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dismissal_denied [2016/05/10 12:44] – created Carlos Pedraza
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 +<WRAP box>
 +{{::live-long-and-prosper.jpg|}} \\
 +<wrap lo>**JUDGE DENIES** defense motion to dismiss, citing Vulcan philosophy to state plaintiffs' infringement case will 'live long' enough to seek to 'prosper' in court.</wrap>
 +</WRAP>
 +
 +===== Dismissal Denied =====
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 +In a sweeping rejection of arguments made by Axanar's lawyers, [[Judge R. Gary Klausner|a federal judge]] on May 9, 2016, denied the pending [[motion to dismiss]] and ordered the [[copyright infringement]] [[lawsuit]] should move forward.
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 +<WRAP right round download 50%>
 +<wrap lo>**DOWNLOAD** the {{:paramount_v_axanar_2-15-cv-09938_cd_ca_2016-05-10_43_court_order_denying_motion_to_dismiss.pdf|judge's order}} denying the defense motion to dismiss the copyright infringement lawsuit against Axanar Productions and Alec Peters.</wrap>
 +</WRAP>
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 +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.
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 +In issuing the order, Klausner included a sly reference to Vulcan philosophy:
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 +> Although the Court declines to address whether Plaintiffs’ Claims <wrap hi>will prosper</wrap> at this time, the Court does find Plaintiffs’ claims will <wrap hi>live long</wrap> enough to survive Defendants’ Motion to Dismiss. For the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss. IT IS SO ORDERED.
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 +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 [[summary_of_the_lawsuit|legal complaint]] on or before May 25, 14 days after the judge's ruling.
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