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settlement_conference [2016/11/07 22:12] – [Settlement Conference] updates w/new civil minutes Carlos Pedrazasettlement_conference [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 {{::negotiation.jpg|}} {{::negotiation.jpg|}}
  
-====== Peters: Settlement Depends on Satisfying 'Axanar' Fans ======+====== Axanar Settlement Talks Fizzle, Seeking Summary Judgment ======
  
-//**Another Conference Call Scheduled Thursday, November 10**//+//**Axanar Surrogate Reveals Defense Plans to File Motion**//
  
 {{TOC}} {{TOC}}
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 </WRAP> </WRAP>
  
-Court-mandated negotiations haven't led to a settlement but lawyers for Axanar and the studios suing it for copyright infringement have another round of talks scheduled with a federal magistrate on November 10, 2016, court minutes said.+<wrap lo>//See also: [[summary_judgment|Motions for Summary Judgment]]//</wrap>
  
-The minutes were publicly released November 7, following a statement three days before by producer [[Alec Peters]] that any settlement would have to satisfy donors that some satisfactory form of //Axanar// would eventually be produced.+<wrap em>UPDATED</wrap> Axanar and the studios suing it for infringing on Star Trek's copyrights were unable to reach a settlement before the November 16 cut-off for submitting motions for [[summary judgment]]. 
 + 
 +It became clear the defense planned to submit such a motion, which asks a judge to rule on the case on the merits, avoiding a time and expense of a jury trial. 
 + 
 +That news came from the Fan Film Factor blog, written by Axanar surrogate Jonathan Lane, in which he revealed the defense would seek summary judgment from federal [[judge_r._gary_klausner|Judge R. Gary Klausner]].(([[http://fanfilmfactor.com/2016/11/16/confirmed-axanar-defense-team-will-file-a-motion-for-summary-judgement-later-today/|"Confirmed: Axanar Defense Team Will File a Motion for Summary Judgment Later Today," Fan Film Factor]] blog, Jonathan Lane, 11/16/16.)) 
 + 
 +A settlement didn't appear imminent after a federal magistrate failed to file minutes from a November 14 settlement conference call that was to have taken place. That raised questions about whether the meeting even happened, and if was related to the deadline for filing motions. 
 + 
 +The call two days before the deadline would have been the fourth court-mandated settlement conference between lawyers for Axanar producer [[Alec Peters]] and Star Trek's owners, [[CBS]] and [[paramount_pictures|Paramount Pictures]]. 
 + 
 +After the first meeting, Peters appeared to make non-negotiable a demand that eventual settlement terms had to offer him the opportunity to satisfy donors by producing some form of //Axanar//. 
 + 
 +===== Attending the Meetings =====
  
 [[federal_magistrate_judge_charles_f._eick|Federal magistrate Judge Charles Eick]] led a face-to-face meeting between plaintiffs [[CBS]] and [[paramount_pictures|Paramount]], defendant [[Alec Peters]], and their respective attorneys on October 31.((Civil Minutes, Settlement Conference, Charles F. Eick, United States Magistrate Judge, 10/31/16.)) [[federal_magistrate_judge_charles_f._eick|Federal magistrate Judge Charles Eick]] led a face-to-face meeting between plaintiffs [[CBS]] and [[paramount_pictures|Paramount]], defendant [[Alec Peters]], and their respective attorneys on October 31.((Civil Minutes, Settlement Conference, Charles F. Eick, United States Magistrate Judge, 10/31/16.))
 +
 +[{{ :jonathanzavin2.jpg?200|CBS and Paramount's lead attorney **Jonathan Zavin** attended the settlement conference November 10, his first time participating.}}]
  
 The follow-up November 4 conference call included only Eick and the attorneys for both sides in off-the-record conversations((Civil Minutes, Settlement Conference Call, Charles F. Eick, United States Magistrate Judge, 11/4/16.)) intended to find some way to avoid taking the case through the time and expense of a trial currently scheduled to begin January 31, 2017. The follow-up November 4 conference call included only Eick and the attorneys for both sides in off-the-record conversations((Civil Minutes, Settlement Conference Call, Charles F. Eick, United States Magistrate Judge, 11/4/16.)) intended to find some way to avoid taking the case through the time and expense of a trial currently scheduled to begin January 31, 2017.
 +
 +Lead plaintiffs' attorney [[Jonathan Zavin]] of [[Loeb & Loeb]] was present for the November 10 call — his first attendance in the court-mandated settlement negotiations, joined by Loeb attorney David Grossman, who has authored most of the motions for [[CBS]] and [[paramount_pictures|Paramount]] in the case. [[Erin Ranahan]] represented Axanar.((Civil Minutes, Settlement Conference Call, Charles F. Eick, United States Magistrate Judge, 11/10/16.))
  
 ===== Non-Negotiable Point ===== ===== Non-Negotiable Point =====
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 ===== Settlement Conference ===== ===== Settlement Conference =====
  
-Federal district [[judge_r._gary_klausner|Judge R. Gary Klausner]] directed both sides to work with Eick to explore a settlement in order to avoid the time and expense of moving to trial. The conference is meant to create space for informal discussions between the attorneys, parties, applicable insurance companies and the settlement judge, about any aspect of the lawsuit bearing on its settlement value.+In May, federal district [[judge_r._gary_klausner|Klausner]] directed both sides to work with Eick to explore resolving the case before moving to trial. The conference was meant to create space for informal discussions between the attorneys, parties, applicable insurance companies and the settlement judge, about any aspect of the lawsuit bearing on its settlement value.
  
 <WRAP right round download 50%> <WRAP right round download 50%>
-<wrap lo>**DOWNLOAD** magistrate Judge Eick's [[driv>0BzmetJxi-p0Vb0FTcEY1eHBkWGs|order (PDF)]] for the settlement conference, and minutes for the [[driv>0BzmetJxi-p0VeUVGY2Q0SFZFMzA|first meeting (PDF)]] and follow-up [[driv>0BzmetJxi-p0VcWZpUzFuNWRhNHM|conference call (PDF)]] that he oversaw.</wrap>+<wrap lo>**DOWNLOAD** magistrate Judge Eick's [[driv>0BzmetJxi-p0Vb0FTcEY1eHBkWGs|order (PDF)]] for the settlement conference, minutes for the [[driv>0BzmetJxi-p0VeUVGY2Q0SFZFMzA|first meeting (PDF)]], and the [[driv>0BzmetJxi-p0VcWZpUzFuNWRhNHM|first (PDF)]] and [[driv>0BzmetJxi-p0VeWc3ZjNxby1Ga2c|second (PDF)]] follow-up conference calls that he oversaw.</wrap>
 </WRAP> </WRAP>
 ==== Earlier Discovery Motions ==== ==== Earlier Discovery Motions ====
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 ===== Terms of the Order ===== ===== Terms of the Order =====
  
-Eick's order for the conference required:+Eick's order for the face-to-face meeting required:
  
   * Both sides to have representatives with the legal authority to agree to a settlement without having to consult with a superior.   * Both sides to have representatives with the legal authority to agree to a settlement without having to consult with a superior.
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   * Attorneys for both sides to have explored the parameters of settlement with their clients well in advance of the settlement conference.   * Attorneys for both sides to have explored the parameters of settlement with their clients well in advance of the settlement conference.
  
-{{page>understanding}}+It is not known if the follow-up conference calls required similarly authorized individuals to be present.
  
 +{{page>understanding}}
 ==== Private, Informal Conversations ==== ==== Private, Informal Conversations ====