Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree.

Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title.

She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need.

She can always be bribed with pie.

Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief

So the Axanar Defense Response came in quickly (the parties were under a strict deadline!). And as expected, the response drags on but defense had to do it right quick. So as always, we’ll go through it line by line. It’s huge – sorry! Furthermore, this post is the sequel to the plaintiffs’ ex parte application for an order and the David Grossman declaration and exhibits.

Axanar Defense Response

Page 1

First of all, as always, we start with a good old cover page.

Axanar Defense Response to Plaintiffs' Request for Ex Parte Relief

Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief, Page 1

Page 7

And herein defense says their opponents did not engage in a meaningful dialogue regarding discovery (see the Grossman exhibits for an opposing viewpoint).

Axanar Defense Response to Plaintiffs' Request for Ex Parte Relief

Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief, Page 7

Page 8

So when we get to this page (the discussion continues from the previous page, supra), defense brings up the question about de-designating the Peters Quicken documents regarding the Prelude and Axanar financials. Ranahan claims:

How Defendants specifically spent funds that were donated by
enthusiastic fans for Axanar projects—one of which is not even complete because this
lawsuit interrupted it—has no bearing on any issue in this case. Plaintiffs obviously
have no standing to scrutinize or complain about money not going to the fan film they
are trying to shut down.

With all due respect to the defense attorney, she’s wrong. The financials go directly to personal financial benefit, which is what the plaintiffs are suing about in the first place.

Axanar Defense Response to Plaintiffs' Request for Ex Parte Relief

Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief, Page 8

Page 9

Finally, on this page, defense counsel draws her conclusion.

Axanar Defense Response to Plaintiffs' Request for Ex Parte Relief

Axanar Defense Response to Plaintiffs’ Request for Ex Parte Relief, Page 9

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree. Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title. She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need. She can always be bribed with pie.

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