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summary_judgment [2016/11/19 23:51] – [Timeline] updates graphic Carlos Pedraza | summary_judgment [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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//**__ __**// <wrap lo>**By [[user> | //**__ __**// <wrap lo>**By [[user> | ||
- | <wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' | + | <wrap lo>//See also: [[summary_motions_filed|Plaintiffs Cite Peters' |
- | Both sides in Axanar's Star Trek [[copyright infringement]] suit signaled | + | 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 |
- | ===== Early End to Lawsuit | + | ===== Hearing Canceled |
- | [{{ : | + | The scheduling order noted that the hearing was taken "off the motion calendar. No appearances |
- | A motion for summary judgment | + | {{page>summary judgment |
- | > [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 | + | By that date, attorneys had filed opposition briefs to one another' |
- | In Axanar' | + | <wrap lo>// |
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+ | ===== Judge' | ||
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+ | Cancellation of the hearing means the judge' | ||
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+ | [{{ : | ||
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+ | ==== Hearing Habits ==== | ||
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+ | 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: | ||
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+ | > [He] cancels hearings at the last minute when he knows you've got a distance to go — then takes papers on submission anyway.((Comment # | ||
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+ | Klausner similarly canceled a scheduled hearing earlier in the Axanar case regarding the defense' | ||
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+ | 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 | ||
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+ | ==== Summary Judgments ==== | ||
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+ | While motions for summary judgments are generally not granted, one lawyer noted that Klausner' | ||
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+ | > Great judge who makes the legal system | ||
===== Timeline ===== | ===== Timeline ===== | ||
- | Federal courts follow [[https:// | + | Federal courts follow [[https:// |
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- | {{:: | + | {{: |
- | <wrap lo> | + | <wrap lo> |
</ | </ | ||
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+ | ==== Earlier Filings ==== | ||
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+ | Lawyers filed replies on December 5, 2016, to one another' | ||
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+ | The first replies to one another' | ||
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+ | The two sides filed their separate summary judgment motions November 16. The November 28 filings were briefs of opposition to one another' | ||
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+ | ===== Early End to Lawsuit ===== | ||
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+ | A motion for summary judgment is a means for one party bring an early end to a lawsuit: | ||
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+ | [{{ : | ||
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+ | > [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:// | ||
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+ | 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. | ||
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===== What's In the Motion? ===== | ===== What's In the Motion? ===== | ||
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- | **Keywords** {{tag> | + | **Keywords** {{tag> |