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order_fact_check [2016/10/31 22:10] – edit to clarify Carlos Pedrazaorder_fact_check [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 <wrap lo><wrap lo>//Photo/Daniel Lobo//</wrap></wrap> <wrap lo><wrap lo>//Photo/Daniel Lobo//</wrap></wrap>
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-====== Fact-Checking Axanar's Ex Parte Victory ====== 
 {{TOC}} {{TOC}}
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-//**__ __**// <wrap lo>By [[user>cpedraza|Carlos Pedraza]]</wrap>+//**__<wrap em>Fact Check</wrap>__**//
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 +====== Was Ex Parte Ruling an Axanar Victory? ======
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 +<wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
  
 Right after a federal magistrate issued an October 31, 2016, ruling ostensibly denying CBS and Paramount's ex parte motion, Axanar producer [[Alec Peters]] was quick to declare victory, but it may not have been as complete as he portrayed.  Right after a federal magistrate issued an October 31, 2016, ruling ostensibly denying CBS and Paramount's ex parte motion, Axanar producer [[Alec Peters]] was quick to declare victory, but it may not have been as complete as he portrayed. 
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 <wrap lo>//See also: [[emergency_motion|Court Orders Peters Deposition, Other Plaintiff Requests]]//</wrap> <wrap lo>//See also: [[emergency_motion|Court Orders Peters Deposition, Other Plaintiff Requests]]//</wrap>
  
-Shortly after the ruling, Peters tweeted from the Axanar account:+The magistrate's ruling explains it officially denied the motion but still granted a number of specific items — which happened to be the three most important sought by the plaintiffs. Still, shortly after the ruling, Peters tweeted from the Axanar account:
  
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   - No restrictions on what Peters could be asked.   - No restrictions on what Peters could be asked.
  
-The win described by Peters neatly fails to mention that the whole reason for the additional deposition was his initial failure to disclose the hundreds of pages of his emails Gossett had turned over to the plaintiffs on October 22. According to Ranahan's opposition, another hundred emails were turned over six days later. It isn't known if they are the same emails.+The win described by Peters neatly fails to mention that the whole reason for the additional deposition was his initial failure to disclose the hundreds of pages of his emails Gossett had turned over to the plaintiffs on October 22. According to Ranahan's opposition, another hundred emails were turned over six days later. It wasn't known if they are the same emails.
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   * **Financial "Summary"**. In its October 27 emergency (ex parte) motion, the plaintiffs described the document this way:   * **Financial "Summary"**. In its October 27 emergency (ex parte) motion, the plaintiffs described the document this way:
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-> "[It is] the only document Mr. Peters has turned over relating to the expenditure of the $1.4 million he raised from Star Trek fans to create //Star Trek: Axanar// is a financial summary prepared by his accountant. … This document shows the amounts and dates on which Mr. Peters paid himself and his colleagues, and paid for his personal expenses with funds from Star Trek fans."((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, p. 2, 10/27/16.))+> The only document Mr. Peters has turned over relating to the expenditure of the $1.4 million he raised from Star Trek fans to create //Star Trek: Axanar// is a financial summary prepared by his accountant. … This document shows the amounts and dates on which Mr. Peters paid himself and his colleagues, and paid for his personal expenses with funds from Star Trek fans.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, p. 2, 10/27/16.))
  
 The judge's October 31 order appears to apply to this document since it was the one described in the ex parte motion, and it was the one in Eick's October 28 order approving the plaintiffs' request to file the financial summary with the court under seal (i.e., not available to the general public).((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.)) The judge's October 31 order appears to apply to this document since it was the one described in the ex parte motion, and it was the one in Eick's October 28 order approving the plaintiffs' request to file the financial summary with the court under seal (i.e., not available to the general public).((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.))
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 > The financials are complete and have been reviewed by an accountant and show me not having taken one dollar from Axanar over the TWO AND A HALF YEARS I have worked full time on this project. Every dollar donated is accounted for.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14809457#comment-14809456|Alec Peters comment, Star Trek Axanar Kickstarter]], 10/29/16.)) > The financials are complete and have been reviewed by an accountant and show me not having taken one dollar from Axanar over the TWO AND A HALF YEARS I have worked full time on this project. Every dollar donated is accounted for.(([[https://www.kickstarter.com/projects/194429923/star-trek-axanar/comments?cursor=14809457#comment-14809456|Alec Peters comment, Star Trek Axanar Kickstarter]], 10/29/16.))
  
-  * **Preliminary Quicken Notes**. In her opposition brief Ranahan described the earlier records named in the ex parte motion not  as "certain highly sensitive financial information consisting of thousands of pages of Alec Peters’ Quicken financial notes … not prepared by an accountant."((Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Order, pp. 6-7, 10/28/16.)) \\ \\+  * **Preliminary Quicken Notes**. In her opposition brief Ranahan described the earlier records named in the ex parte motion as "certain highly sensitive financial information consisting of thousands of pages of Alec Peters’ Quicken financial notes … not prepared by an accountant."((Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Order, pp. 6-7, 10/28/16.)) \\ \\
   * **Revised Quicken Notes**. The defense appeared to have handed over a new set of documents, described as "a revised version of Mr. Peters' Quicken notes" on October 28. Both it and the revised records, thanks to the judge's order, were now available for the plaintiffs to use in depositions with looser restrictions.   * **Revised Quicken Notes**. The defense appeared to have handed over a new set of documents, described as "a revised version of Mr. Peters' Quicken notes" on October 28. Both it and the revised records, thanks to the judge's order, were now available for the plaintiffs to use in depositions with looser restrictions.
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 ===== Privilege Log ===== ===== Privilege Log =====
  
-CBS and Paramount had sought a log of communications Peters had had with lawyers after he revealed in his earlier deposition that he had consulted counsel prior to the copyright lawsuit. Studio attorney David Grossman, who said he had been led by Ranahan to believe there had been no such communication.+CBS and Paramount had sought a log of communications Peters had had with lawyers after he revealed in his earlier deposition that he had consulted counsel prior to the copyright lawsuit. Studio attorney David Grossman, said he had been led by Ranahan to believe there had been no such communication.
  
 She denied that in her opposition motion, and asserted the studios' attorneys were merely playing "[[axanar_financials#tit for tat]]" after the defense had won a ruling ordering the plaintiffs to produce a similar log themselves. She denied that in her opposition motion, and asserted the studios' attorneys were merely playing "[[axanar_financials#tit for tat]]" after the defense had won a ruling ordering the plaintiffs to produce a similar log themselves.