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lawsuit [2016/05/24 16:24] – adds Answer section Carlos Pedrazalawsuit [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 On December 29‭, ‬2015‭, [[CBS]] and [[Paramount Pictures]] filed a **lawsuit** in Federal District Court in California's Central District‭, ‬alleging [[copyright infringement]] by the company producing the feature film‭, //[[Axanar]]//, formerly //Star Trek: Axanar.//(([[http://www.hollywoodreporter.com/thr-esq/crowdfunded-star-trek-movie-draws-851474|The Hollywood Reporter: Crowdfunded Star Trek Movie Draws Lawsuit..., 12/30/15]])) On December 29‭, ‬2015‭, [[CBS]] and [[Paramount Pictures]] filed a **lawsuit** in Federal District Court in California's Central District‭, ‬alleging [[copyright infringement]] by the company producing the feature film‭, //[[Axanar]]//, formerly //Star Trek: Axanar.//(([[http://www.hollywoodreporter.com/thr-esq/crowdfunded-star-trek-movie-draws-851474|The Hollywood Reporter: Crowdfunded Star Trek Movie Draws Lawsuit..., 12/30/15]]))
 +===== The Players =====
 {{TOC}} {{TOC}}
 {{ :paramount_logo.gif|}} {{ :paramount_logo.gif|}}
-===== The Players ===== 
  
 ==== Plaintiffs ==== ==== Plaintiffs ====
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 Axanar Productions and Alec Peters are both represented pro bono by‭ [[Winston & Strawn]], ‬whose lead attorney is [[Erin Ranahan]]. Axanar Productions and Alec Peters are both represented pro bono by‭ [[Winston & Strawn]], ‬whose lead attorney is [[Erin Ranahan]].
  
-No [[other attorneys]] have yet been announced for any of the‭ "‬{!Doe:John or Jane Doe — otherwise unnamed people}}‭ ‬defendants‭," ‬who have yet to be named by the plaintiffs‭.‬ 
  
 ==== Judge ==== ==== Judge ====
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 The statement outlined the two parties' respective plans for {!discovery:pre-trial procedures to gather evidence}}, and requested settlement talks before a federal magistrate judge. The statement outlined the two parties' respective plans for {!discovery:pre-trial procedures to gather evidence}}, and requested settlement talks before a federal magistrate judge.
  
-The pending [[motion to dismiss]] the case that was filed by the defense is likely to be [[scheduling conference#what happens at the conference|included as a topic]] at the May 9 conference.+The [[motion to dismiss]] the case filed by the defense was denied by the judge following the May 9 conference.
  
 ==== Axanar's Response ==== ==== Axanar's Response ====
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 The original legal complaint gave the defendants 20‭ ‬days to formally respond to the plaintiffs‭' ‬suit‭. ‬On January 22‭, ‬2016‭, ‬all parties agreed to a {{::axa-extension_of_time_to_file_an_answer.pdf|30-day extension}} for the defendants to file their‭ {!Answer:Defendants' plea outlining their defense}} to the complaint‭. ‬In the meantime‭, ‬Axanar agreed to not proceed with filming until after the February 22 filing‭.‬ The original legal complaint gave the defendants 20‭ ‬days to formally respond to the plaintiffs‭' ‬suit‭. ‬On January 22‭, ‬2016‭, ‬all parties agreed to a {{::axa-extension_of_time_to_file_an_answer.pdf|30-day extension}} for the defendants to file their‭ {!Answer:Defendants' plea outlining their defense}} to the complaint‭. ‬In the meantime‭, ‬Axanar agreed to not proceed with filming until after the February 22 filing‭.‬
  
-=== Defendants' Answer ===+=== Defendants' Answer & Counterclaim ===
  
 Following two unsuccessful motions to dismiss the [[copyright infringement]] lawsuit against them, Axanar Productions and producer Alec Peters on May 23, 2016, filed a formal [[Answer]] to the legal complaint filed against them by CBS and Paramount Pictures. Following two unsuccessful motions to dismiss the [[copyright infringement]] lawsuit against them, Axanar Productions and producer Alec Peters on May 23, 2016, filed a formal [[Answer]] to the legal complaint filed against them by CBS and Paramount Pictures.
  
-The Answer included a counterclaim by the defendants, seeking monetary relief for harm caused to Axanar by the plaintiff's lawsuit.+The Answer included a [[answer#counterclaim]] by the defendants, seeking monetary relief for harm caused to Axanar by the plaintiff's lawsuit. The plaintiffs [[plaintiffs_answer|replied to the counterclaim]] on June 15, 2016.
  
 === Motions to Dismiss === === Motions to Dismiss ===
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 {{section>dismissal denied#dismissal denied}} {{section>dismissal denied#dismissal denied}}
  
-While the motion did not specifically outline Axanar's‭ [[legal defense]], it did hint at [[motion to dismiss#fair use defense|fair use]] as one means the defendants plan to pursue, among others previously mentioned by ‬Axanar attorney‭ ‬Erin Ranahan‭ did hint at two possible defense avenues ‬in an interview with the newspaper‭, [[Ranahan interview 1/27/16|Crain's Chicago Business]].+While the motion did not specifically outline Axanar's‭ [[legal defense]], it did hint at [[motion to dismiss#fair use defense|fair use]] as one means the defendants plan to pursue, among others previously mentioned by ‬Axanar attorney‭ ‬Erin Ranahan‭ did hint at two possible defense avenues ‬in an interview with the newspaper‭ [[Ranahan interview 1/27/16|Crain's Chicago Business]].
  
 More hints about the emerging defense strategy appeared in the [[joint statement]] submitted May 2 by both sides to the judge. More hints about the emerging defense strategy appeared in the [[joint statement]] submitted May 2 by both sides to the judge.
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 == Amended Legal Complaint == == Amended Legal Complaint ==
  
-Despite both sides' agreement on a two-week continuance(([[http://1701news.com/node/1041/cbsparamount-ask-short-delay-axanar-lawsuit.html|1701News: CBS/Paramount Ask For Short Delay In 'Axanar' Lawsuit]], 2/24/16.)) on the case, [[judge_r._gary_klausner|Judge Klausner]] denied the delay,(([[http://www.scribd.com/doc/301310328/Order-Denied-stipulation-to-continue|Judge's 2/26/16 order denying continuance, scribd.com]], retrieved 2/29/16)). +Despite both sides' agreement on a two-week continuance(([[http://1701news.com/node/1041/cbsparamount-ask-short-delay-axanar-lawsuit.html|1701News: CBS/Paramount Ask For Short Delay In 'Axanar' Lawsuit]], 2/24/16.)) on the case, [[judge_r._gary_klausner|Judge Klausner]] denied the delay.(([[http://www.scribd.com/doc/301310328/Order-Denied-stipulation-to-continue|Judge's 2/26/16 order denying continuance, scribd.com]], retrieved 2/29/16.)) 
  
 Instead of arguing over the original dismissal motion, the plaintiffs opted to file an amended legal complaint on March 11. According to a defense {{:031123065442-noticeofplaintiffsnonoppositiontomotiontodismiss.pdf|notice to the court}} filed March 7, 2016, plaintiffs had failed to respond to the dismissal motion on the due date, adding that their attorneys had informed them of its intent to file an amended legal complaint. With the filing of the amended complaint, the {{:moot-mtd.jpg?linkonly|judge ruled}} the original dismissal motion moot, sending the case to the next scheduled [[scheduling_conference|pre-trial meeting]]. Instead of arguing over the original dismissal motion, the plaintiffs opted to file an amended legal complaint on March 11. According to a defense {{:031123065442-noticeofplaintiffsnonoppositiontomotiontodismiss.pdf|notice to the court}} filed March 7, 2016, plaintiffs had failed to respond to the dismissal motion on the due date, adding that their attorneys had informed them of its intent to file an amended legal complaint. With the filing of the amended complaint, the {{:moot-mtd.jpg?linkonly|judge ruled}} the original dismissal motion moot, sending the case to the next scheduled [[scheduling_conference|pre-trial meeting]].
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-**Keywords** +**Keywords** {{tag>lawsuit players plaintiffs defendants}}
-{{tag>lawsuit players plaintiffs defendants}}+