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+ | ====== Court Orders Peters Deposition, Other Plaintiff Requests ====== | ||
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+ | //**__ __**// <wrap lo>By [[user> | ||
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+ | Though he formally denied the plaintiffs' | ||
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+ | ===== What CBS, Paramount Won ===== | ||
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+ | The order, issued October 31, 2016 without oral hearings, required: | ||
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+ | * Axanar producer [[Alec Peters]] to submit to a second deposition. | ||
+ | * Making Axanar' | ||
+ | * The defense to turn over a log of Peters' | ||
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+ | Meanwhile, on the same day Eick issued his order, he led [[settlement_conference|settlement talks]] between the studios, Peters and their attorneys. | ||
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+ | ===== Partially Denied ===== | ||
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+ | While the order affirmed much of what the plaintiffs stated in their motion, the judge was unwilling to alter the case's schedule, with the cut-off date for [[discovery]] looming on November 2, stating: | ||
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+ | > Notwithstanding the issues Plaintiffs have raised regarding the adequacy of Defendants’ document productions (based largely on information obtained in connection with the depositions taken in October of 2016), the Court will <wrap hi>not require at this late date the effective recommencement</ | ||
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+ | ==== Axanar: Order is a ' | ||
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+ | Even so, Peters still considered the order a victory for the defense, tweeting: | ||
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+ | Axanar wins another small legal battle as CBS/ | ||
+ | </ | ||
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+ | Axanar' | ||
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+ | === Pyrrhic Victory === | ||
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+ | Peters claimed his victory on a bit of judicial parlance in the order that stated: | ||
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+ | > Except as expressly stated herein, the Application is denied.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 2, 10/31/16.)) | ||
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+ | However, as [[#what cbs, paramount won|noted above]], the judge' | ||
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+ | [{{ : | ||
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+ | ===== Details of the Court Order ===== | ||
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+ | The emergency motion, submitted to the court on October 27, was prompted by the [[missing_emails|revelation]] of a trove of Peters' | ||
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+ | The emails came to light during the deposition of //Prelude to Axanar// director Christian Gossett, who resigned in May 2015, concerned about Peters' | ||
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+ | ==== Second Peters Deposition ==== | ||
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+ | In view of the undisclosed emails, the court granted the plaintiffs' | ||
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+ | The judge, however, ordered Peters to be deposed before the discovery cut-off for a maximum five-hour deposition. He also placed no limits on the topics beyond the usual limits in the federal rules for civil procedure.((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.)) | ||
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+ | [{{ :: | ||
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+ | === Contradictions === | ||
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+ | The plaintiffs had complained that the emails that had previously been turned over included almost none between Peters and any of his creative team. Then Gossett handed them hundreds of pages of such emails, which chronicled how Peters committed the allegedly infringing acts. | ||
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+ | At least one email pointed out what appeared to be inconsistencies between what Ranahan had claimed in earlier motions as defense against infringement and actions Peters actually took. | ||
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+ | ==== Releasing Axanar' | ||
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+ | CBS and Paramount had wanted to use a financial summary Peters claimed had been prepared by an accountant in depositions of other witnesses but the defense had marked it " | ||
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+ | > The document (“Exhibit H”) appended to the [emergency motion] was not properly designated by Defendants as “Confidential – Attorneys’ Eyes Only.” … This document shall be treated as “Confidential.”((Civil Minutes, Federal Magistrate Judge Charles F. Eick, p. 1, 10/31/16.)) | ||
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+ | The order then made it possible for the plaintiffs to show the financial summary to a less restrictive list of [[protective_order# | ||
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+ | // | ||
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+ | In her opposition brief, Ranahan told the judge the defense had submitted revised financial information on October 28, designated only “confidential” instead of “attorneys eyes only,” rendering moot the plaintiffs’ request in their emergency motion.((Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Order, p. 6, 10/28/16.)) | ||
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+ | === Embarrassing Information === | ||
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+ | Despite Peters' | ||
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+ | The plaintiffs said that was no basis for restricting access to the financials: | ||
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+ | > The only basis offered by Defendants’ counsel for the failure to de-designate this document is that is that the material in that document may embarrass Mr. Peters by showing the ways in which he spent funds that were raised from Star Trek fans. This is not a proper basis for designating a document as Highly Confidential.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, | ||
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+ | === Defense Objection === | ||
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+ | In her opposition to changing the confidentiality of the financial information, | ||
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+ | The judge was not persuaded by her argument. | ||
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+ | [{{ : | ||
+ | ==== Privilege Log ==== | ||
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+ | Upon learning from Peters in his deposition that he had sought legal counsel prior this [[lawsuit]], | ||
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+ | Eick substantially fulfilled the plaintiffs' | ||
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+ | > Defendants shall serve on Plaintiffs a privilege log identifying with particularity all documents which are: (a) responsive to Plaintiffs’ [[https:// | ||
+ | |||
+ | === Squabbling Lawyers === | ||
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+ | Both the plaintiffs' | ||
+ | ===== Discovery Disputes ===== | ||
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+ | Monday' | ||
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+ | ---- | ||
+ | **Keywords** {{tag> |