Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
discovery_order [2016/10/22 00:27]
Carlos Pedraza Adds see also link
discovery_order [2009/05/26 00:24] (current)
Line 15: Line 15:
  
 On Twitter, Axanar producer [[Alec Peters]], a named defendant, called the order "a big win in court today."​ His surrogate'​s blog, [[http://​fff.trekbloggers.com/​2016/​10/​21/​breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/​|Fan Film Factor]], summed it up like this: On Twitter, Axanar producer [[Alec Peters]], a named defendant, called the order "a big win in court today."​ His surrogate'​s blog, [[http://​fff.trekbloggers.com/​2016/​10/​21/​breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/​|Fan Film Factor]], summed it up like this:
 +
 +<WRAP right round download 50%>
 +<wrap lo><​wrap em>​DOWNLOAD</​wrap>​ Judge Eick's [[driv>​0BzmetJxi-p0VaG9EeFBrWW1KWU0|order on the defense motion]] to compel discovery. Also: Defense attorney [[Erin Ranahan]]'​s request [[driv>​0BzmetJxi-p0VTWcta2pzSHpFWUk|for a transcript]] of the October 21 hearing on the motion.</​wrap>​
 +</​WRAP>​
  
 > "​Axanar got pretty much everything they wanted and the studios are going to have a //very// busy week ahead. … [It's] a big win for Axanar during the discovery phase. ​ The actual trial is completely separate, but for right now, the defense is going to have a very happy weekend."​(([[http://​fff.trekbloggers.com/​2016/​10/​21/​breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/​|"​Breaking news!!! Magistrate Judge rules in AXANAR’s favor regarding discovery!"​ Jonathan Lane, Fan Film Factor]], 10/21/16.)) > "​Axanar got pretty much everything they wanted and the studios are going to have a //very// busy week ahead. … [It's] a big win for Axanar during the discovery phase. ​ The actual trial is completely separate, but for right now, the defense is going to have a very happy weekend."​(([[http://​fff.trekbloggers.com/​2016/​10/​21/​breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/​|"​Breaking news!!! Magistrate Judge rules in AXANAR’s favor regarding discovery!"​ Jonathan Lane, Fan Film Factor]], 10/21/16.))
  
 However, with the exceptions in discovery requests listed below, the order officially denied the defense motion to compel discovery.((Judge Eick wrote: "​Except as expressly stated herein, the Motion is denied."​)) However, with the exceptions in discovery requests listed below, the order officially denied the defense motion to compel discovery.((Judge Eick wrote: "​Except as expressly stated herein, the Motion is denied."​))
- 
---> Read the Full Text of the Court Order# 
-<wrap lo>The Court has read and considered all papers filed in support of and in opposition to "​Defendants'​ Motion to Compel Discovery from Plaintiffs"​ ("the Motion"​),​ filed September 29, 2016. The Court heard oral argument on October 21, 2016. \\ 
-\\ 
-Defendants have withdrawn the Motion as to those matters subsumed under "Issue 3." See "​Defendants'​ Supplemental Memorandum, etc.," filed October 7, 2016, at p. 5; see also "Joint Stipulation,​ etc.," filed September 29, 2016, at pp. 51-58. \\ 
-\\ 
-On or before October 28, 2016, Plaintiffs shall: (1) serve supplemental responses without objection, and produce all documents responsive to, the following requests (except documents withheld under claim of attorney-client privilege): 14, 35, 36, 37 (limited to the works allegedly infringed and also limited to documents (which may be summary documents) sufficient to show revenues and profitability),​ 17 (limited to 2009 to the present, 18 (limited to 2009 to the present), 21, 25, and 29; (2) serve supplemental answers without objection to Interrogatories Nos. 8 and 9; (3) produce for deposition a witness or witnesses prepared to testify as to Deposition Testimony Subject No. 28; (4) serve a privilege log identifying with particularity all documents withheld under claim of attorney-client privilege; and (5) to the extent not otherwise ordered herein, fulfill all discovery-related promises previously made by Plaintiffs to Defendants. \\ 
-\\ 
-Except as expressly stated herein, the Motion is denied. \\ 
-\\ 
-Any party seeking review of this Order shall cause the preparation and filing of a transcript of the October 21, 2016 hearing. \\ 
-\\ 
-//Hon. Charles F. Eick, Judge//</​wrap>​ 
-\\ 
-\\ 
-<-- 
  
 ===== Withdrawals and Exemptions ===== ===== Withdrawals and Exemptions =====
 +
 +The judge'​s order formally noted what was reported last week that Axanar'​s attorneys had withdrawn the part of the motion challenging the [[supplemental_discovery|studios'​ chain of title]] to the ownership of Star Trek's copyrights, as well as the defense'​s complaint that plaintiffs'​ attorneys had mischaracterized when the parties had met to confer about discovery.
  
 <WRAP right round info 50%> <WRAP right round info 50%>
 <wrap lo>​**ATTORNEY-CLIENT PRIVILEGE** allows a client to prevent disclosure of confidential communications between client and attorney. It is one of the oldest recognized privileges for confidential communications,​ intended to encourage clients to make full disclosures to their attorneys, who are then better able to provide candid advice and effective representation.(([[https://​en.wikipedia.org/​wiki/​Attorney–client_privilege|Wikipedia,​ "​Attorney-client privilege"​]]. retrieved 10/​21/​16.))</​wrap>​ <wrap lo>​**ATTORNEY-CLIENT PRIVILEGE** allows a client to prevent disclosure of confidential communications between client and attorney. It is one of the oldest recognized privileges for confidential communications,​ intended to encourage clients to make full disclosures to their attorneys, who are then better able to provide candid advice and effective representation.(([[https://​en.wikipedia.org/​wiki/​Attorney–client_privilege|Wikipedia,​ "​Attorney-client privilege"​]]. retrieved 10/​21/​16.))</​wrap>​
 </​WRAP>​ </​WRAP>​
- 
-The judge'​s order formally noted what was reported last week that Axanar'​s attorneys had withdrawn the part of the motion challenging the [[supplemental_discovery|studios'​ chain of title]] to the ownership of Star Trek's copyrights, as well as the defense'​s complaint that plaintiffs'​ attorneys had mischaracterized when the parties had met to confer about discovery. 
  
 The order exempted the required studio documents covered under attorney-client privilege but rejected the plaintiffs'​ general objection that the defense requests were "​overbroad,​ unduly burdensome"​ and that the records being sought "are not relevant to any party'​s claim or defense."​((“Discovery Motion, Joint Stipulation Regarding Defendants’ Motion to Compel Discovery from Plaintiffs,​” p. 31, 9/29/16.)) The order exempted the required studio documents covered under attorney-client privilege but rejected the plaintiffs'​ general objection that the defense requests were "​overbroad,​ unduly burdensome"​ and that the records being sought "are not relevant to any party'​s claim or defense."​((“Discovery Motion, Joint Stipulation Regarding Defendants’ Motion to Compel Discovery from Plaintiffs,​” p. 31, 9/29/16.))