Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
tardigrades_pre_motion [2018/12/12 00:31] – Carlos Pedrazatardigrades_pre_motion [2019/01/17 15:26] (current) – Carlos Pedraza
Line 1: Line 1:
 {{::legal_motion_dismiss.jpg|}} \\ {{::legal_motion_dismiss.jpg|}} \\
 <fs smaller>Star Trek: Discovery//'s lead character, Michael Burnham (Sonequa Martin Green), on trial.//</fs> <wrap indent><fs x-small>Image/CBS</fs></wrap> <fs smaller>Star Trek: Discovery//'s lead character, Michael Burnham (Sonequa Martin Green), on trial.//</fs> <wrap indent><fs x-small>Image/CBS</fs></wrap>
 +
 +<fs x-small>UPDATED JANUARY 4, 2019<wrap indent> |</wrap><wrap indent> ESTIMATED READING TIME 5 MINS</wrap></fs>
  
 ====== CBS Asks Judge to Dismiss Copyright Case Against Discovery ====== ====== CBS Asks Judge to Dismiss Copyright Case Against Discovery ======
  
-//**Attorneys Assert Game Developer's Copyright Infringement Case Relies on Unprotectable Ideas**//+//**Abdin's Lawyers Signal They're Filing a Third Amended Legal Complaint**//
 {{TOC}} {{TOC}}
 {{page>byline}} {{page>byline}}
  
-Lawyers for CBS and Netflix this week asked the judge in the case filed by game developer Anas Abdin for a meeting before their planned filing of a motion to dismiss in Abdin's [[tardigrade_october#second_amended_complaint|lawsuit]] alleging copyright infringement in the development of //Star Trek: Discovery//.+Lawyers for CBS and Netflix have asked the judge in the case filed by game developer Anas Abdin for a meeting before their planned filing of a motion to dismiss in Abdin's [[tardigrade_october#second_amended_complaint|lawsuit]] alleging copyright infringement in the development of //Star Trek: Discovery//. 
 + 
 +===== Third Complaint Expected ===== 
 + 
 +<wrap em>UPDATE</wrap> On January 2, 2019, a status letter from both plaintiff and defendants to the new judge in the case revealed that a third [[tardigrade_october#second_amended_complaint|amended complaint]] was expected to be filed in the case; CBS' motion to dismiss won't be filed until after that amended complaint is filed, the letter stated. 
 + 
 +<WRAP right round download 320px> 
 +<fs smaller><wrap em>READ</wrap> the January 2, 2019, status letter that signaled a third amended legal complaint was expected to be filed by Anas Abdin. The 11-page letter also provides a brief recap of arguments in the case so far. Download the [[https://www.dropbox.com/s/nllmhj4lau60kmx/Status%20Letter%20010219.pdf?dl=0|status letter here]] (PDF).</fs> 
 +</WRAP>
  
 <WRAP center 95%> <WRAP center 95%>
Line 14: Line 24:
 See also: [[tardigrade_october|Tardigrades Developer Raises Stakes in 'Discovery' Lawsuit]] and [[tardigrade_lawsuit_trouble|Tardigrades Copyright Lawsuit Gets off to Rocky Start]]//**</fs> See also: [[tardigrade_october|Tardigrades Developer Raises Stakes in 'Discovery' Lawsuit]] and [[tardigrade_lawsuit_trouble|Tardigrades Copyright Lawsuit Gets off to Rocky Start]]//**</fs>
 </WRAP> </WRAP>
 +
 +===== Conference Scheduled =====
 +
 +U.S. District Judge Lorna G. Schofield scheduled a pre-motion conference regarding the defense's planned motion to dismiss the case. That conference will be January 8, 2019, in New York. Ahead of that meeting, each side must filed a status letter and case management plan by January 2.
  
 <WRAP right round important 320px> <WRAP right round important 320px>
-<wrap em>UPDATE: New Judge Assigned</wrap> \\ +**New Judge Assigned** \\ 
-<fs smaller>Thé Tardigrades lawsuit was reassigned to another judge on December 11, 2018. U.S. District Judge Lorna G. Schofield. No reason was cited in the case docket but such reassignments are not uncommon, and usually to [[http://www.nysd.uscourts.gov/prose?faq|even out caseloads]] among judges in the district, according to the court's website. \\ \\ +<fs smaller>Thé Tardigrades lawsuit was reassigned to U.S. District Judge Lorna G. Schofield on December 11, 2018. No reason was cited in the case docket but such changes are not uncommon, and usually intended to [[http://www.nysd.uscourts.gov/prose?faq|even out caseloads]] among judges in the district, according to the court's website. </fs> 
-[{{ ::judge_shofield.jpg?100|Judge Schofield}}] +[{{ ::judge_shofield.jpg?100|<fs smaller>**Judge Schofield**</fs>}}] 
-Schofield, a former federal prosecutor, was appointed to the bench by President Barack Obama in 2012. Like Judge Buchwald, Schofield also requires a pre-motion conference, where "motions will be resolved … to the extent possible. If briefing is found to be necessary, the issues to be considered will be defined and a briefing schedule and return date set."(([[http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1584|"Individual Rules and Procedures for Civil Cases,"]] Lorna G. Schofield United States District Judge, p. 7, retrieved 12/11/18.))</fs>+<fs smaller>Schofield, a former federal prosecutor, was appointed to the bench by President Barack Obama in 2012. Like Judge Buchwald, Schofield also requires a pre-motion conference, where "motions will be resolved … to the extent possible. If briefing is found to be necessary, the issues to be considered will be defined and a briefing schedule and return date set."(([[http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1584|"Individual Rules and Procedures for Civil Cases,"]] Lorna G. Schofield United States District Judge, p. 7, retrieved 12/11/18.))</fs>
 </WRAP> </WRAP>
  
Line 50: Line 64:
 ===== Conference Required by Judge ===== ===== Conference Required by Judge =====
  
-A letter like that sent by Hwang of the firm [[Loeb & Loeb]] is not generally required under the [[wp>Federal_Rules_of_Civil_Procedure|Federal Rules of Civil Procedure]], but Judge Buchwald's [[http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1406|individual rules]] require a pre-motion conference before any motion can be filed; attorneys therefore had to submit a letter explaining the basis of their upcoming motion asking the judge to formally dismiss Abdin's case.+A letter like that sent by Hwang of the firm [[Loeb & Loeb]] is not generally required under the [[wp>Federal_Rules_of_Civil_Procedure|Federal Rules of Civil Procedure]], but both Judge Buchwald and Judge Schofield's [[http://www.nysd.uscourts.gov/cases/show.php?db=judge_info&id=1406|individual rules]] require a pre-motion conference before any motion can be filed; attorneys therefore had to submit a letter explaining the basis of their upcoming motion asking the judge to formally dismiss Abdin's case.
  
 The request for a pre-motion conference effectively halts the ticking clock on CBS/Netflix filing their formal reply to the lawsuit until after the conference. The request for a pre-motion conference effectively halts the ticking clock on CBS/Netflix filing their formal reply to the lawsuit until after the conference.
 ---- ----
 <WRAP> <WRAP>
-//**__« Most of Abdin’s claimed ‘similarities’ are generic and stock elements that are used in countless works. »__**// <wrap indent>//— CBS attorney Wook Hwang, in a letter to Judge Buchwald//</wrap>+//**__« Most of Abdin’s claimed ‘similarities’ are generic and stock elements that are used in countless works. »__**// <wrap indent>//— CBS attorney Wook Hwang, in a letter to the judge//</wrap>
 </WRAP> </WRAP>
 +
 +==== Case Management Plan ====
 +
 +Judge Schofield also required both sides to file a status letter and case management plan by January 2, before the conference six days later.
  
 ===== Grounds for Dismissal ===== ===== Grounds for Dismissal =====