Two days after the attorney representing Axanar Productions Inc. and Alec Peters made her attempt to get the copyright infringement lawsuit against her client dismissed, the studios who levied the complaint in the first place have asked for a little more time.
CBS Corp. and Paramount Pictures Inc. told Judge R. Gary Klausner that both sides have agreed to a two-week delay, providing extra time for the studios to respond to the technical allegations Axanar pro bono attorney Erin Ranahan laid out in a motion to dismiss the case on Monday. If the judge agrees, that would move the deadline for CBS and Paramount’s response from Feb. 29 to March 11.
That, of course, will create a domino effect for the rest of the proceedings. That means Ranahan’s rebuttal deadline would move from March 7 to March 28, and an actual hearing on the matter would move from March 21 to April 11, meaning it likely will be well after Easter before Klausner makes a ruling on the defense motion.
David Grossman, the Loeb & Loeb attorney representing CBS and Paramount, cited another unrelated trial that he and his legal team are involved with that would complicate the timeline in filing a response.
Although Ranahan and her team have agreed to the delay, it will still be up to Klausner to rule on the new schedule, which he has yet to do.
CBS and Paramount filed the lawsuit against Axanar and Peters last December, saying that the fan-film the two were creating was copyright infringement. The Axanar efforts raised more than $1.1 million in crowdfunding more than a year ago, and has yet to begin filming or even cast.
The defense motion to strike or dismiss is typically a standard procedure used by defendants, according to legal observers, to test whether a plaintiff’s suit meets the minimum technical requirements of filing. In the rare case a judge does grant a dismissal, or even the striking down of some parts of the original complaint, a plaintiff can simply correct its lawsuit and refile. But that does reset the legal clock, potentially adding time and cost to both sides of the dispute.
h/t to Janet Gershen-Siegel