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mcintosh_subpoena [2016/09/03 02:15] – created Carlos Pedrazamcintosh_subpoena [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 ====== Former Axanar Officer Served with Subpoena ====== ====== Former Axanar Officer Served with Subpoena ======
 {{TOC}} {{TOC}}
 +
 +<WRAP>
 +//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +</WRAP>
 +
 +<wrap lo>//See also: [[gossett-subpoena|‘Prelude’ Director's Deposition Postponed]]//</wrap>
  
 Axanar's former chief technologist, **Terry McIntosh**, was served with a subpoena on Friday, September 2, 2016, on behalf of the plaintiffs, [[cbs|CBS]] and [[Paramount Pictures]], in their [[copyright infringement]] [[lawsuit]] against the fan production and its leader, [[Alec Peters]]. Axanar's former chief technologist, **Terry McIntosh**, was served with a subpoena on Friday, September 2, 2016, on behalf of the plaintiffs, [[cbs|CBS]] and [[Paramount Pictures]], in their [[copyright infringement]] [[lawsuit]] against the fan production and its leader, [[Alec Peters]].
  
 "Was just served with a deposition subpoena for Axanar," McIntosh announced on [[face>groups/CBSvsAxanar/permalink/1296034653741235/|Facebook]], adding that he was unwilling to travel at his own expense, nor lose time from his job, to respond to the plaintiffs' summons: "Was just served with a deposition subpoena for Axanar," McIntosh announced on [[face>groups/CBSvsAxanar/permalink/1296034653741235/|Facebook]], adding that he was unwilling to travel at his own expense, nor lose time from his job, to respond to the plaintiffs' summons:
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-[{{ :terry-headshot.jpg?nolink&200|Former Axanar chief technologist **Terry McIntosh**.}}] 
  
 >  I'm not travelling across several states and paying for hotel and car at my expense. That's non-negotiable. I'll call them on Monday and see if they want my participation or not... if they're smart they'll choose the willing witness route and not an adversarial route.(([[face>groups/CBSvsAxanar/permalink/1296034653741235/?comment_id=1296042767073757&reply_comment_id=1296045743740126&comment_tracking=%7B%22tn%22%3A%22R9%22%7D|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/2/16.)) >  I'm not travelling across several states and paying for hotel and car at my expense. That's non-negotiable. I'll call them on Monday and see if they want my participation or not... if they're smart they'll choose the willing witness route and not an adversarial route.(([[face>groups/CBSvsAxanar/permalink/1296034653741235/?comment_id=1296042767073757&reply_comment_id=1296045743740126&comment_tracking=%7B%22tn%22%3A%22R9%22%7D|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/2/16.))
  
-Indeed, the Federal Rules of Civil Procedure state a person served with a subpoena cannot be compelled to appear at a deposition if it takes place further than 100 miles of where he or she resides, is employed, or regularly transacts business in person.(([[https://www.law.cornell.edu/rules/frcp/rule_45|Rule 45, Subpoena, Federal Rules of Civil Procedure]], Legal Information Institute, Cornell University Law School, retrieved 9/2/16.))+<WRAP round important> 
 +<wrap lo>**<wrap em>UPDATE</wrap> on McIntosh's Deposition** \\ 
 +{{ :terry-headshot.jpg?nolink&100|**Terry McIntosh**.}} 
 +Former Axanar CTO Terry McIntosh said he requested his deposition date be rescheduled again to October 28 in Seattle: "Since I’m rather looking forward to participating in the process, and have already collected the majority of the requested materials that I’ll be submitting for review — over 3TB worth, so far, and I’m still gathering — this makes things more manageable." 
 +(([[face>groups/CBSvsAxanar/permalink/1326765640668136/|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 10/7/16.))</wrap></WRAP>
  
 +Indeed, the Federal Rules of Civil Procedure state a person served with a subpoena cannot be compelled to appear at a deposition if it takes place further than 100 miles from where he or she resides, is employed, or regularly transacts business in person.(([[https://www.law.cornell.edu/rules/frcp/rule_45|Rule 45, Subpoena, Federal Rules of Civil Procedure]], Legal Information Institute, Cornell University Law School, retrieved 9/2/16.))
 ===== Terms of the Subpoena ===== ===== Terms of the Subpoena =====
  
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 McIntosh himself is entitled (but not required) to be represented by counsel at the deposition, most likely to help him avoid making any self-incriminating statements. McIntosh himself is entitled (but not required) to be represented by counsel at the deposition, most likely to help him avoid making any self-incriminating statements.
  
-[{{ ::michael-spatola-150x150.jpg|**MAKEUP ARTIST** Michael Spatola is among the creative contributors to //Axanar// in whom CBS and Paramount's subpoena demonstrates interest. //Photo: Cinema Makeup School//}}]+[{{ ::michael-spatola-150x150.jpg|**MAKEUP ARTIST** Michael Spatola is among the creative contributors to //Axanar// in whom CBS and Paramount's subpoena demonstrates interest. //Photo/Cinema Makeup School//}}]
  
 Since his resignation, McIntosh has emerged as a vocal critic of Axanar, disclosing communications with Peters that, among other things, indicated that Axanar has [[axanar_finances|run out of cash]]. For their part, Axanar surrogates have claimed that [[axanar_finances#accusations_of_theft_extortion|McIntosh extorted]] the production company by stealing data it needed for [[ares_digital_update|shipping to its donors]] and customers of its online Donors' Store. Since his resignation, McIntosh has emerged as a vocal critic of Axanar, disclosing communications with Peters that, among other things, indicated that Axanar has [[axanar_finances|run out of cash]]. For their part, Axanar surrogates have claimed that [[axanar_finances#accusations_of_theft_extortion|McIntosh extorted]] the production company by stealing data it needed for [[ares_digital_update|shipping to its donors]] and customers of its online Donors' Store.
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   * **[[imdb>name/nm2181325/|Alexander Bornstein]]**, composer of the score for //Prelude to Axanar//, the CD for which is sold in Axanar's Donor Store.   * **[[imdb>name/nm2181325/|Alexander Bornstein]]**, composer of the score for //Prelude to Axanar//, the CD for which is sold in Axanar's Donor Store.
   * **[[imdb>name/nm3729709/|Bing Bailey]]**,  digital imaging technician and colorist for //Prelude to Axanar//.   * **[[imdb>name/nm3729709/|Bing Bailey]]**,  digital imaging technician and colorist for //Prelude to Axanar//.
-  * **Diana Kingsbury**, associate producer and fulfillment director (responsible for shipping Axanar [[merchandise]]).+  * **Diana Kingsbury**, associate producer and fulfillment director ([[perks|responsible for shipping]] Axanar [[merchandise]]).
   * **[[imdb>name/nm0817189/awards|Michael Spatola]]**, makeup artist and head of the [[http://www.cinemamakeup.com/|Cinema Makeup School]]. Peters described him as "a two-time Emmy nominee and a huge Star Trek fan."(([[http://www.axanarproductions.com/captains-log-may-7-2015/|Alec Peters, Captain's Log,]] Axanar Productions website, 5/7/16.)) Spatola was due to head the makeup team on //Axanar//.   * **[[imdb>name/nm0817189/awards|Michael Spatola]]**, makeup artist and head of the [[http://www.cinemamakeup.com/|Cinema Makeup School]]. Peters described him as "a two-time Emmy nominee and a huge Star Trek fan."(([[http://www.axanarproductions.com/captains-log-may-7-2015/|Alec Peters, Captain's Log,]] Axanar Productions website, 5/7/16.)) Spatola was due to head the makeup team on //Axanar//.
   * **[[imdb>name/nm0003952/|Adam Howard]]**, the on-set visual effects supervisor for //Prelude//, and a visual effects artist whose previous work includes //Star Trek: The Next Generation// and a wide variety of TV shows and films, including the Oscar-winning //Birdman//.   * **[[imdb>name/nm0003952/|Adam Howard]]**, the on-set visual effects supervisor for //Prelude//, and a visual effects artist whose previous work includes //Star Trek: The Next Generation// and a wide variety of TV shows and films, including the Oscar-winning //Birdman//.
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 McIntosh said he believed the appearance of those specific names on his subpoena "means they're likely on the subpoena list, too."(([[face>groups/CBSvsAxanar/permalink/1296034653741235/|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/2/16.)) McIntosh said he believed the appearance of those specific names on his subpoena "means they're likely on the subpoena list, too."(([[face>groups/CBSvsAxanar/permalink/1296034653741235/|Terry McIntosh post, CBS/Paramount vs. Axanar Facebook group]], 9/2/16.))
  
-[{{ :locked-script.jpg?300|**THE //AXANAR//** script, once described as locked, is the subject of the studios' allegations of copyright infringement by producer Alec Peters (center) and others, including putative director Robert Burnett (right).}}]+[{{ :locked-script.jpg?300|**THE //AXANAR//** script, once described as locked, is the subject of the studios' allegations of copyright infringement by producer Alec Peters (center) and others, including putative director Robert Burnett (right). Read [[locked_script|our review]].}}]
  
 ==== Infringing Activities ==== ==== Infringing Activities ====