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— | order_fact_check [2016/11/01 17:34] – [Privilege Log] Carlos Pedraza | ||
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+ | <WRAP rightalign> | ||
+ | {{:: | ||
+ | <wrap lo>< | ||
+ | </ | ||
+ | {{TOC}} | ||
+ | < | ||
+ | // | ||
+ | </ | ||
+ | ====== Was Ex Parte Ruling an Axanar Victory? ====== | ||
+ | <wrap lo>**By [[user> | ||
+ | |||
+ | Right after a federal magistrate issued an October 31, 2016, ruling ostensibly denying CBS and Paramount' | ||
+ | |||
+ | <wrap lo>//See also: [[emergency_motion|Court Orders Peters Deposition, Other Plaintiff Requests]]//</ | ||
+ | |||
+ | The magistrate' | ||
+ | |||
+ | <WRAP center box 90%> | ||
+ | <wrap lo> | ||
+ | Axanar wins another small legal battle as CBS/ | ||
+ | </ | ||
+ | |||
+ | He went on to elaborate in the Axanar Fan Group on Facebook: | ||
+ | |||
+ | > {{:: | ||
+ | |||
+ | {{page> | ||
+ | |||
+ | ===== Peters' | ||
+ | |||
+ | In the course of deposing //Prelude to Axanar// director [[gossett-subpoena|Christian Gossett]] on October 22, the plaintiffs discovered a trove of emails the defense had failed to turn over, prompting the studios' | ||
+ | |||
+ | Here's a fact check of Peters' | ||
+ | |||
+ | <WRAP todo> | ||
+ | < | ||
+ | //**__True or False? | ||
+ | </ | ||
+ | |||
+ | <wrap em> | ||
+ | - Two-hour limit to the deposition. | ||
+ | - Questions limited to asking questions about documents received after his last deposition [October 19]. | ||
+ | |||
+ | [[federal_magistrate_judge_charles_f._eick|Federal Magistrate Judge Charles F. Eick]], however, ruled differently, | ||
+ | - A five-hour limit. | ||
+ | - No restrictions on what Peters could be asked. | ||
+ | |||
+ | The win described by Peters neatly fails to mention that the whole reason for the additional deposition was his initial failure to disclose the hundreds of pages of his emails Gossett had turned over to the plaintiffs on October 22. According to Ranahan' | ||
+ | </ | ||
+ | |||
+ | ===== Loosening Restrictions on Financial Information ===== | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | CBS and Paramount had sought to broaden the number of people allowed to view the financial summary Peters said had been prepared by his accountant showing how he spent the money donated by Star Trek fans for the production of the //Prelude to Axanar// short film and the //Axanar// feature. | ||
+ | |||
+ | The financials were marked " | ||
+ | |||
+ | Peters claimed the defense had already indicated its willingness to loosen restrictions on the financial information, | ||
+ | |||
+ | <WRAP todo> | ||
+ | < | ||
+ | //**__True or False? | ||
+ | </ | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | In her motion opposing the ex parte motion, Ranahan noted for the court that she had just turned over to the plaintiffs a " | ||
+ | |||
+ | While Peters' | ||
+ | |||
+ | > These were preliminary notes from Quicken and were not a final accounting, which is still being prepared. Despite Defendants’ position that these documents lack any relevance to this case, Defendants produced the financial information they had available at the time in an effort to be cooperative and avoid wasting the Court’s time on discovery disputes. Defendants fully intend to seek to exclude these expenditures before trial.((Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Order, p. 7, 10/28/16.)) | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | * **Financial " | ||
+ | |||
+ | > The only document Mr. Peters has turned over relating to the expenditure of the $1.4 million he raised from Star Trek fans to create //Star Trek: Axanar// is a financial summary prepared by his accountant. … This document shows the amounts and dates on which Mr. Peters paid himself and his colleagues, and paid for his personal expenses with funds from Star Trek fans.((Plaintiffs’ Ex Parte Application for Order, Memorandum of Points and Authorities, | ||
+ | |||
+ | The judge' | ||
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+ | * **Reviewed by Accountant**. The plaintiffs' | ||
+ | |||
+ | > The financials are complete and have been reviewed by an accountant and show me not having taken one dollar from Axanar over the TWO AND A HALF YEARS I have worked full time on this project. Every dollar donated is accounted for.(([[https:// | ||
+ | |||
+ | * **Preliminary Quicken Notes**. In her opposition brief Ranahan described the earlier records named in the ex parte motion as " | ||
+ | * **Revised Quicken Notes**. The defense appeared to have handed over a new set of documents, described as "a revised version of Mr. Peters' | ||
+ | </ | ||
+ | |||
+ | |||
+ | [{{ : | ||
+ | |||
+ | ===== Privilege Log ===== | ||
+ | |||
+ | CBS and Paramount had sought a log of communications Peters had had with lawyers after he revealed in his earlier deposition that he had consulted counsel prior to the copyright lawsuit. Studio attorney David Grossman, said he had been led by Ranahan to believe there had been no such communication. | ||
+ | |||
+ | She denied that in her opposition motion, and asserted the studios' | ||
+ | |||
+ | <WRAP todo> | ||
+ | < | ||
+ | //**__True or False? | ||
+ | </ | ||
+ | <wrap em> | ||
+ | |||
+ | This item turned out to be a wash. The plaintiffs believed the defense had misled them, and Ranahan argued persuasively that the disagreement was over details, not about providing such a log. Each side got what they wanted. {{: | ||
+ | </ | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |