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summary_judgment [2016/11/14 12:46] – [What's In the Motion?] adds partial judgment section Carlos Pedrazasummary_judgment [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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-====== Motions for Summary Judgment ======+====== Judge Cancels Summary Judgment Hearing ======
  
 //**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap> //**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
  
-Both sides in Axanar's Star Trek [[copyright infringement]] suit signaled [[joint_statement#joint_report|their intent]] in May to seek a summary judgment from U.S. district court Judge Gary Klauser in motions expected by November 16, 2016.+<wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' Shocking Personal Spending in Asking Judge for Summary Judgment]] and [[defense_summary-filing|Axanar Defense Also Asks Judge for Summary Judgment]]//</wrap>s
  
-===== Early End to Lawsuit =====+Federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] canceled the schedule summary judgment hearing, according to a scheduling order posted December 14, 2016. The hearing — oral arguments by attorneys for defendants [[Alec Peters]] and his company, [[Axanar Productions]] and for plaintiffs [[CBS]] and [[paramount_pictures|Paramount Pictures]] — was to have been held December 19 in Los Angeles.
  
-[{{ :jonathanzavin2.jpg?direct&200|CBS and Paramount are represented by lead attorney **Jonathan Zavin** of the law firm [[Loeb & Loeb]].}}]+===== Hearing Canceled =====
  
-A motion for summary judgment is a means for one party bring an early end to a lawsuit:+The scheduling order noted that the hearing was taken "off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings."((Docket 114, Paramount Pictures Corporation et al v. Axanar Productions, Inc. et al, 12/14/16.))
  
-> [The motion] is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party. \\ \\ In order to win an [motion for summary judgment], the moving party must show that: \\ • There are no facts which can reasonably be disputed; or \\ • Anyone looking at the facts and applying law would rule in favor of the moving party.(([[http://research.lawyers.com/summary-judgment-motion.html|Summary Judgment Motion, Lawyers.com]], retrieved 11/11/16.))+{{page>summary judgment box}}
  
-In Axanar's case, both its attorney and lawyers for plaintiffs [[CBS]] and [[paramount_pictures|Paramount]] planned to submit their own summary judgment motion, requiring a complicated exchange of legal briefs, as shown in the timeline below.+By that date, attorneys had filed opposition briefs to one another's motions (the [[summary_motions_filed|studios' motion]] was only for a partial summary judgment) and replied with rebuttals to that opposition. 
 + 
 +<wrap lo>//[[axam>tag:summary_judgment&do=showtag&tag=summary_judgment|Read AxaMonitor's coverage of the summary judgment motions]]//</wrap> 
 + 
 +===== Judge's Decision ===== 
 + 
 +Cancellation of the hearing means the judge's decision could come at any time. He could rule for or against either side's motion, based on the arguments and evidence already submitted, or he may issue a ruling of his own. He could also make a summary judgment on only the parts of the case where he believes material facts aren't disputed and send the rest of the case to a jury for its findings on facts. 
 + 
 +[{{ :judgeklausner.jpg?nolink|**Judge R. Gary Klausner**. [[judge_r._gary_klausner|Profile]]}}] 
 + 
 +==== Hearing Habits ==== 
 + 
 +In keeping with his reputation as a no-nonsense judge, canceling hearings is not new for Klausner. One attorney wrote in the judicial rating site, The Robing Room: 
 + 
 +> [He] cancels hearings at the last minute when he knows you've got a distance to go — then takes papers on submission anyway.((Comment #21953, [[http://www.therobingroom.com/Judge.aspx?ID=54|The Robing Room: Judge R. Gary Klausner]], retrieved 12/14/16.)) 
 + 
 +Klausner similarly canceled a scheduled hearing earlier in the Axanar case regarding the defense's [[motion to dismiss]] the case, going on to roundly reject most of the arguments by defense counsel [[Erin Ranahan]]. 
 + 
 +While it's impossible to know how the judge will rule, it is clear that between three rounds of court filings regarding the summary judgment motions he had heard enough. His ruling could come at any time. The case is otherwise scheduled for trial on January 31, 2017. 
 + 
 +==== Summary Judgments ==== 
 + 
 +While motions for summary judgments are generally not granted, one lawyer noted that Klausner's penchant for efficiency makes it more likely he would make some kind of summary ruling: 
 + 
 +> Great judge who makes the legal system as efficient as can be. He is fair on evidence and treats each party equally. <wrap hi>He is also not hesitant on granting motions for summary judgment, which is helpful when your client is spending lots of money to defend a meritless case</wrap>. ((Comment #13274, [[http://www.therobingroom.com/Judge.aspx?ID=54|The Robing Room: Judge R. Gary Klausner]], retrieved 12/14/16.))
  
 ===== Timeline ===== ===== Timeline =====
  
-Federal courts follow [[https://www.law.cornell.edu/rules/frcp/rule_56|rules]] outlining deadlines for the legal filings required to support summary judgment motions. {{ :view-charts.png?nolink|Rotate your mobile device to view the full chart.}}The timeline below describes what happens at each stage of consideration for the motions, with each side allowed to argue against the other's motion, and then to rebut the opposition. Finally, the attorneys deliver oral arguments before [[judge_r._gary_klausner|Judge Klausner]].+Federal courts follow [[https://www.law.cornell.edu/rules/frcp/rule_56|rules]] outlining deadlines for the legal filings required to support summary judgment motions. {{ :view-charts.png?nolink|Rotate your mobile device to view the full chart.}}The timeline below describes what happens at each stage of consideration for the motions, with each side allowed to argue against the other's motion, and then to rebut the opposition. Normally, attorneys deliver oral arguments before a judge, though not in this case.
  
-<WRAP box> +<WRAP> 
-{{::summary-timeline.jpg?direct|Timeline for Summary Judgment}} \\ +{{:summary-timeline-2.png?direct|Timeline for Summary Judgment}} \\ 
-<wrap lo>**THIS TIMELINE** lays out the events regarding motions for summary judgment both sides signaled they intended to file by the November 16 deadline. <wrap lo>//Click the image to view full size.//</wrap></wrap>+<wrap lo>**THIS TIMELINE** lays out the events regarding motions for summary judgment both sides submitted to U.S. District Court on November 16. <wrap lo>//Click the image to view full size.//</wrap></wrap>
 </WRAP> </WRAP>
 +
 +==== Earlier Filings ====
 +
 +Lawyers filed replies on December 5, 2016, to one another's opposition for the summary judgments sought by both sides in their last filing before the scheduled hearing on the motions before federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 19 in U.S. district court in Los Angeles.
 +
 +The first replies to one another's motions for summary judgment were filed November 28 in U.S. district court in CBS and Paramount's [[copyright infringement]] lawsuit against producer [[Alec Peters]] and his Axanar Productions.
 +
 +The two sides filed their separate summary judgment motions November 16. The November 28 filings were briefs of opposition to one another's motions.
 +
 +===== Early End to Lawsuit =====
 +
 +A motion for summary judgment is a means for one party bring an early end to a lawsuit:
 +
 +[{{ :jonathanzavin2.jpg?direct&200|CBS and Paramount are represented by lead attorney **Jonathan Zavin** of the law firm [[Loeb & Loeb]].}}]
 +
 +> [The motion] is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party. \\ \\ In order to win [a motion for summary judgment], the moving party must show that: \\ • There are no facts which can reasonably be disputed; or \\ • Anyone looking at the facts and applying law would rule in favor of the moving party.(([[http://research.lawyers.com/summary-judgment-motion.html|Summary Judgment Motion, Lawyers.com]], retrieved 11/11/16.))
 +
 +Axanar submitted a [[defense_summary-filing|motion for summary judgment]], while lawyers for plaintiffs [[CBS]] and [[paramount_pictures|Paramount]] filed a motion for [[summary_fact_check|partial summary judgment]], each motion requiring a complicated exchange of legal briefs in advance of the hearing before Judge Klausner, as shown in the timeline below.
 +
 ===== What's In the Motion? ===== ===== What's In the Motion? =====
  
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 In response to the studios' legal complaint, Axanar filed a [[plaintiffs_answer|counterclaim]] in May, and it's likely the defendants will use the counterclaim as the basis for their own motion for summary judgment. In response to the studios' legal complaint, Axanar filed a [[plaintiffs_answer|counterclaim]] in May, and it's likely the defendants will use the counterclaim as the basis for their own motion for summary judgment.
 +
 ===== Undisputed Facts ===== ===== Undisputed Facts =====
  
-Each side marshals the evidence it has gathered from [[discovery]], compares it to evidence presented by opposing counsel and argues before the judge that the material facts of the case are not disputed:+Each side marshals the proof it has gathered from [[discovery]], compares it to evidence presented by opposing counsel and argues before the judge that the material facts of the case are not disputed:
  
 > Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for the opposing party to prevail if the matter were to proceed to trial.(([[https://www.nolo.com/dictionary/summary-judgment-term.html|Nolo's Plain-English Law Dictionary, Summary Judgment]], retrieved 11/11/16.)) > Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for the opposing party to prevail if the matter were to proceed to trial.(([[https://www.nolo.com/dictionary/summary-judgment-term.html|Nolo's Plain-English Law Dictionary, Summary Judgment]], retrieved 11/11/16.))
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 > A party is allowed to use all of the information obtained during the discovery phase of the lawsuit, including, without limitation, deposition testimony, answers to [[discovery#discovery plan|interrogatories]] and answers to requests for production. The parties may also utilize affidavits from experts to support the motion or opposition to the motion for summary judgment.(([[http://www.cochranfirm.com/what-is-a-motion-for-summary-judgment/|What is a Motion for Summary Judgment? The Cochran Firm]], retrieved 11/11/16.)) > A party is allowed to use all of the information obtained during the discovery phase of the lawsuit, including, without limitation, deposition testimony, answers to [[discovery#discovery plan|interrogatories]] and answers to requests for production. The parties may also utilize affidavits from experts to support the motion or opposition to the motion for summary judgment.(([[http://www.cochranfirm.com/what-is-a-motion-for-summary-judgment/|What is a Motion for Summary Judgment? The Cochran Firm]], retrieved 11/11/16.))
  
-According to the federal court's local rules the court could allow witness testimony in the hearing.(([[https://www.cacd.uscourts.gov/sites/default/files/documents/LRs%20Effective%202015%20December%201%20-%20Chapter%201_0.pdf|F.R.Civ.P. 56. Summary Judgment, Local Rules, Central District of California]], Chapter I - 21, 12/1/15.))+According to the federal court's local rules the court could call for  witness testimony in the hearing.(([[https://www.cacd.uscourts.gov/sites/default/files/documents/LRs%20Effective%202015%20December%201%20-%20Chapter%201_0.pdf|F.R.Civ.P. 56. Summary Judgment, Local Rules, Central District of California]], Chapter I - 21, 12/1/15.))
  
-The motions and subsequent hearing will mark the first public disclosure of at least some of the evidence gathered by both sides in discovery, which concluded on November 2.+The motions and subsequent hearing will mark the first public disclosure of at least some of the potential evidence gathered by both sides in discovery, which concluded on November 2.
  
 ==== Factual Disputes ==== ==== Factual Disputes ====
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-**Keywords** {{tag>lawsuit legal defendants parties plaintiffs}}+**Keywords** {{tag>lawsuit legal defendants parties plaintiffs summary_judgment infographics}}