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—scheduling_conference [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 +{{::gavel-cropped.jpg|}}
 +====== Scheduling Conference ======
 +{{TOC}}
 +{{page>understanding}}
  
 +On March 4, 2016, federal [[Judge R. Gary Klausner]] issued a [[discovery#scheduling conference|standard pre-trial order]] setting a **scheduling conference** on May 9, at which the two sides must agree on a plan for [[discovery]], and also explore one of several alternative dispute resolutions as a means to avoid going to the time and expense of trial.
 +{{page>status}}
 +
 +Both sides submitted initial [[discovery#discovery plan|discovery plans]] as part of the May 2 [[joint statement]] ordered by Klausner ahead of the scheduling conference, where the defense's pending motion to dismiss the case is also to be heard. 
 +
 +According to attorney Janet Gershen-Siegel, one of the hosts of the popular Star Trek podcast, [[http://thegantshow.com|The G&T Show]], the order(({{::031123048904-march4-ordersettingschedulingconference.pdf|Judge's Order Setting Scheduling Conference}})) calls for:
 +  * Filing a [[joint statement]] to the court including "a brief factual summary of the case, including the claims being asserted." The statement as filed also proposes a schedule leading up to a May 9, 2017, trial.
 +  * Plaintiffs "to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date." While that includes, potentially, the as-yet-unnamed [[does|Doe defendants]], the May 2 joint statement states no additional parties are planned to be added to the suit, though both sides have until June 8 to add any.
 +  * While the notice to appear might also have included additional plaintiffs if they have an ownership interest in the alleged copyrights,(([[http://www.trekbbs.com/threads/cbs-paramount-sues-to-stop-axanar.278077/page-539#post-11493582|Janet Gershen-Siegel, TrekBBS post]], 3/5/16.)) none were included in the joint statement.
 +===== What Happens at the Conference =====
 +
 +Gershen-Siegel says the schedule conference serves two purposes: "to schedule and hammer out discovery," and to see if the case can be resolved short of trial.(([[http://www.trekbbs.com/threads/cbs-paramount-sues-to-stop-axanar.278077/page-539#post-11493582|Janet Gershen-Siegel, TrekBBS post]], 3/5/16.)) 
 +
 +According to Cornell University's Legal Information Institute,(([[https://www.law.cornell.edu/rules/frcp/rule_16|Rule 16. Pretrial Conferences; Scheduling; Management]], retrieved 3/6/16.)) at any pretrial conference, the court may consider:
 +
 +[{{ ::conference-room.jpg?300|**A PRE-TRIAL** conference may be where the terms of the Axanar copyright lawsuit are hashed out.}}]
 +
 +  * Simplifying the issues, and eliminating frivolous claims or defenses.
 +  * Amending the pleadings.
 +  * Obtaining admissions and stipulations about facts and documents, and ruling on admissibility of evidence.
 +  * Avoiding unnecessary proof and cumulative evidence, and limiting the use of certain testimony.
 +  * Determining the appropriateness and timing of summary adjudication.
 +  * Controlling and scheduling discovery.
 +  * Identifying witnesses and documents, scheduling filing and exchange of pretrial briefs, and setting dates for further conferences and for trial.
 +  * Referring matters to a magistrate judge or a master (an authority appointed by the judge to make sure his orders are actually followed. They are often employed in complex civil actions where their expertise is needed to assist the court).(([[http://definitions.uslegal.com/s/special-master/|U.S. Legal.com: "Special Master Law & Legal Definition,"]] retrieved 3/6/16.))
 +  * Settling the case and using special procedures to assist in resolving the dispute.
 +  * Determining the form and content of a pretrial order.
 +  * Disposing of [[motion to dismiss|pending motions]].
 +  * Adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems.
 +  * Ordering a separate trial of a claim, counterclaim, crossclaim, third-party claim, or particular issue. 
 +  * Ordering presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law or a judgment on partial findings.
 +  * Establishing a reasonable limit on the time allowed to present evidence.
 +  * Facilitating other ways to bring just, speedy, and inexpensive resolution of the suit.
 +
 +===== Alternative Dispute Resolution =====
 +<wrap lo>//See also: [[wp>Alternative dispute resolution]]//</wrap>
 +
 +The judge's order also directs both sides to explore possible avenues for alternative dispute resolution, in order to avoid the time and expense of moving to trial. There are three possible types of alternative dispute resolution the judge is requiring the parties examine:
 +  - District or magistrate judge is assigned to the case for such settlement proceedings.
 +  - A neutral mediator chosen from the court’s mediation panel.
 +  - Private mediation.(([[http://www.trekbbs.com/threads/cbs-paramount-sues-to-stop-axanar.278077/page-539#post-11493582|Janet Gershen-Siegel, TrekBBS post]], 3/5/16.))
 +
 +Gershen-Siegel explains why mediation is often recommended:
 +
 +> The advantages to mediation are: it's cheaper and faster. The disadvantages are: no jury trial, and it really doesn't set a precedent.(([[http://www.trekbbs.com/threads/cbs-paramount-sues-to-stop-axanar.278077/page-539#post-11493582|Janet Gershen-Siegel, TrekBBS post]], 3/5/16.))
 +
 +----
 +**Keywords** {{tag>players lawsuit defendants plaintiffs}}