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missing_emails [2016/10/28 06:31] – [The Shill] adds primer link Carlos Pedrazamissing_emails [2018/02/10 20:31] (current) – [The Shill] Carlos Pedraza
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-====== Plaintiffs: Peters Withheld Maybe Thousands of Emails ======+====== Plaintiffs: Peters Withheld Trove of Email ======
  
-//**Defense Resists Releasing Axanar's 'Embarrassing' Records of Spending Donations**//+//**Defense Resists Releasing Axanar's 'Embarrassing' Records of Spending Donor Funds**//
  
 {{TOC}} {{TOC}}
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-<wrap lo>//**__ __**// By [[user>cpedraza|Carlos Pedraza]]</wrap>+<wrap lo>//**__ __**// **By [[user>cpedraza|Carlos Pedraza]]**</wrap>
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 In a 19-page request to federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles Eick]], the studios' attorney, Jennifer Jason, also asked Eick to remove the "highly confidential" designation of Axanar's financial summary after the defense argued that "public disclosure of the ways in which Mr. Peters spent funds from Star Trek fans could cause embarrassment for [him]."((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 7, 10/27/16.)) In a 19-page request to federal magistrate [[federal_magistrate_judge_charles_f._eick|Charles Eick]], the studios' attorney, Jennifer Jason, also asked Eick to remove the "highly confidential" designation of Axanar's financial summary after the defense argued that "public disclosure of the ways in which Mr. Peters spent funds from Star Trek fans could cause embarrassment for [him]."((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 7, 10/27/16.))
 +
 +<wrap lo>//See also: [[axanar_financials|Court Grants Studios' Request for Axanar Financials, Defense Opposes Motion]]//</wrap>
  
 Following Peters' disclosure in his own October 19 deposition, the plaintiffs also sought a log of privileged communications between Peters and his former legal counsel prior to the filing of the copyright infringement lawsuit in December 2015, about which current attorney, Erin Ranahan, had previously stated, "We are not withholding anything from before the lawsuit was filed as privileged."((Email from Erin Ranahan to David Grossman, 9/26/16.)) Following Peters' disclosure in his own October 19 deposition, the plaintiffs also sought a log of privileged communications between Peters and his former legal counsel prior to the filing of the copyright infringement lawsuit in December 2015, about which current attorney, Erin Ranahan, had previously stated, "We are not withholding anything from before the lawsuit was filed as privileged."((Email from Erin Ranahan to David Grossman, 9/26/16.))
  
 <WRAP right round download 50%> <WRAP right round download 50%>
-<wrap lo>**DOWNLOAD** CBS and Paramount's [[https://drive.google.com/open?id=0BzmetJxi-p0VdlNXVWFlTVlqSm8|request for a court order (PDF)]] responding to revelations Axanar producer Alec Peters and director Robert Burnett withheld hundreds of emails, texts and social media postings.</wrap>+<wrap lo>**DOWNLOAD** CBS and Paramount's [[https://drive.google.com/open?id=0BzmetJxi-p0VdlNXVWFlTVlqSm8|request for a court order (PDF)]] responding to revelations Axanar producer Alec Peters and director Robert Burnett withheld hundreds of emails, texts and social media postings. All the related exhibits and pleadings are in our [[driv>0BzmetJxi-p0VZUJaQ2ZOYVZCQVk#list|legal document repository]].</wrap>
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-The court filings confirmed **AxaMonitor**'s [[#Revving Up the Spin Machine|report]] earlier in the week that, despite winning a court order compelling plaintiffs to provide records, the defendants had run into their won discovery trouble, particularly with emails.+The court filings confirmed **AxaMonitor**'s [[#Revving Up the Spin Machine|report]] earlier in the week that, despite winning a court order compelling plaintiffs to provide records, the defendants had run into their own discovery trouble, particularly with emails. 
 + 
 +In a related development, an exhibit in the filing had Ranahan publicly confirming that Star Trek producer J.J. Abrams and director Justin Lin were scheduled to be deposed in the case after they [[discovery_order#jj_abrams_and_justin_lin|got involved]] in the case several months before. 
 + 
 +**AxaMonitor** unsuccessfully attempted to contact Axanar's spokesman for comment on the allegations late Thursday night. 
 + 
 +[{{ :abrams-lin.jpg?nolink&300|**DEPOSITIONS** were scheduled for Star Trek producer J.J. Abrams and director Justin Lin after they got involved in the Axanar case.}}] 
 ===== Discovering the Missing Emails ===== ===== Discovering the Missing Emails =====
  
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 > Axanar turned over pretty much everything the plaintiffs wanted … 31,000 pages of emails and documents.  And that was probably enough to make the studios happy, as they did not request any additional documentation.((Jonathan Lane, [[http://fanfilmfactor.com/2016/10/25/axanar-lawsuit-discovery-ruling-what-does-it-all-mean-part-3/|"Axanar lawsuit discovery ruling – what does it all mean? (Part 3)," Fan Film Factor]] blog, 10/25/16.)) > Axanar turned over pretty much everything the plaintiffs wanted … 31,000 pages of emails and documents.  And that was probably enough to make the studios happy, as they did not request any additional documentation.((Jonathan Lane, [[http://fanfilmfactor.com/2016/10/25/axanar-lawsuit-discovery-ruling-what-does-it-all-mean-part-3/|"Axanar lawsuit discovery ruling – what does it all mean? (Part 3)," Fan Film Factor]] blog, 10/25/16.))
  
-An October 26 email from Grossman to Ranahan made it clear the studios were far from happy, since those 31,000 records apparently did not the hundreds of emails about the production of the Axanar works that were revealed in Gossett's deposition.+An October 26 email from Grossman to Ranahan made it clear the studios were far from happy, since those 31,000 records apparently did not include the hundreds of emails about the production of the Axanar works that were revealed in Gossett's deposition.
  
 ===== Financial Disclosure ===== ===== Financial Disclosure =====
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 ==== The Need for Financial Records ==== ==== The Need for Financial Records ====
  
-Faced with the waning days of the court-designated period for discovery, the plaintiffs argued that their case would be harmed if they couldn't discuss Axanar's finances with two upcoming deposition witnesses, one of whom was former chief technologist [[Terry McIntosh]], now a vocal Axanar critic.+Faced with the waning days of the court-designated period for discovery, the plaintiffs argued that their case would be harmed if they couldn't discuss Axanar's finances with two upcoming unnamed deposition witnesses.
  
 > There are two remaining depositions in this matter, and Plaintiffs will be prejudiced if they are not able to provide this financial summary to actual and potential witnesses, as this document evidences the nature of Mr. Peters’ Star Trek production, which he has (in this lawsuit) mischaracterized as a “fan film” and a non-commercial enterprise.((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 12, 10/27/16.)) > There are two remaining depositions in this matter, and Plaintiffs will be prejudiced if they are not able to provide this financial summary to actual and potential witnesses, as this document evidences the nature of Mr. Peters’ Star Trek production, which he has (in this lawsuit) mischaracterized as a “fan film” and a non-commercial enterprise.((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 12, 10/27/16.))
- 
-McIntosh was scheduled to be deposed October 28 in Seattle. 
  
 === 'Transparent and Accountable' === === 'Transparent and Accountable' ===
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 Jason's third request of the court was for a privilege log, a list of records the defense claimed are protected from disclosure by attorney-client privilege. Despite Ranahan's earlier statement to the studios' attorney that there were no privileged communications between Peters and legal counsel prior to the lawsuit, Peters confirmed in his deposition that he had, in fact, engaged and paid counsel in that time period. That was confirmed by Gossett in his deposition: Jason's third request of the court was for a privilege log, a list of records the defense claimed are protected from disclosure by attorney-client privilege. Despite Ranahan's earlier statement to the studios' attorney that there were no privileged communications between Peters and legal counsel prior to the lawsuit, Peters confirmed in his deposition that he had, in fact, engaged and paid counsel in that time period. That was confirmed by Gossett in his deposition:
  
-> Mr. Gossett testified regarding documents that he produced (and Mr. Peters did not produce) showing that Mr. Peters had engaged counsel … to prepare agreements relating to the films, and other legal documents. … After [Ranahan's] statement that no privilege communications existed prior to the filing of this lawsuit was proven incorrect, Plaintiffs requested that a privilege log be provided.((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 13, 10/27/16.))+> Mr. Gossett testified regarding documents that he produced (and Mr. Peters did not produce) showing that Mr. Peters had engaged counsel … to prepare agreements relating to the films, and other legal documents. … After [Ranahan's] statement that no privileged communications existed prior to the filing of this lawsuit was proven incorrect, Plaintiffs requested that a privilege log be provided.((Plaintiffs' Ex Parte Application for Order, Memorandum of Points and Authorities, p. 13, 10/27/16.))
  
 ===== Revving Up the Spin Machine ===== ===== Revving Up the Spin Machine =====
  
-Based on a tip from a source who spoke only on condition of anonymity, **AxaMonitor** had reported Axanar's emerging discovery trouble in a tweet. Within a day, talking points were prepared and dispersed, starting with Peters' favored blog for lawsuit news, Fan Film Factor, where Lane tried to address "the growing rumor that Alec Peters hadn’t turned over all his e-mails in discovery," asking an anonymous lawyer "if that were something big and problematic."((Jonathan Lane comment, [[http://fanfilmfactor.com/2016/10/21/breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/#comment-1256|"+Based on a tip from a source who spoke only on condition of anonymity, **AxaMonitor** had reported Axanar's emerging discovery trouble in a tweet. Within a day, talking points were prepared and dispersed, starting with Peters' favored blog for lawsuit news, Fan Film Factor, where blogger Jonathan Lane tried to address "the growing rumor that Alec Peters hadn’t turned over all his e-mails in discovery," asking an anonymous lawyer "if that were something big and problematic."((Jonathan Lane comment, [[http://fanfilmfactor.com/2016/10/21/breaking-news-magistrate-judge-rules-in-axanars-favor-regarding-discovery/#comment-1256|"
 Breaking news!!! Magistrate Judge rules in AXANAR’s favor regarding discovery!", Fan Film Factor]] blog, 10/25/16.)) Breaking news!!! Magistrate Judge rules in AXANAR’s favor regarding discovery!", Fan Film Factor]] blog, 10/25/16.))
  
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 >  I was in the courtroom. Carlos wasn’t.  🙂 … I’ve been asked about this ridiculous rumor for the past two days by half a dozen people. … To me the REAL big story here is asking where Carlos Pedraza is getting his inside information from. There were EIGHT people in that courtroom on Friday: me, Erin Rahanan and Kelly Oki from Winston & Strawn, Jonathan Zavin and David Grossman from Loeb & Loeb, the judge, the clerk, and the court stenographer. \\ \\ I’m pretty sure the last three didn’t run and tell Carlos what was said during the hearing. I know that I didn’t tell him. I’m pretty sure Erin and Kelly didn’t tell him because, honestly, they don’t even tell ME jack shat! (And trust me, I’ve been trying!!!) So that leaves the Loeb & Loeb attorneys. I’m not sure which of them (or both) is feeding Carlos information about the case to disseminate to the masses, but the reason why is obvious: the studios need to find a way to drum up some support and sympathy from the fans. Carlos is a PR vehicle for them.((Jonathan Lane comment, [[http://fanfilmfactor.com/2016/10/23/axanar-lawsuit-discovery-ruling-what-does-it-all-mean-part-1/#comment-1248|"Axanar lawsuit discovery ruling – what does it all mean? (Part 1)," Fan Film Factor]], blog, 10/25/16.)) >  I was in the courtroom. Carlos wasn’t.  🙂 … I’ve been asked about this ridiculous rumor for the past two days by half a dozen people. … To me the REAL big story here is asking where Carlos Pedraza is getting his inside information from. There were EIGHT people in that courtroom on Friday: me, Erin Rahanan and Kelly Oki from Winston & Strawn, Jonathan Zavin and David Grossman from Loeb & Loeb, the judge, the clerk, and the court stenographer. \\ \\ I’m pretty sure the last three didn’t run and tell Carlos what was said during the hearing. I know that I didn’t tell him. I’m pretty sure Erin and Kelly didn’t tell him because, honestly, they don’t even tell ME jack shat! (And trust me, I’ve been trying!!!) So that leaves the Loeb & Loeb attorneys. I’m not sure which of them (or both) is feeding Carlos information about the case to disseminate to the masses, but the reason why is obvious: the studios need to find a way to drum up some support and sympathy from the fans. Carlos is a PR vehicle for them.((Jonathan Lane comment, [[http://fanfilmfactor.com/2016/10/23/axanar-lawsuit-discovery-ruling-what-does-it-all-mean-part-1/#comment-1248|"Axanar lawsuit discovery ruling – what does it all mean? (Part 1)," Fan Film Factor]], blog, 10/25/16.))
  
-Loeb attorneys have not responded to **AxaMonitor**'s repeated requests for interviews, just as Winston's have not; Editor Carlos Pedraza has no relationship with any of the attorneys. We got our information the old-fashioned way:  feet-on-the-beat reporting. {{:axamonitor-ico.gif?nolink|}}+Loeb attorneys have not responded to **AxaMonitor**'s repeated requests for interviews, just as Winston's have not; Editor Carlos Pedraza has no relationship with any of the attorneys. **AxaMonitor** obtained its information the old-fashioned way:  feet-on-the-beat reporting. {{:axamonitor-ico.gif?nolink|}}
  
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 **Keywords** {{tag>parties defendants plaintiffs defense lawsuit}} **Keywords** {{tag>parties defendants plaintiffs defense lawsuit}}