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— | mcintosh_subpoena [2016/10/07 17:44] – [Self-Incrimination] typo fix Carlos Pedraza | ||
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+ | {{:: | ||
+ | ====== Former Axanar Officer Served with Subpoena ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | |||
+ | <wrap lo>//See also: [[gossett-subpoena|‘Prelude’ Director' | ||
+ | |||
+ | Axanar' | ||
+ | |||
+ | "Was just served with a deposition subpoena for Axanar," | ||
+ | |||
+ | > I'm not travelling across several states and paying for hotel and car at my expense. That's non-negotiable. I'll call them on Monday and see if they want my participation or not... if they' | ||
+ | |||
+ | <WRAP round important> | ||
+ | <wrap lo> | ||
+ | {{ : | ||
+ | Former Axanar CTO Terry McIntosh said he requested his deposition date be rescheduled again to October 28 in Seattle: "Since I’m rather looking forward to participating in the process, and have already collected the majority of the requested materials that I’ll be submitting for review — over 3TB worth, so far, and I’m still gathering — this makes things more manageable." | ||
+ | (([[face> | ||
+ | |||
+ | Indeed, the Federal Rules of Civil Procedure state a person served with a subpoena cannot be compelled to appear at a deposition if it takes place further than 100 miles from where he or she resides, is employed, or regularly transacts business in person.(([[https:// | ||
+ | ===== Terms of the Subpoena ===== | ||
+ | |||
+ | By all accounts, the subpoena does not specifically state why the plaintiffs want to depose McIntosh, but sources familiar with the inner workings of Axanar told **AxaMonitor** that the former chief technology officer was privy to many of the production' | ||
+ | |||
+ | <WRAP right round box 50%> | ||
+ | //**__« If they' | ||
+ | </ | ||
+ | |||
+ | "If they' | ||
+ | |||
+ | ==== Who Would be Present ==== | ||
+ | |||
+ | It's more likely, according to attorneys consulted by **AxaMonitor**, | ||
+ | |||
+ | Also likely to be present would be a representative from the firm representing Axanar and producer Peters, [[Winston & Strawn]]. The role of the Winston attorney would be to raise objections to limit what information McIntosh might otherwise be compelled to provide. Axanar' | ||
+ | |||
+ | ==== Self-Incrimination ==== | ||
+ | |||
+ | McIntosh himself is entitled (but not required) to be represented by counsel at the deposition, most likely to help him avoid making any self-incriminating statements. | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | Since his resignation, | ||
+ | |||
+ | ====== Persons of Interest ====== | ||
+ | |||
+ | According to McIntosh, the subpoena indicates the plaintiffs want to see a comprehensive amount of information he may possess, including all his communications with: | ||
+ | * **Peters**, Axanar' | ||
+ | * **Robert Meyer Burnett**, putative director of the feature film, //Axanar//, and editor of the short, //Prelude to Axanar//. | ||
+ | * **[[imdb> | ||
+ | * **[[imdb> | ||
+ | * **[[imdb> | ||
+ | * **Diana Kingsbury**, | ||
+ | * **[[imdb> | ||
+ | * **[[imdb> | ||
+ | |||
+ | ===== Other Subpoena Targets ===== | ||
+ | |||
+ | McIntosh said he believed the appearance of those specific names on his subpoena "means they' | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | ==== Infringing Activities ==== | ||
+ | |||
+ | The involvement of the above people conforms to allegations made by the plaintiffs in their legal complaint against Axanar regarding the production' | ||
+ | * Writing scripts | ||
+ | * Producing or directing the infringing films | ||
+ | * Design or oversight of design of: | ||
+ | * Sets | ||
+ | * Costumes | ||
+ | * Props | ||
+ | * Makeup | ||
+ | * Other elements in works derived from Star Trek's copyright.((Paramount/ | ||
+ | |||
+ | ===== Deposition Costs ===== | ||
+ | |||
+ | In-person depositions are a particularly costly part of the [[discovery]] process, involving expenses for travel for all the attorneys involved and any necessary support staff, local court reporting system costs — itself costing at least $1,000 a day — and transcriptions from the video recording of the deposition. {{: | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |