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anatomy_of_the_case [2016/10/11 14:35] – [Timeline of the Case] adds supplemental motions Carlos Pedrazaanatomy_of_the_case [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 +{{TOC}}
 {{::federal-courthouse.jpg|Federal courthouse. Used under Creative Commons license.}} {{::federal-courthouse.jpg|Federal courthouse. Used under Creative Commons license.}}
-{{page>status}}+ 
 +{{page>understanding}}
  
 ====== Timeline of the Case ====== ====== Timeline of the Case ======
 <wrap lo>//See also: [[timeline|Full Axanar timeline]]//</wrap> <wrap lo>//See also: [[timeline|Full Axanar timeline]]//</wrap>
-{{page>understanding}} 
  
 This **anatomy of the case** ([[:lawsuit|Paramount Pictures, et al. v. Axanar Productions, et al.]]), breaks down the parts of the lawsuit into an easy-to-navigate timeline. This **anatomy of the case** ([[:lawsuit|Paramount Pictures, et al. v. Axanar Productions, et al.]]), breaks down the parts of the lawsuit into an easy-to-navigate timeline.
 +
 +/* ===== 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>//Click image to view full size. Also available in high-resolution// {{ :case_timeline.pdf |PDF (~400K)}}.</wrap>
 +</WRAP>
 +
 +{{:case-timeline.png?direct|Timeline}} */
 +
 +===== Full History of the Case =====
  
 <wrap lo>Click on any subheading to reveal details about each element of the suit.</wrap> <wrap lo>Click on any subheading to reveal details about each element of the suit.</wrap>
  
---> Legal Complaint — December 29, 2015#^+--> Legal Complaint — December 29, 2015#
 [{{ :cbs_logo.gif?nolink&100|**PLAINTIFFS** CBS Studios and Paramount Pictures}}] [{{ :cbs_logo.gif?nolink&100|**PLAINTIFFS** CBS Studios and Paramount Pictures}}]
   * The [[lawsuit|legal complaint]] by [[:Paramount Pictures|Paramount]] and [[:CBS]] is filed in U.S. Central District Court of California by the studios' attorneys [[:Loeb & Loeb]].   * The [[lawsuit|legal complaint]] by [[:Paramount Pictures|Paramount]] and [[:CBS]] is filed in U.S. Central District Court of California by the studios' attorneys [[:Loeb & Loeb]].
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 <-- <--
 <-- <--
-\\ +--> Amended Legal Complaint — March 11, 2016#
- +
---> Amended Legal Complaint — March 11, 2016#^+
 [{{ :loeb-logo.jpg?nolink&100|Law firm **Loeb & Loeb**}}] [{{ :loeb-logo.jpg?nolink&100|Law firm **Loeb & Loeb**}}]
 On March 11, CBS and Paramount files a more detailed, [[summary_of_the_lawsuit|amended legal complaint]] in response to the defense's [[Motion to Dismiss]] on February 22, 2016. On March 11, CBS and Paramount files a more detailed, [[summary_of_the_lawsuit|amended legal complaint]] in response to the defense's [[Motion to Dismiss]] on February 22, 2016.
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 In the amended complaint, the plaintiffs submit a [[summary_of_the_lawsuit#side-by-side comparisons|28-page list]] of specific copyrighted Star Trek elements infringed upon by //Prelude to Axanar//, the //Axanar// script and the already produced footage shot for the full //Axanar// feature. In the amended complaint, the plaintiffs submit a [[summary_of_the_lawsuit#side-by-side comparisons|28-page list]] of specific copyrighted Star Trek elements infringed upon by //Prelude to Axanar//, the //Axanar// script and the already produced footage shot for the full //Axanar// feature.
  
---> Defendants' Answer#^+--> Defendants' Answer#
 Defendants' answer was filed May 23, 2016. Defendants' answer was filed May 23, 2016.
  
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 <-- <--
 <-- <--
-\\ +--> Defendants' Responses#
- +
---> Defendants' Responses#^+
 [{{ :alec_peters.jpg?nolink&100|Axanar's **Alec Peters**}}] [{{ :alec_peters.jpg?nolink&100|Axanar's **Alec Peters**}}]
 [[lawsuit#Defendants]] Alec Peters and Axanar Productions Inc., via attorneys [[:Winston & Strawn]], file their initial response to the legal complaint. [[lawsuit#Defendants]] Alec Peters and Axanar Productions Inc., via attorneys [[:Winston & Strawn]], file their initial response to the legal complaint.
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 \\ \\
  
---> Pre-Trial Activities#^+<-- 
 +--> 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. This phase of the case includes motions, pleadings, conferences or court hearings leading up to the trial. Settlements often happen during this period.
  
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 <-- <--
---> Hearing on Discovery Motion — October 21, 2016# +--> 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.+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's confidential financial data in questioning other witnesses. Plaintiffs also ask for a log of privileged communication between Peters and lawyers he consulted before the lawsuit. 
 + 
 +<-- 
 +--> Defense Opposes Emergency Motion — October 28, 2016# 
 +Axanar's lawyers ask the court to [[axanar_financials|reject the plaintiffs' requests]] in the previous day's emergency motion, calling it a "colossal waste of the court's time." 
 + 
 +<-- 
 +--> Magistrate Grants Much of Plaintiffs' Emergency Motion — October 31, 2016# 
 +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's financial data are also loosened, and plaintiffs gain access to log of Peters' communication with other lawyers pre-lawsuit. 
 + 
 +<-- 
 +--> 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]], hoping to avoid the time and expense of going to trial. The first face-to-face meeting was to be followed by conference calls on November 4, 10 and 14.
  
 <-- <--
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 <-- <--
---> Motion Cut-Off — November 16, 2016# +--> Both Sides Ask for Summary Judgment — November 16, 2016# 
-Motions, including those for summary judgment, must be submitted by this day.+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 "uncontrovertible facts," attempting to avoid the need for a full trial on Axanar's copyright infringement lawsuit. 
 + 
 +<-- 
 +--> Both Sides Oppose Summary Judgment — November 28, 2016# 
 +Attorneys for defendants and plaintiffs file briefs objecting to one another's call for summary judgment. 
 + 
 +<-- 
 +--> Attorneys Reply to One Another's Opposition to Summary Judgment — December 5, 2016# 
 +Both sides file replies to one another's December 5 opposition to the summary judgment motions. 
 + 
 +<-- 
 +--> 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# --> 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 20 days to oppose the motions, and then until January 21, 2017, to reply to the opposition. The judge will rule prior to trial on January 31.+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's motions, and then until January 21, 2017, to reply to the opposition. The judge will rule prior to trial on January 31. 
 + 
 +<-- 
 +--> 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's defense for copyright infringement. Klausner also determines Axanar was indeed a commercial venture posing potential harm to CBS and Paramount's market for Star Trek, and that the defendants used copyrighted Star Trek elements in their film works. The case moves forward for a jury to determine whether the "total concept and feel" of Star Trek and Axanar are substantially similar, and to what extent the defendants will have to pay damages in the case.
  
 <-- <--
 --> Expert Witness Disclosure — January 4, 2017# --> Expert Witness Disclosure — January 4, 2017#
 Both sides must disclose what [[https://www.law.cornell.edu/rules/frcp/rule_26|expert witnesses]] they intend to have testify at trial, including written reports of the opinions and facts they will express and exhibits they intend to offer. Both sides must disclose what [[https://www.law.cornell.edu/rules/frcp/rule_26|expert witnesses]] they intend to have testify at trial, including written reports of the opinions and facts they will express and exhibits they intend to offer.
 +
 +<--
 +--> Attorneys Oppose Efforts to Dismiss Evidence — January 6, 2017#
 +By this date, lawyers for both sides must file their opposition to opposing counsel's motion to exclude evidence.
  
 <-- <--
 --> Pre-Trial Conference — January 9, 2017# --> Pre-Trial Conference — January 9, 2017#
-Judges at this final meeting between the parties often use this conference 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's duration.+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's duration.
  
 <-- <--
---> Trial Begins — January 31, 2017# +<-- 
-The trial begins at 9 a.m. PST with jury selection. It is expected to last between 10 and 15 days.+--> Settlement Announced — January 20, 2017# 
 +Just 11 days before the trial was due to begin, Axanar reached an accord with CBS/Paramount. The [[axanar_settles|settlement]] allows Alec Peters to produce a two-part, 30-minute short version of //Axanar//, but prohibits him from seeking further public funding. Peters also admitted he ran afoul of the studio's copyrights in Star Trek.
  
 <-- <--