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| + | {{TOC}} | ||
| + | {{:: | ||
| + | {{page> | ||
| + | |||
| + | ====== Timeline of the Case ====== | ||
| + | <wrap lo>//See also: [[timeline|Full Axanar timeline]]//</ | ||
| + | |||
| + | This **anatomy of the case** ([[: | ||
| + | |||
| + | /* ===== Upcoming Lawsuit Dates ===== | ||
| + | |||
| + | <WRAP box> | ||
| + | This chart notes significant upcoming dates in the Axanar [[copyright_infringement|copyright]] [[lawsuit]]. The [[#full history of the case]] appears below the chart. <wrap lo>// | ||
| + | </ | ||
| + | |||
| + | {{: | ||
| + | |||
| + | ===== Full History of the Case ===== | ||
| + | |||
| + | <wrap lo>Click on any subheading to reveal details about each element of the suit.</ | ||
| + | |||
| + | --> Legal Complaint — December 29, 2015# | ||
| + | [{{ : | ||
| + | * The [[lawsuit|legal complaint]] by [[: | ||
| + | * [[: | ||
| + | |||
| + | --> Defendants' | ||
| + | Instead of an Answer, the defendants choose to file a Motion to Dismiss (see below for details). | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Amended Legal Complaint — March 11, 2016# | ||
| + | [{{ : | ||
| + | On March 11, CBS and Paramount files a more detailed, [[summary_of_the_lawsuit|amended legal complaint]] in response to the defense' | ||
| + | |||
| + | <WRAP right round alert 50%> | ||
| + | <wrap lo>< | ||
| + | </ | ||
| + | |||
| + | --> Why They' | ||
| + | Why CBS and Paramount are suing Axanar. | ||
| + | |||
| + | --> Specified Copyright Violations# | ||
| + | In the amended complaint, the plaintiffs submit a [[summary_of_the_lawsuit# | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Knowing Infringement# | ||
| + | That [[Axanar Productions]], | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> The " | ||
| + | That Peters and the [[: | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Injunction# | ||
| + | That the defendants will continue to infringe unless the court stops them. | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Supervised Infringement# | ||
| + | That Peters supervised the other defendants' | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | |||
| + | --> Defendants' | ||
| + | That the defendants enjoyed “[[fan_films_breaking_the_unwritten_rules_and_defining_profit# | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Ongoing Infringement# | ||
| + | That the defendants are in the middle of producing their infringing works (i.e., //Axanar// and [[merchandise]]. | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Felt Entitled to Infringe# | ||
| + | That the defendants believe they are entitled to create and sell the infringing Star Trek works. | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | <-- | ||
| + | --> What They Want# | ||
| + | Here is what CBS and Paramount seek from the court. | ||
| + | |||
| + | --> Declaratory Judgment# | ||
| + | A judgment by the court that the defendants clearly infringed on the studios' | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Damages# | ||
| + | $150, | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Attorneys' | ||
| + | In civil suits, the victor is entitled to recover at least part of its legal expenses from the losing side. | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Injunction# | ||
| + | The studios want to halt production and sale of infringing products. | ||
| + | |||
| + | --> Defendants' | ||
| + | Defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | <-- | ||
| + | --> Jury Trial# | ||
| + | The studio wants a jury to render a verdict in the case rather than a judge. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Defendants' | ||
| + | [{{ : | ||
| + | [[lawsuit# | ||
| + | |||
| + | --> Filing Extension & Temporary Production Halt — January 21, 2016# | ||
| + | By parties' | ||
| + | |||
| + | <-- | ||
| + | |||
| + | --> Motion to Dismiss — February 22, 2016# | ||
| + | Feb. 22, 2016 — Defendants [[Alec Peters]] and [[Axanar Productions]] file a [[Motion to Dismiss]] in answer to the [[lawsuit|legal complaint]], | ||
| + | |||
| + | --> Claims are Too Vague# | ||
| + | |||
| + | --> Which Copyrights?# | ||
| + | CBS and Paramount don't specify exactly which of their copyrights were infringed — the case law behind the assertion of [[dismissal-citations# | ||
| + | |||
| + | <-- | ||
| + | |||
| + | --> Who Really Owns Star Trek?# | ||
| + | The ownership of Star Trek has [[Paramount Pictures# | ||
| + | |||
| + | <-- | ||
| + | --> Unsupported Allegations# | ||
| + | The defense quotes case law it says requires supporting facts for allegations to survive a motion to dismiss. The legal complaint' | ||
| + | |||
| + | * //Prelude to Axanar// is a " | ||
| + | * Allegation of defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | |||
| + | --> Too Soon to Sue# | ||
| + | The defense believes that any claims related specifically to the as-yet-unproduced //Axanar// film should be dismissed. | ||
| + | |||
| + | --> ' | ||
| + | The defense says the Court can't determine whether a film infringed or not if it hasn't been made yet. What's the [[dismissal-citations# | ||
| + | |||
| + | <-- | ||
| + | --> Stopping Production is Censorship# | ||
| + | The [[summary of the lawsuit# | ||
| + | |||
| + | <-- | ||
| + | |||
| + | --> No Harm, No Foul# | ||
| + | Plaintiffs can't claim copyright harm from something that hasn't been made yet. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | <-- | ||
| + | --> Motion to Dismiss is Moot — March 15, 2016# | ||
| + | The court announces that the [[summary_of_the_lawsuit|amended complaint]] makes the dismissal motion moot, so the previously scheduled court hearing on the motion is unnecessary. | ||
| + | |||
| + | <-- | ||
| + | --> New Motion to Dismiss — March 28, 2016# | ||
| + | Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Defense Files Answer and Counterclaim — May 23, 2016^# | ||
| + | The defense files its [[answer|response]] to the legal complaint, including a counterclaim seeking declaratory judgment against copyright infringement, | ||
| + | |||
| + | --> Plaintiffs File Answer to Counterclaim — June 13, 2016# | ||
| + | The plaintiffs are due to file their response to the defendants' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | \\ | ||
| + | |||
| + | <-- | ||
| + | --> Pre-Trial Activities# | ||
| + | This phase of the case includes motions, pleadings, conferences or court hearings leading up to the trial. Settlements often happen during this period. | ||
| + | |||
| + | --> Scheduled Dismissal Filings — February 29 and March 7, 2016# | ||
| + | Between filing of the dismissal motion and its scheduled hearing, both sides get the chance to exchange briefs about the motion. | ||
| + | |||
| + | --> CBS/ | ||
| + | CBS and Paramount' | ||
| + | |||
| + | <-- | ||
| + | --> No Reply from Axanar Due — March 7, 2016# | ||
| + | CBS and Paramount' | ||
| + | \\ | ||
| + | The defense files a notice with the court noting that plaintiffs did not respond to the dismissal motion. The notice mentions that plaintiffs plan to file an amended complaint, to be considered at either the dismissal hearing scheduled March 21 or the scheduling conference May 9. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | |||
| + | --> Order Setting Scheduling Conference — March 4, 2016# | ||
| + | Judge Klausner orders a [[scheduling conference]] on May 9, at which the two sides must agree on a plan for discovery, and agree on one of several possible alternative dispute resolutions as a means to avoid a trial. | ||
| + | |||
| + | <-- | ||
| + | --> Opposition to Second Dismissal Motion — April 11, 2016# | ||
| + | CBS and Paramount' | ||
| + | |||
| + | <-- | ||
| + | --> Plans for Discovery Due — April 18, 2016# | ||
| + | The two sides must exchange their plans for proceeding with [[discovery]], | ||
| + | |||
| + | <-- | ||
| + | --> Defense Reply to Opposition to Second Dismissal Motion — April 25, 2016# | ||
| + | The defense files two documents [[dismissal_support|rebutting plaintiffs' | ||
| + | |||
| + | <-- | ||
| + | --> Joint Statement to Court — May 2, 2016# | ||
| + | A [[joint statement]] by both sides reveal it may be almost a year before Axanar gets its day in court, but a settlement might come sooner, with talks scheduled before a federal magistrate. Documents | ||
| + | |||
| + | <-- | ||
| + | --> No Hearing on Motion to Dismiss – May 4, 2016# | ||
| + | Judge Klausner issues order stating he will consider the dismissal motion and related pleadings without holding the hearing requested by the defense. | ||
| + | |||
| + | <-- | ||
| + | --> Judge Denies Motion to Dismiss — May 9, 2016# | ||
| + | In a sweeping rejection of arguments made by the defense, Judge Klausner denies the pending [[motion to dismiss]] and orders the copyright infringement lawsuit to move forward. | ||
| + | |||
| + | <-- | ||
| + | --> Scheduling Conference — May 9, 2016# | ||
| + | At this meeting, the two sides agree on a plan for [[discovery]], | ||
| + | |||
| + | <-- | ||
| + | --> Abrams, Lin Intervene — May 20, 2016^ | ||
| + | <wrap lo>< | ||
| + | |||
| + | <-- | ||
| + | --> Answer and Counterclaim — May 23, 2016# | ||
| + | Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Deadline for Adding Parties, Amending Case — May 25, 2016# | ||
| + | This is the last day the parties can add others to the suit. For the plaintiffs, that means naming any people they described in their legal complaint as " | ||
| + | |||
| + | <-- | ||
| + | --> Plaintiffs' | ||
| + | CBS and Paramount' | ||
| + | |||
| + | <-- | ||
| + | --> Protective Order Filed — July 12, 2016# | ||
| + | Both sides file for a [[protective order]] governing confidential information they gather during the course of [[discovery]]. Federal magistrate Charles Eick approves the order the following day. | ||
| + | |||
| + | <-- | ||
| + | --> Subpoenas Served — September 2, 2016# | ||
| + | Plaintiffs serve former Axanar chief technologist Terry McIntosh with the first publicly acknowledged [[mcintosh_subpoena|subpoena]], | ||
| + | |||
| + | <-- | ||
| + | --> Depositions Delayed — September 16, 2016# | ||
| + | Plaintiffs' | ||
| + | |||
| + | <-- | ||
| + | --> Motion to Compel Discovery — September 29, 2016# | ||
| + | The defense files a [[compel_discovery|motion]] asking the court to make CBS and Paramount produce financial records stretching back 50 years concerning the studios' | ||
| + | |||
| + | <-- | ||
| + | --> Supplemental Filing on Discovery Motion — October 7, 2016# | ||
| + | Attorneys for both sides file supplemental memos supporting their earlier positions on the [[compel_discovery|motion to compel discovery]]. The [[supplemental_discovery|filings reveal]] Axanar is no longer pursuing discovery on the question of CBS/ | ||
| + | |||
| + | <-- | ||
| + | --> Hearing, Ruling on Discovery Motion — October 21, 2016# | ||
| + | Attorneys for both sides present arguments regarding the [[compel_discovery|Motion to Compel Discovery]] before federal magistrate Judge Charles F. Eick in Los Angeles. Eick [[discovery_order|issues an order]] partially granting and otherwise denying the motion, which requires plaintiffs to turn over a number of documents requested by the defense. | ||
| + | |||
| + | <-- | ||
| + | --> Uncovered Emails Spur Emergency Motion — October 27, 2016# | ||
| + | After learning about emails Axanar producer Alec Peters hadn't disclosed to plaintiffs, their attorneys file an [[missing_emails|emergency motion]] for another deposition of Peters, and ask a judge to allow them to use Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Defense Opposes Emergency Motion — October 28, 2016# | ||
| + | Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Magistrate Grants Much of Plaintiffs' | ||
| + | Judge [[emergency_motion|orders]] new deposition of Axanar producer Alec Peters, in the wake of newly discovered email he hadn't turned over to plaintiffs. Restrictions on disclosing Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Court-Mandated Settlement Talks — October 31-November 14, 2016# | ||
| + | Talks led by a federal magistrate work to move Axanar and the studios closer to a [[settlement_conference|settlement]], | ||
| + | |||
| + | <-- | ||
| + | --> Factual Discovery Cut-Off — November 2, 2016# | ||
| + | Factual [[discovery]] (e.g., depositions, | ||
| + | |||
| + | <-- | ||
| + | --> Both Sides Ask for Summary Judgment — November 16, 2016# | ||
| + | In massive filings, the [[summary_motions_filed|plaintiffs]] and [[defense_summary-filing|defendants]] both asked Judge Klausner to rule in their favor, based on what each described as " | ||
| + | |||
| + | <-- | ||
| + | --> Both Sides Oppose Summary Judgment — November 28, 2016# | ||
| + | Attorneys for defendants and plaintiffs file briefs objecting to one another' | ||
| + | |||
| + | <-- | ||
| + | --> Attorneys Reply to One Another' | ||
| + | Both sides file replies to one another' | ||
| + | |||
| + | <-- | ||
| + | --> Judge Cancels Summary Judgment Hearing — December 14, 2016# | ||
| + | Judge Klausner says the submitted summary judgment filings [[summary_judgment|are sufficient]] for him to rule; he cancels the hearing that was to have been held December 19. His decision could therefore come at any time. | ||
| + | |||
| + | <-- | ||
| + | --> Objections to Admitting Evidence — December 16, 2016# | ||
| + | Motions are due by this date asking the court to exclude or limit certain evidence at trial. Each side will have until January 5, 2017, to oppose one another' | ||
| + | |||
| + | <-- | ||
| + | --> Memorandum of Fact and Law — December 19, 2016# | ||
| + | Both sides [[statement_fact_law|filed summaries]] of what they contend are the facts and law supporting their cases, as well as a joint list of [[witness_list|witnesses]] to be called and [[exhibit list|evidence]] to be admitted at trial. | ||
| + | |||
| + | <-- | ||
| + | --> Judge Denies Fair Use Defense — January 4, 2017# | ||
| + | While Judge R. Gary Klausner denies both sides' motions for summary judgment, his ruling eliminates fair use as Axanar' | ||
| + | |||
| + | <-- | ||
| + | --> Expert Witness Disclosure — January 4, 2017# | ||
| + | Both sides must disclose what [[https:// | ||
| + | |||
| + | <-- | ||
| + | --> Attorneys Oppose Efforts to Dismiss Evidence — January 6, 2017# | ||
| + | By this date, lawyers for both sides must file their opposition to opposing counsel' | ||
| + | |||
| + | <-- | ||
| + | --> Pre-Trial Conference — January 9, 2017# | ||
| + | Judges at these final meetings between the parties often use such conferences to encourage settling cases. At the conference, the judge and the lawyers can review the evidence and clarify the issues in dispute. They may also try to agree on undisputed facts or points of law in order to shorten the trial' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Settlement Announced — January 20, 2017# | ||
| + | Just 11 days before the trial was due to begin, Axanar reached an accord with CBS/ | ||
| + | |||
| + | <-- | ||
| + | |||
| + | \\ | ||
| + | ---- | ||
| + | **Keywords** | ||
| + | {{tag> | ||