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joint_statement [2016/05/04 14:34] – [Discovery Plans] syntax fix Carlos Pedrazajoint_statement [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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-====== Axanar's Day in Court Won't Be Soon ======+====== Trial Schedule ======
  
-MAY 2, 2016 — It may be at least a year before Axanar gets its day in court, but a settlement might come sooner, as attorneys for both sides agreed to talks before a federal magistrate.+Plaintiffs and defense attorneys met with [[judge_r._gary_klausner|Judge R. Gary Klausner]] on May 9 for a [[scheduling conference|conference]] to create a **schedule** leading up to a January 31, 2017, trial in [[CBS]] and [[Paramount Pictures]]' copyright infringement [[lawsuit]] against [[Axanar Productions]]. That schedule also included settlement talks before a federal magistrate.
  
-In a **joint statement** filed in federal court, attorneys in the CBS/Paramount [[copyright_infringement|Copyright Infringement]] [[lawsuit]] against [[Axanar Productions]] and its CEO, [[Alec Peters]] proposed a year-long schedule of discovery and motions leading up to a trial that would begin May 9, 2017.+===== Joint Report =====
  
-===== Alternative Dispute Resolution ===== +A week before the conference (May 2), the two sides filed a joint report, required by the judge, that proposed several months of discovery and motions, as well a plan for alternative dispute resolution, before the January 2017 trial.
- +
-At the same time, the parties responded to [[judge_r._gary_klausner|Judge R. Gary Klausner]]'s [[scheduling_conference|March 4 order]] that the attorneys explore one of several [[scheduling_conference#alternative dispute resolution|alternative dispute resolutions]] as a means to avoid going to the time and expense of trial.+
  
 <WRAP right box 50%> <WRAP right box 50%>
-//**__The parties don't plan to add other parties, squelching (for now) speculation about which Doe defendants might have been named.__**// — //Joint Report by Plaintiffs and Defense//+//**__The parties don't plan to add other parties, squelching (for now) speculation about which Doe defendants might have been named.__**//
 </WRAP> </WRAP>
- 
-According to their joint request, the plaintiffs and defendants selected the first option Klausner presented them: Settlement proceedings overseen by a federal magistrate, [[https://www.cacd.uscourts.gov/judges-requirements/court-programs/judge-charles-f-eick|Judge Charles F. Eick]]. 
- 
-Eick has considered other copyright cases, most recently a 2014 case involving a James Bond Knockoff, a 2013 case in which the frontman for the rock band Lights Over Paris was charged with fraud, and threw out a lawsuit brought by a former production assistant for director Oliver Stone who alleged the Walt Disney Co. and ABC had stolen ideas from her screenplay for the show //Ugly Betty//.(([[http://www.law360.com/judges/magistrate-judge-charles-f-eick|Law 360 summary of Magistrate Judge Charles F. Eick]], retrieved 5/3/16.)) 
- 
-The parties' request for the talks before Eick still require approval by Judge Klausner. 
-===== Joint Report ===== 
  
 The joint report submitted by the attorneys noted the parties met on April 18, 2016, to confer on the discovery plan, trial schedule and alternative dispute resolution. The joint report submitted by the attorneys noted the parties met on April 18, 2016, to confer on the discovery plan, trial schedule and alternative dispute resolution.
  
-The joint report mostly re-states what both parties have previously filed in the [[summary_of_the_lawsuit|legal complaint]] and [[motion to dismiss|motions to dismiss]], which is still pending a May 9, 2016, hearing before Judge Klausner.+The joint report mostly re-states what both parties have previously filed in the [[summary_of_the_lawsuit|legal complaint]] and [[motion to dismiss|motions to dismiss]]. Judge Klausner [[dismissal_denied|denied the dismissal motion]] on May 9.
  
 ==== Claims and Defense ==== ==== Claims and Defense ====
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   * Alleged damages.   * Alleged damages.
  
-Notably, the defense also plans to call witnesses to support its fair use defense.+Notably, Axanar's attorneys also plan to call witnesses specifically to support its fair use defense.
  
 ===== Proposed Trial Schedule ===== ===== Proposed Trial Schedule =====
  
-The joint report outlined the following schedule for pretrial activities leading up to a trial scheduled to begin in a year.+The joint report outlined a schedule for pretrial activities leading up to a trial originally scheduled to begin in spring 2017. However, following the May 9, 2016, [[scheduling conference]], a January 31, 2017, trial date was set, which changed the pre-trial dates to those set below. The schedule will be updated as it changes in the [[anatomy_of_the_case|timeline of the case]].
  
 ^ Date ^ Scheduled Event | ^ Date ^ Scheduled Event |
-| 6/8/16 | Last day to add parties | +| 5/25/16 | Last day to add parties | 
-| 10/28/16 | Fact discovery cut-off | +| 11/2/16 | Fact discovery cut-off | 
-| 11/18/16 | Initial expert disclosures | +| 11/16/16 | Motion cut-off | 
-| 12/16/16 | Rebuttal expert disclosures | +| 12/16/16 | Objections to admitting evidence | 
-| 1/27/17 | Expert discovery cut-off | +| 1/4/17 | Expert witness disclosure | 
-| 2/13/17 | Motions due | +| 1/9/17 | Final Pre-Trial Conference | 
-| 4/24/17 | Final Pre-Trial Conference | +| 1/31/17 | Trial Begins* |
-| 5/9/17 | Trial Begins* |+
 | * <wrap lo>//Expected to last up to 15 days, with each side calling at least five witnesses.//</wrap> || | * <wrap lo>//Expected to last up to 15 days, with each side calling at least five witnesses.//</wrap> ||
 +
 +==== Alternative Dispute Resolution ====
 +
 +At the same time, the parties responded to [[judge_r._gary_klausner|Judge R. Gary Klausner]]'s [[scheduling_conference|March 4 order]] that the attorneys explore one of several [[scheduling_conference#alternative dispute resolution|alternative dispute resolutions]] as a means to avoid going to the time and expense of trial.
 +
 +According to their joint request, the plaintiffs and defendants selected the first option Klausner presented them: Settlement proceedings overseen by a federal magistrate, [[federal_magistrate_judge_charles_f._eick|Judge Charles F. Eick]].
 +
 +Eick has considered other copyright cases, most recently a 2014 case involving a James Bond Knockoff, a 2013 case in which the frontman for the rock band Lights Over Paris was charged with fraud, and threw out a lawsuit brought by a former production assistant for director Oliver Stone who alleged the Walt Disney Co. and ABC had stolen ideas from her screenplay for the show //Ugly Betty//.(([[http://www.law360.com/judges/magistrate-judge-charles-f-eick|Law 360 summary of Magistrate Judge Charles F. Eick]], retrieved 5/3/16.)) {{:axamonitor-ico.gif?nolink|}}
 +
 +----
 +**Keywords** {{tag>lawsuit plaintiffs defense}}