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Axanar David Grossman Declaration and Exhibits
The David Grossman Declaration was added as a part of the recent Application for an Ex Parte order.
There are a lot of documents here; we’ll get through them together, page by page, okay? This blog post paginates so it won’t load a ton of images every time.
David Grossman Declaration
So as always (and no great surprise here), we start with a cover page.
And now we get into a declarations page. Some of these are required statements, such as Grossman stating he holds a California license to practice law. Most noteworthy, Grossman states:
On or about September 7, 2016, Defendants made their first production. Defendants’ document production included emails but many of those emails were communications from donors to Mr. Peters’ crowdfunding campaigns for the Axanar Works and Defendants’ production contained less than 200 emails that did not relate to donor communications. Very few emails related to the creative decisions that were made relating to the Axanar Works, the funds that were spent in connection with the Axanar Works, or the source materials that were being used in order to create Defendants’ “independent Star Trek film.”
And this statement marks the first time we see donor emails as a part of the record. So are they relevant? Hard to say without the specifics.
Attorney Grossman adds that there a ledger-type document was marked ‘Highly Confidential’ by defense. This document purportedly shows how Kickstarter and IndieGoGo funds were spent.
And on this page, Grossman makes a few points (summarized by me):
- Defense counsel Erin Ranahan refused to provide a privilege log
- Diana Kingsbury, Bill Hunt, Alec Peters, and Christian Gossett were all deposed in October
- Plaintiffs requested a number of documents before the Peters deposition
- However, Peters failed to produce same
And continuing from the prior page, Grossman adds:
- The parties met and conferred and plaintiffs requested a de-designation of the ledger document. The intention was to remove the ‘highly confidential’ designation.
- This ledger was related to, but not the same as, the ‘annual report’ document produced by Axanar for its donors.
- Witness Christian Gossett produced thousands of pages representing hundreds of emails between him and defendant Peters.
So to continue, Grossman added:
- The Gossett materials clarified that Peters had engaged counsel and “Mr. Peters had instructed his counsel to prepare agreements and legal documents relating to the Axanar Works.”
- Plaintiffs counsel brought this up with defense counsel again on October 24, 2016.
- In response, defense counsel Ranahan pointed to precisely one email produced by defense.
- Defense then located other documents and agreed to provide them. They also agreed to provide Peters for a second deposition, so long as the time was limited to two hours and questioning was limited to only the newly-produced documents.