An agreement by both sides to give more time in the copyright infringement case against a proposed Star Trek fan-film was denied Friday.
R. Gary Klausner denied a request by CBS Corp. and Paramount Pictures to extend a deadline responding to a motion from Axanar Productions Inc. and Alec Peters to dismiss the case.
The studios requested the time because attorney David Grossman was involved in another unrelated trial he said would complicate the timeline in filing the response. That would have moved the hearing on Axanar’s motion to dismiss from March 21 to April 11.
More importantly, however, that means CBS and Paramount had until Monday to file a response to the motion, which Axanar attorney Erin Ranahan called the studios’ case against her client premature.
Without the extension, Axanar’s deadline for rebuttal remained March 7, with a final hearing on the dismissal motion scheduled for March 21. If CBS/Paramount filed a response, it was not yet made publicly available electronically by late Monday evening.
CBS and Paramount filed the lawsuit against Axanar and Peters in 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 for “Star Trek: Axanar,” and has yet to begin filming or even casting.
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