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emergency_motion [2016/10/31 14:15] – Carlos Pedraza | emergency_motion [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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- | ====== Court Orders | + | ====== Court Orders Peters Deposition, Other Plaintiff Requests ====== |
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Though he formally denied the plaintiffs' | Though he formally denied the plaintiffs' | ||
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===== What CBS, Paramount Won ===== | ===== What CBS, Paramount Won ===== | ||
The order, issued October 31, 2016 without oral hearings, required: | The order, issued October 31, 2016 without oral hearings, required: | ||
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* Axanar producer [[Alec Peters]] to submit to a second deposition. | * Axanar producer [[Alec Peters]] to submit to a second deposition. | ||
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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. | ||
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===== Partially Denied ===== | ===== Partially Denied ===== | ||
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Axanar' | Axanar' | ||
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+ | === Pyrrhic Victory === | ||
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+ | Peters claimed his victory on a bit of judicial parlance in the order that stated: | ||
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+ | > Except as expressly stated herein, the Application is denied.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 2, 10/31/16.)) | ||
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+ | However, as [[#what cbs, paramount won|noted above]], the judge' | ||
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===== 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.)) | ||
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=== 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' | ||
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+ | 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 " | ||
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+ | > 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.)) | ||
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+ | The order then made it possible for the plaintiffs to show the financial summary to a less restrictive list of [[protective_order# | ||
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+ | <WRAP right box 50%> | ||
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+ | 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.)) | ||
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+ | === Embarrassing Information === | ||
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+ | Despite Peters' | ||
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+ | The plaintiffs said that was no basis for restricting access to the financials: | ||
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+ | > 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, | ||
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+ | === Defense Objection === | ||
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+ | In her opposition to changing the confidentiality of the financial information, | ||
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+ | The judge was not persuaded by her argument. | ||
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+ | ==== Privilege Log ==== | ||
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+ | Upon learning from Peters in his deposition that he had sought legal counsel prior this [[lawsuit]], | ||
+ | Eick substantially fulfilled the plaintiffs' | ||
+ | > Defendants shall serve on Plaintiffs a privilege log identifying with particularity all documents which are: (a) responsive to Plaintiffs’ [[https:// | ||
+ | === Squabbling Lawyers === | ||
+ | Both the plaintiffs' | ||
+ | ===== Discovery Disputes ===== | ||
+ | Monday' | ||
+ | ---- | ||
+ | **Keywords** {{tag> |