On March 4, 2016, federal Judge R. Gary Klausner issued a standard pre-trial order setting a scheduling conference on May 9, at which the two sides must agree on a plan for {!discovery:pre-trial process for gathering evidence in a legal case}}, and agree on one of several possible alternative dispute resolutions as a means to avoid going to the time and expense of trial.

Discovery plans are due on April 18, three weeks before the scheduling conference. It is unclear how the order affects the pending motion to dismiss the case that was filed by the defense. Presumably, CBS and Paramount’s attorneys are still scheduled to submit an amended complaint in the wake of the dismissal motion.

According to attorney Janet Gershen-Siegel, one of the hosts of the popular Star Trek podcast, The G&T Show, the order¹⁾ calls for:

• Filing a joint statement to the court no later than April 25 that includes “a brief factual summary of the case, including the claims being asserted.”
• Plaintiffs “to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date.” That includes, potentially, the as-yet-unnamed Doe defendants.
• The notice to appear may also include additional plaintiffs if they have an ownership interest in the alleged copyrights.²⁾

See also: Alternative dispute resolution

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:

1. District or magistrate judge is assigned to the case for such settlement proceedings.
2. A neutral mediator chosen from the court’s mediation panel.
3. Private mediation.³⁾

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.⁴⁾

The advantages to mediation are: it’s cheaper and faster. The disadvantages are: no jury trial, and it really doesn’t set a precedent.⁵⁾

Keywords