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tardigrade_dismissal [2019/11/06 04:10] – Carlos Pedrazatardigrade_dismissal [2019/11/08 12:28] (current) – updates with deadline met Carlos Pedraza
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 <fs smaller>**JUSTICE FOR ANAS** The slogan rallying $20,000 in crowdfunding for Tardigrades videogame developer Anas Abdin's appeal in his copyright lawsuit against CBS and Netflix over //Star Trek: Discovery.// </fs><fs x-small>Original art/CBS and Anas Abdin</fs> <fs smaller>**JUSTICE FOR ANAS** The slogan rallying $20,000 in crowdfunding for Tardigrades videogame developer Anas Abdin's appeal in his copyright lawsuit against CBS and Netflix over //Star Trek: Discovery.// </fs><fs x-small>Original art/CBS and Anas Abdin</fs>
  
-<fs x-small>NOVEMBER 6, 2019<wrap indent> | </wrap><wrap indent> 5 MIN READ</wrap></fs>+<fs x-small>NOVEMBER 6, 2019<wrap indent> | </wrap><wrap indent> 6 MIN READ</wrap></fs>
  
 ====== Tardigrades Case in Danger of Dismissal by Appeals Court ====== ====== Tardigrades Case in Danger of Dismissal by Appeals Court ======
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 {{page>subscribe}} {{page>subscribe}}
 +
 +<WRAP center round tip>
 +<wrap em>UPDATE</wrap>: <fs smaller>[[https://us20.campaign-archive.com/?u=2d0411ecf0787fd9d4dc8dc5c&id=aaa1a04da9#tardigrades|Tardigrades Lawyers Narrowly Avoid Dismissal, Point to Judicial Errors]]</fs>
 +</WRAP>
  
 Meanwhile, it appears all the [[#Abdin's lawyer gets money|GoFundMe money]] is going directly to one of Abdin's attorneys. Meanwhile, it appears all the [[#Abdin's lawyer gets money|GoFundMe money]] is going directly to one of Abdin's attorneys.
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 ===== Missed Deadline ===== ===== Missed Deadline =====
  
-In an October 24 order, the federal Second Circuit Court of Appeals in New York declared Abdin's case was in default by having missed an October 15 deadline to file two forms required for the case to move forward.+In an {{ ::docket_14-15_form_c-d.pdf |October 24 order}}, the federal Second Circuit Court of Appeals in New York declared Abdin's case was in default by having missed an October 15 deadline to file two forms required for the case to move forward.
  
 Under [[http://www.ca2.uscourts.gov/clerk/case_filing/rules/title2/local_rule_12_1.html|its rules]], the circuit court will dismiss the case if the appellant, Abdin, fails to file a pre-argument statement by November 7 describing the reasons for his appeal. Under [[http://www.ca2.uscourts.gov/clerk/case_filing/rules/title2/local_rule_12_1.html|its rules]], the circuit court will dismiss the case if the appellant, Abdin, fails to file a pre-argument statement by November 7 describing the reasons for his appeal.
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 Unfortunately, even giving Abdin the benefit of the doubt, [[http://eepurl.com/gD5w4r|nothing]] was left over; Abdin's "alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."(([PDF] [[https://www.dropbox.com/s/t063wubnr7wi8iv/Tardigrades%20dismissal.pdf?dl=0|Abdin v. CBS Broadcasting et al., "Opinion and Order,"]] Judge Lorna G. Schofield, p. 12, 9/20/19.)) Unfortunately, even giving Abdin the benefit of the doubt, [[http://eepurl.com/gD5w4r|nothing]] was left over; Abdin's "alleged similarities between … characters in the two works also fails to support a claim, as they are mostly generalized non-protectable descriptions."(([PDF] [[https://www.dropbox.com/s/t063wubnr7wi8iv/Tardigrades%20dismissal.pdf?dl=0|Abdin v. CBS Broadcasting et al., "Opinion and Order,"]] Judge Lorna G. Schofield, p. 12, 9/20/19.))
  
-==== Transcript Form ====+=== No New Evidence === 
 + 
 +Despite promises to Abdin's supporters that their GoFundMe donations will pay for additional investigation and legal consultation to support the case, no additional evidence or testimony can be considered by the appeals court. If the court upholds the lower court's dismissal it will be with prejudice — Abdin will be unable to re-file despite any additional evidence. 
 + 
 +==== Missing Transcripts ====
  
 The second missed filing by Abdin's attorneys was {{ ::form_d_august_2010_.pdf |Form D}}, Civil Appeal Transcript Information. The form is used to list and provide all the relevant transcripts from the lower court case. It also was required by October 15 for the appeal to proceed. The second missed filing by Abdin's attorneys was {{ ::form_d_august_2010_.pdf |Form D}}, Civil Appeal Transcript Information. The form is used to list and provide all the relevant transcripts from the lower court case. It also was required by October 15 for the appeal to proceed.
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 The court notified Abdin he had until November 7 to file the two forms. "The case is deemed in default," the clerk of court, Catherine O'Hagan Wolfe, wrote on behalf of the court. "It is hereby ordered that the appeal will be dismissed effective November 07, 2019, if the form[s are] not filed by that date."(([PDF] [[https://www.dropbox.com/s/utq4t04yqrb9xlk/Docket%2014-15%20Form%20C-D.pdf?dl=0|Docket 14-15]], "Order dismissing appeal by 11/07/2019, unless Appellant Anas Osama Ibrahim Abdin, submits Forms C and D," Abdin v. CBS Broadcasting et al., 10/24/19.)) The court notified Abdin he had until November 7 to file the two forms. "The case is deemed in default," the clerk of court, Catherine O'Hagan Wolfe, wrote on behalf of the court. "It is hereby ordered that the appeal will be dismissed effective November 07, 2019, if the form[s are] not filed by that date."(([PDF] [[https://www.dropbox.com/s/utq4t04yqrb9xlk/Docket%2014-15%20Form%20C-D.pdf?dl=0|Docket 14-15]], "Order dismissing appeal by 11/07/2019, unless Appellant Anas Osama Ibrahim Abdin, submits Forms C and D," Abdin v. CBS Broadcasting et al., 10/24/19.))
  
-{{page>tardigrades appeal#expedited appeals calendar}}+<WRAP round important> 
 +=== Appeals Schedule === 
 + 
 +Under Second Circuit rules, the court considers appeals to dismissal motions on an expedited calendar. The clerk notifies the parties when an appeal is placed on the expedited calendar and sets the briefing schedule:(([[http://www.ca2.uscourts.gov/clerk/case_filing/appealing_a_case/civil_case/expedited_appeals_calendar.html|"Expedited Appeals Calendar,"]] Case Filing, U.S. Court of Appeals for the Second Circuit, 12/5/13.)) 
 +<WRAP center 95%> 
 +1. Abdin should file a Pre-Argument Statement by October 15 specifying the basis for his appeal. \\ 
 +2. Abdin's appeal brief is due 35 days from the date of the clerk's notification. \\ 
 +3. CBS will have 35 days from Abdin's filing to file its appeal brief. \\ 
 +4. Abdin will then have 14 days from CBS' filing to file a reply. 
 +</WRAP> 
 +</WRAP>
  
 ===== Abdin's Lawyer Gets Money ===== ===== Abdin's Lawyer Gets Money =====
  
-Meanwhile, in a change from the GoFundMe's original appeal, the page [[https://web.archive.org/web/20191106092314/https://www.gofundme.com/f/justiceforanas|now declares]] the fundraiser is "on behalf of [[tardigrade_lawsuit_trouble#plaintiff_s_attorneys|John Johnson]]," one of Abdin's lawyers.+Meanwhile, in a change from the GoFundMe's [[tardigrades_appeal|original pitch]], the page [[https://web.archive.org/web/20191106092314/https://www.gofundme.com/f/justiceforanas|now declares]] the fundraiser is "on behalf of [[tardigrade_lawsuit_trouble#plaintiff_s_attorneys|John Johnson]]," one of Abdin's lawyers.
  
 This may explain why Abdin said he [[tardigrades_appeal#more_than_20_000_raised|needed $5,000]] within three days of posting the GoFundMe appeal; the money may have been earmarked as a retainer for Johnson to continue representing Abdin after failing to make his case in the lower court. This may explain why Abdin said he [[tardigrades_appeal#more_than_20_000_raised|needed $5,000]] within three days of posting the GoFundMe appeal; the money may have been earmarked as a retainer for Johnson to continue representing Abdin after failing to make his case in the lower court.
  
-Because Abdin [[tardigrades_appeal#doomed_anyway|registered his copyright]] for Tardigrades so late, he conceded the ability to seek attorneys' fees as damages from CBS and Netflix if he had won the case. Without the GoFundMe money, Johnson and Chan would likely [[tardigrades_appeal#doomed_anyway|never be paid]].+Because Abdin [[tardigrades_appeal#doomed_anyway|registered his copyright]] for Tardigrades so late, he conceded the ability to seek attorneys' fees as damages from CBS and Netflix if he had won the case. Without the GoFundMe money, Johnson and Chan would likely [[tardigrades_appeal#doomed_anyway|never be paid]]. {{:axamonitor-ico.gif?nolink|}} 
 + 
 +<WRAP tip 90%> 
 +<wrap em>COMMENT & SHARE</wrap> \\ 
 +<wrap lo>Discuss this article in [[face>groups/axamonitor/permalink/753346078513575/|AxaMonitor's Facebook group]] or share on:</wrap>~~socialite~~ 
 +</WRAP>
  
-{{page>footer}}{{tag>Tardigrades_lawsuit Star_Trek_Discovery copyright infringement}}+{{tag>Tardigrades_lawsuit Star_Trek_Discovery copyright infringement}}