Supplemental Memoranda to Axanar Motion to Compel Discovery

Supplemental Memoranda to Axanar Motion to Compel Discovery

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Supplemental Memoranda are pretty much as the name implies. Because we just didn’t barf enough verbiage out last time! In all seriousness, people, enough trees have died already.

However, there are more documents. And I am here to get us all through them. These documents supplement a discovery motion which will be heard and decided by Magistrate Judge Charles F. Eick (Judge Klausner is still assigned to the case, but he won’t handle this motion).

So we will start with plaintiffs’ supplemental memorandum, mainly because it’s mercifully shorter.

Plaintiffs’ Page 1

First of all, as always, we have a cover page. And there’s nothing new here. As before, Jennifer Jason handles this motion. However, these accompanying documents were probably prepared with lead attorney Jonathan Zavin. At the very least, he most likely reviewed them.

Supplemental Memoranda

Supplemental Memoranda – Plaintiff’s Memorandum, Page 1

Plaintiffs’ Page 2

So basically Jason reiterates what she said previously. And frankly, I have no idea whatsoever why any of this has to be repeated. Because it seems more than a little bit over the top. And it feels like a waste of everyone’s time. Jason reiterates:

As explained in the Joint Stipulation, Defendants’ Motion to Compel should be denied for several reasons.

As a preliminary matter, for various items: (1) Defendants are moving to compel production of documents that do not exist; (2) Plaintiffs have already agreed to provide the requested information and documents; and (3) Defendants failed to meet and confer. There is no basis for Defendants to move to compel with respect to these requests.

And if you think this memo is on instant replay, you’d be right. Furthermore, plaintiffs make the same objections as to breadth and burden, and relevancy and proportion.

However, the document gives us one helpful additional piece of information, which I will cover on the next page.

Plaintiffs’ Page 3

… since the time that the parties filed the Joint Stipulation, Defendants have taken the depositions of the corporate witnesses for Plaintiffs Paramount Pictures Corporation (“Paramount”) and CBS Studios Inc. (“CBS”). In those depositions, with the exception of one question. Plaintiffs allowed the corporate witnesses to answer every single inquiry posed to them except those that would reveal attorney-client privileged information. This includes information that is the subject of the Joint Stipulation. Specifically, Plaintiffs’ witnesses answered questions about their enforcement history relating to their copyrighted works (Subject Matter No. 19) and their policies to police their works from copyright infringement (Subject Matter No. 21).

So here’s the deal. The Joint Stipulation was filed on September 29. And this document was filed (as were the others, infra) on October 7.

And as for the question they objected to, it was about expected revenues from a film (and the defense did not ask about the actual revenues from a film, which plaintiffs would have allowed. Although I do not know for certain, I expect this would be Star Trek: Beyond).

While this isn’t a lot of new information, it does get one last nugget in under the wire. So let’s move onto the other side.

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Janet Gershen-Siegel

Jespah (Janet) is our Social Media Director. She has her Master's in Communications (Social Media) from Quinnipiac University and is one of the Klingons of Long Island. She's a retired lawyer, too.

She's also a published author (Untrustworthy, published by Riverdale Avenue Books; QSF Discovery 2 Anthology, published by Mischief Corner Books; and The Longest Night Watch Anthology 1 & 2, published by Writers Colony Press), and a prolific fan fiction writer. You can find her adding her fanfiction to our forums, or live tweeting our show.

We understand that she can be bribed with pie.
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Janet Gershen-Siegel

Jespah (Janet) is our Social Media Director. She has her Master's in Communications (Social Media) from Quinnipiac University and is one of the Klingons of Long Island. She's a retired lawyer, too. She's also a published author (Untrustworthy, published by Riverdale Avenue Books; QSF Discovery 2 Anthology, published by Mischief Corner Books; and The Longest Night Watch Anthology 1 & 2, published by Writers Colony Press), and a prolific fan fiction writer. You can find her adding her fanfiction to our forums, or live tweeting our show. We understand that she can be bribed with pie.

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