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emergency_motion [2016/10/31 14:15] – Carlos Pedrazaemergency_motion [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 +{{:federalcourt.jpg |}} \\ 
 +<wrap lo>//Photo/Douglas C. Palmer//</wrap> 
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-====== Court Orders New Peters Deposition, Grants Other Plaintiff Requests ======+====== Court Orders Peters Deposition, Other Plaintiff Requests ======
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 Though he formally denied the plaintiffs' [[axanar_financials|emergency motion]], federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles F. Eick]] nonetheless granted most of what CBS and Paramount wanted from Axanar, with discovery still due to end a few days hence. Though he formally denied the plaintiffs' [[axanar_financials|emergency motion]], federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles F. Eick]] nonetheless granted most of what CBS and Paramount wanted from Axanar, with discovery still due to end a few days hence.
  
-<WRAP right round alert 50%> +<WRAP round important> 
-<wrap lo><wrap em>DEVELOPING STORY</wrap> This story will be updated throughout the day, and should be considered as a draft until this notice is removed.</wrap>+<wrap lo><wrap em>UPDATE</wrap> Alec Peters' second deposition took place on November 2, 2016.</wrap>
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 +
  
 ===== What CBS, Paramount Won ===== ===== What CBS, Paramount Won =====
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 Meanwhile, on the same day Eick issued his order, he led [[settlement_conference|settlement talks]] between the studios, Peters and their attorneys. Meanwhile, on the same day Eick issued his order, he led [[settlement_conference|settlement talks]] between the studios, Peters and their attorneys.
 +
 +<WRAP right round download 50%>
 +<wrap lo>**DOWNLOAD** the October 31 [[driv>0BzmetJxi-p0VcG9IQlJUd3E1ZmM|court order (PDF)]] issued by Magistrate Judge Charles Eick.</wrap>
 +</WRAP>
  
 ===== Partially Denied ===== ===== Partially Denied =====
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 Axanar's Twitter account did not go on to specify what Peters won in the order. Axanar's Twitter account did not go on to specify what Peters won in the order.
 +
 +=== Pyrrhic Victory ===
 +
 +Peters claimed his victory on a bit of judicial parlance in the order that stated:
 +
 +> Except as expressly stated herein, the Application is denied.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 2, 10/31/16.))
 +
 +However, as [[#what cbs, paramount won|noted above]], the judge's ruling did grant the substance of what the plaintiffs sought.
 +
 +
 +[{{ :captain-peters-1.jpg|Axanar producer **Alec Peters**}}]
  
 ===== Details of the Court Order ===== ===== Details of the Court Order =====
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 The judge, however, ordered Peters to be deposed before the discovery cut-off for a maximum five-hour deposition. He also placed no limits on the topics beyond the usual limits in the federal rules for civil procedure.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.)) The judge, however, ordered Peters to be deposed before the discovery cut-off for a maximum five-hour deposition. He also placed no limits on the topics beyond the usual limits in the federal rules for civil procedure.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.))
 +
 +[{{ ::vulcan-glyphs.jpg?direct&300|**UNDISCLOSED EMAIL** from Alec Peters appears to contradict claims his defense attorney made in earlier motion that the characters appearing on this costume were not Vulcan glyphs but Chinese.}}]
  
 === Contradictions === === Contradictions ===
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 At least one email pointed out what appeared to be inconsistencies between what Ranahan had claimed in earlier motions as defense against infringement and actions Peters actually took. At least one email pointed out what appeared to be inconsistencies between what Ranahan had claimed in earlier motions as defense against infringement and actions Peters actually took.
  
 +==== Releasing Axanar's Financials ====
 +
 +CBS and Paramount had wanted to use a financial summary Peters claimed had been prepared by an accountant in depositions of other witnesses but the defense had marked it "attorneys' eyes only." Eick ruled that designation was improper:
 +
 +> The document (“Exhibit H”) appended to the [emergency motion] was not properly designated by Defendants as “Confidential – Attorneys’ Eyes Only.” … This document shall be treated as “Confidential.”((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.))
 +
 +The order then made it possible for the plaintiffs to show the financial summary to a less restrictive list of [[protective_order#qualified persons]].
 +
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 +//**__«That document may embarrass Mr. Peters by showing [how] he spent funds that were raised from Star Trek fans.»__**// — //CBS, Paramount Attorneys' Ex Parte Motion//
 +</WRAP>
 +
 +In her opposition brief, Ranahan told the judge the defense had submitted revised financial information on October 28, designated only “confidential” instead of “attorneys eyes only,” rendering moot the plaintiffs’ request in their emergency motion.((Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Order, p. 6, 10/28/16.))
 +
 +=== Embarrassing Information ===
 +
 +Despite Peters' recent [[axanar_financials#peters_and_attorney_s_accounts_contradict|public declarations]] the financials had been prepared by an accountant, the defense had marked the document "attorneys eyes only," to protect Axanar's trade secrets from competitors. She did not specify who those competitors were. She also claimed the financial information was not reviewed by an accountant and that it would be misused by Axanar detractors "seeking to bring down Alec."((Erin Ranahan email to David Grossman, 10/27/16.))
 +
 +The plaintiffs said that was no basis for restricting access to the financials:
 +
 +> The only basis offered by Defendants’ counsel for the failure to de-designate this document is that is that the material in that document may embarrass Mr. Peters by showing the ways in which he spent funds that were raised from Star Trek fans. This is not a proper basis for designating a document as Highly Confidential.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, p. 3, 10/27/16.))
 +
 +=== Defense Objection ===
 +
 +In her opposition to changing the confidentiality of the financial information, Ranahan essentially claimed opposing counsel couldn't be trusted based on incidents in which she claimed the plaintiffs had [[axanar_financials#allegation_plaintiffs_revealed_confidential_information|breached confidentiality]], including a [[axanar_financials#third-party leaks|supposed leak]] by the studios' attorneys to **AxaMonitor**.
 +
 +The judge was not persuaded by her argument.
 +
 +[{{ :ranahan_3.32.06_am.jpg?150|Axanar attorney **Erin Ranahan** of Winston & Strawn.}}]
 +==== Privilege Log ====
 +
 +Upon learning from Peters in his deposition that he had sought legal counsel prior this [[lawsuit]], studio attorneys asked for a log of privileged communications between Peters and other lawyers. The log is intended to give opposing counsel the chance to challenge whether any particular communication is protected by attorney-client confidentiality.
  
 +Eick substantially fulfilled the plaintiffs' request, ordering the log to be provided before the discovery cut-off:
  
 +> Defendants shall serve on Plaintiffs a privilege log identifying with particularity all documents which are: (a) responsive to Plaintiffs’ [[https://www.law.cornell.edu/rules/frcp/rule_34|Rule 34]] requests; (b) not previously produced by Defendants; and %%(c)%% now claimed by Defendants to be privileged.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.))
  
 +=== Squabbling Lawyers ===
  
 +Both the plaintiffs' motion and defense's opposition brief details back-and-forth disagreements between Ranahan and studio attorney David Grossman. Ranahan told the court studio lawyers had refused to have a meaningful discussion about privilege logs, including what they were specifically looking for, such as subjects, search terms, or types of attorney discussions the plaintiffs believed should be logged.
 +===== Discovery Disputes =====
  
 +Monday's ruling was the latest in a series of disputes between the parties during the discovery process. Axanar had earlier won a [[discovery_order|motion to compel]] the plaintiffs to turn over records it had previously resisted. For its part, the defense [[supplemental_discovery|gave up]] on its effort to dispute the studios' actual ownership of Star Trek's copyrights. {{:axamonitor-ico.gif?nolink|}}
  
 +----
 +**Keywords** {{tag>lawsuit parties defense plaintiffs discovery}}