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tardigrade_lawsuit_trouble [2018/09/11 12:24] – [Plaintiff's Attorneys] adds attorneys non-reply to interview requests Carlos Pedrazatardigrade_lawsuit_trouble [2018/10/02 19:11] – Updates with judge granting extension Carlos Pedraza
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-{{:copyright-battle.jpg|}}+{{::tardigrades_cbs_netflix.jpg|}}
  
 ====== Tardigrades Copyright Lawsuit Gets off to Rocky Start ====== ====== Tardigrades Copyright Lawsuit Gets off to Rocky Start ======
  
-//**Attorney Errors Delay Court Summons for 'Star Trek: Discovery' Creators**//+//**All Parties Request November 6 Extension for CBS and Netflix to Answer Suit**//
  
 {{TOC}} {{TOC}}
 {{page>byline}} {{page>byline}}
  
-Ten days after his [[tardigrade_lawsuit|copyright lawsuit's]] filing, indie game developer [[Anas Abdin]]'s attorneys have been admonished by the court for multiple errors resulting in CBS and Netflix having yet to be served the legal papers needed to get the case truly started.+CBS and Netflix got a November 6, 2018, extension to reply to a [[tardigrade_lawsuit|copyright infringement]] lawsuit brought by indie game developer [[Anas Abdin]] alleging //Star Trek: Discovery// stole ideas from his unreleased videogame, Tardigrades.
  
-Meanwhile, news of the lawsuit — even without CBS and Netflix being able to respond — has already become a lightning rod for some fans of traditional Star Trek who have rejected the newest show, //Star Trek: Discovery//, as well as others still smarting from CBS' copyright lawsuit against [[Axanar]] and OWC Studios head [[Alec Peters]].+===== Defendants' Delayed Answer ===== 
 + 
 +On October 1, U.S. District [[Judge Naomi Reice Buchwald]] granted the extension request filed by Abdin's attorney, [[John Johnson]], and CBS and Netflix's lawyer, Wook Hwang of [[Loeb & Loeb]]. The defendants' answers had originally been due October 2 and 3, respectively.(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court 
 +Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 21, 10/1/18.)) 
 + 
 +No reason for the request was given in the court filing, other than mentioning, "This is the first request for an extension of Defendants' time to answer, move or otherwise respond to the [lawsuit]."(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|U.S. District Court 
 +Southern District of New York, civil docket for case # 1:18-cv-07543]], Abdin v. CBS Broadcasting, Inc. et al., document 20, 10/1/18.))
  
 <WRAP center 90%> <WRAP center 90%>
-**//See also://** [[tardigrade_lawsuit|Indie Gamemaker Sues 'Discovery' for Stealing His Ideas]]+**//Main story: [[tardigrade_lawsuit|Indie Gamemaker Sues 'Discovery' for Stealing His Ideas]]//**
 </WRAP> </WRAP>
  
-===== Deficient Pleading =====+Earlier, Abdin's attorneys had been admonished by the court for multiple errors resulting in CBS and Netflix only being served 23 days after the lawsuit was filed in the federal district court of Southern New York. 
 + 
 +In the meantime, news of the lawsuit — even without CBS and Netflix being able to respond — had already become a lightning rod for some fans of traditional Star Trek who have rejected the newest show, //Star Trek: Discovery//, as well as others still smarting from CBS' copyright lawsuit against [[Axanar]] and OWC Studios head [[Alec Peters]]. 
 + 
 +==== Served ==== 
 + 
 +CBS was finally served its summons and copy of the legal complaint on September 11, 23 days after the lawsuit was filed. Netflix was served the following day. CBS' answer to the complaint was due October 2, and Netflix's by October 3.(([[https://www.pacermonitor.com/public/case/25398554/Abdin_v_CBS_Broadcasting,_Inc_et_al|PacerMonitor, Abdin v. CBS Broadcasting, Inc. et al]], retrieved 9/26/18.)) 
 + 
 +==== Deficient Pleading ====
  
-The suit was filed August 19 in the federal district court of Southern New York. The case docket for Abdin v. CBS Broadcasting, et al., had by August 29 cited no fewer than 15 errors in how important documents were filed for Abdin by one of his lawyers, John Johnson of the New York firm Winston Johnson Raghnal.+The suit was filed August 19 in the federal district court of Southern New York. The case docket for Abdin v. CBS Broadcasting, et al., had by August 29 cited no fewer than 15 errors in how important documents were filed for Abdin by New York attorney Johnson, one of Abdin's lawyers.
  
-The court docket also noted the case had been assigned to federal Judge Naomi Reice Buchwald.+The court docket also noted the case had been assigned to federal Judge Buchwald]].
 ---- ----
 <WRAP> <WRAP>
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 ==== Allan Chan ==== ==== Allan Chan ====
  
-Meanwhile, [[http://www.chanesq.com/about_founder.html|Chan]], a graduate of the Touro College Law Center, is listed as "delinquent" since March 2017 in his required biennial [[http://ww2.nycourts.gov/attorneys/registration/index.shtml|registration]] with the state of New York's courts system.(([[http://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=Ti5wAmFqEoFPERJX71qgoQ%3D%3D|Allan Chan registration record]], New York State Unified Court System, retrieved 8/28/18.)) Since this article's initial posting, Chan has since properly registered with the New York courts.(([[http://iapps.courts.state.ny.us/attorney/AttorneySearch|N.Y. State Courts]], attorney search, retrieved 9/6/17.))+Meanwhile, [[http://www.chanesq.com/about_founder.html|Chan]], a graduate of the Touro College Law Center, was listed as "delinquent" since March 2017 in his required biennial [[http://ww2.nycourts.gov/attorneys/registration/index.shtml|registration]] with the state of New York's courts system.(([[http://iapps.courts.state.ny.us/attorney/AttorneyDetails?attorneyId=Ti5wAmFqEoFPERJX71qgoQ%3D%3D|Allan Chan registration record]], New York State Unified Court System, retrieved 8/28/18.)) Since this article's initial posting, Chan has since properly registered with the New York courts.(([[http://iapps.courts.state.ny.us/attorney/AttorneySearch|N.Y. State Courts]], attorney search, retrieved 9/6/17.))
  
 On his website, Chan touted his expertise in copyright law: On his website, Chan touted his expertise in copyright law:
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 Of Abdin's attorneys, Chan appears to have more specific experience in copyright issues, having assisted Abdin in registering his game's copyright in June 2018.((U.S. Copyright Office [[http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First|database search]], "Tardigrades" copyright registration No. TX0008559280, retrieved 8/28/18.)) However, it's Johnson who so far has handled court filings. His registration with the New York courts is up to date. Of Abdin's attorneys, Chan appears to have more specific experience in copyright issues, having assisted Abdin in registering his game's copyright in June 2018.((U.S. Copyright Office [[http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First|database search]], "Tardigrades" copyright registration No. TX0008559280, retrieved 8/28/18.)) However, it's Johnson who so far has handled court filings. His registration with the New York courts is up to date.
 +
 ===== Lawsuit Origin ===== ===== Lawsuit Origin =====