JUDGE DENIES defense motion to dismiss, citing Vulcan philosophy to state plaintiffs’ infringement case will ‘live long’ enough to seek to ‘prosper’ in court.

Dismissal Denied

In a sweeping rejection of arguments made by Axanar’s lawyers, a federal judge on May 9, 2016, denied the pending motion to dismiss and ordered the copyright infringement lawsuit should move forward.

DOWNLOAD the judge's order denying the defense motion to dismiss the copyright infringement lawsuit against Axanar Productions and Alec Peters.

The eight-page “civil minutes” published by the court denied each point of law Axanar’s attorney, Erin Ranahan, asserted in the pending dismissal motion.

In issuing the order, Klausner included a sly reference to Vulcan philosophy:

Although the Court declines to address whether Plaintiffs’ Claims will prosper at this time, the Court does find Plaintiffs’ claims will live long enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss. IT IS SO ORDERED.1)

With the dismissal motion disposed of, the case proceeded forward to an expected filing by Axanar’s law firm, Winston & Strawn of its answer to the legal complaint on or before May 25, 14 days after the judge’s ruling.

1)
Civil Minutes, Judge R. Gary Klausner’s Order to Deny Motion to Dismiss, p. 8 §V, “Conclusion,” 5/9/16.
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