Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 1 of 20 Page ID #:5292
EXHIBIT B TO RANAHAN DECLARATION IN SUPPORT OF OPPOSITION TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 2 of 20 Page ID #:5293
LOEB & LOEB LLP DAVrD GRQSSMAN (SBN 2tt326) dsrossman(Eloeb.com JENNTFERYASON (SBN 27 4t 42) iiason(Dloeb.com 'IOtOOXanta Monica Blvd., Suite 2200 Los Anseles. CA 90067 Teleoho"ne : 3 1 0. 28 2.2000 il Facsimile : 3 I 0.282.2200 ,l LOEB & LOEB LLP JONATHAN ZAVIN (admitted pro hac vice) ?l izavin(d,loeb.com 3+s Pdk Avenue I 8l New York, NY 10154 Teleohon e: 21,2.407 .4000 9 Facsimile : 212.407 .4990
10 Attornevs for Plaintiffs PARAMOUNT PICTURES 11 CORPORATION and CBS STUDIOS INC" t2
13 UNITED STATES DISTRICT COURT t4 CENTRAL DISTRICT OF CALIFORNIA
15 t6 PARAMOUNT PICTURES Case No.: 2: I 5-cv-09938-RGK-E CORPORATION, a Delaware t7 corporation; and CBS STUDIOS fNC., a D^elaware corporation, PARAMOUNT PICTURES 18 CORPORATION'S RESPONSES Plaintiffs, TO REOUESTS FOR t9 PRODUTTION, SET ONE V. 20 AXANAR PRODUCTIONS, INC., A 2l California corporation; ALEC PETERS, an individual, and DOES l-20, 22 Defendants. 23
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PARAMOLINT PICTURES CORPORATION'S
Loeb & Loeb 1000 I 558.3 RESPONSES TO REQUESTS FOR A Limited Liability Partne6hip lncluding Prof essional 202828-10048 PRODUCTION, SETONE Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 3 of 20 Page ID #:5294
1 PROPOUNDING PARTY: Axanar Productions, Inc. and Alec Peters
2 RESPONDING PARTY: Paramount Pictures Corporation a J SET NO. One
4 Plaintiff Paramount Pictures Corporation ("Paramount") hereby responds and
5 objects to Defendants Axanar Productions, Inc. and Alec Peters' ("Defendants")
6 First Set of Requests for Production of Documents ("Requests") as follows:
7 GENERAL RESPONSE AND OBJECTIONS
8 1. Paramount objects to the Requests on the grounds, and to the extent,
9 that they seek disclosure of documents or materials that are protected from
10 discovery by the attorney-client privilege, by the work product doctrine, pursuant to
11 any other applicable privilege or protection, or documents or information otherwise t2 protected from discovery. Paramount will not undertake to produce any such
13 privileged or protected documents or information, and nothing contained herein is t4 intended as, or shall be deemed to be, a waiver of any attomey-client privilege,
15 attorney work product protection, or any other applicable privilege or protection t6 from discovery. t7 2. Paramount objects to the Requests on the grounds, and to the extent,
18 that they seek documents or other materials that are not relevant to any party's claim
19 or defense and proportional to the needs of the case, and are overbroad, unduly
20 burdensome, unreasonable, vexatious, harassing and oppressive. Paramount 2l disavows any purported obligation to produce any documents or other materials that
22 are not relevant to the claims and defenses of any party asserted in this litigation, nor
23 proportional to the needs of the case. Without limiting the foregoing, Paramount
24 particularly objects to the Requests, and to various specific requests contained
25 therein, on the grounds that they are substantially overbroad as to time, including,
26 without limitation, in that they fail to provide any reasonable parameters with
27 respect to the time period encompassed by the Requests or the numerous requests
28 contained therein. Further, although Paramount is agreeing to produce various
PARAMOI.]NT PICTURES CORPORATION'S TO REQUESTS FOR Loeb & Loeb I 000 I 558.3 RESPONSES A Limiled Liability ParlneEhip SET ONE lncluding Professional 202828-t0048 PRODUCTION. Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 4 of 20 Page ID #:5295
I categories of documents in response to the Requests, no response contained herein,
2 and no agreement to produce documents in response to the Requests or any
J individual request, is intended to be, nor shall it be deemed or construed as, an
4 admission that the categories of documents sought by the Requests or by any
5 specific request contained therein, or any specific documents that may be produced,
6 are relevant to this action or should be admitted into evidence in this action.
7 Further, Paramount expressly disavows any obligation or undertaking not imposed
8 by the Federal Rules of Civil Procedure, including, without limitation, dnY
9 obligation to produce documents that, even if theoretically responsive to one or
10 more requests, are beyond the scope of permissible discovery pursuant to Rule 26(b)
11 of the Federal Rules of Civil Procedure. t2 3. Paramount generally objects to the Requests to the extent that they
13 purport to require Paramount to disclose documents and/or materials constituting or l4 containing, in whole or in part, information that is protected from disclosure by
15 rights of privacy, confidential data, trade secrets, proprietary or sensitive business t6 information, or nonpublic financial information pertaining to Paramount, its past or t7 present personnel, or other persons or entities. Paramount further objects to the
18 Request to the extent that they purport to require Paramount to disclose documents t9 andlor materials containing confidential information belonging to its employees or 20 any third parties. To the extent that Paramount is agreeing herein to produce any 2l documents in response to the Requests that constitute or contain trade secrets or 22 confidential, personal, proprietary, sensitive or nonpublic financial information,
Z5 such documents will only be produced following the entry of an acceptable
24 protective order bY the Court. extent that 25 4. Paramount objects to the Requests on the ground and to the
26 they are impermissibly compound and unintelligible to the extent that they are
27 directed at any and all entities and/or individuals potentially affiliated with
28 Paramount.
PARAMOLTNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001558.3 A Limitod Liability ParineEhip PRODUCTION, SET ONE lnc!uding Prof essional 202828-10048 Corpomtions Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 5 of 20 Page ID #:5296
I 5. Paramount objects to the Requests on the ground and to the extent that
2 they purport to impose upon Paramount an undue burden and unreasonable expense a J associated with efforts to produce, locate or preserve documents, including
4 electronically stored information ("ESI"), that are not reasonably accessible, are
5 duplicative of more accessible documents, or are duplicative of documents already
6 in the possession of Plaintiffs. Paramount further objects to the Requests on the
7 ground and to the extent that they purport to impose an obligation to preserve and/or
8 produce transient or dynamic data, such as metadata, RAM, cookies or data on
9 dynamic databases, because such data is not relevant and efforts to preserve and/or
10 produce such data, if any exists, would require an undue burden and unreasonable
11 expense. t2 6. Paramount objects to the Requests insofar as they purport to require
13 preservation and/or production of ESI that is not stored on Paramount's active I4 systems, but is stored on systems, backup tapes and other media that are no longer
15 part of normal business operations. Such ESI, to the extent any exists, is not
T6 reasonably accessible and likely is duplicative of ESI available from other more t7 readily accessible sources. Because of the lack of relevance of such ESI and the
18 cost associated with searching, preserving and accessing these data sources, if any,
19 Paramount objects to the search of the above-described ESI sources in response to
20 the Requests. preservation, 21 7. Paramount's responses are made without waiver, and with 22 of objections as to competency, relevancy, materiality, privilege, and admissibility
23 of the documents produced by Paramount for any purpose'
24 8. When Paramount responds to any individual request by stating that it
25 will produce non-privileged, responsive documents that it is able to locate following to 26 a reasonable search, such response does not mean, and should not be construed
27 suggest or imply, that any such documents necessarily exist.
28 g. Paramount also objects to the Requests to the extent that they purport to
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Lo6b & Loeb 10001558.3 A Limit€d Liability Padne6hip PRODUCTION, SET ONE lncluding Profossional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 6 of 20 Page ID #:5297
1 impose requirements on Paramount beyond those that are provided for in the Federal
2 Rules of Civil Procedure.
a J 10. Paramount has not completed its investigation of the facts or its
4 preparation for the hearing of this matter. Consequently, the following responses
5 are given without prejudice to Paramount's right to amend, correct, supplement or
6 clariff these responses atalater date. No admissions of any nature are implied or
7 should be inferred from these responses.
8 1 1. The General Response and Objections apply to and are hereby
9 incorporated into each of Paramount's specific objections, set forth below.
10 RESPONSES TO REQUESTS FOR PRODUCTION
11 REQUEST NO. 1:
T2 A11 Documents encompassed by Your disclosure obligations under Federal
13 Rule of Civil Procedure26(a)(I)(A)(ii), including any and all Documents upon t4 which You may rely in any way in this action.
15 RESPONSE TO REOUEST NO. 1:
16 Paramount incorporates its General Response and Objections as set forth t7 above.
18 Notwithstanding the foregoing objections, Paramount will produce all non- t9 privileged, responsive documents that it is able to locate following a reasonable
20 search. 2t REOUEST NO. 2:
22 A11 Documents that relate to, support, or refute any allegations in the FAC.
23 RESPONSE TO REOUEST NO. 2:
24 Paramount incorporates its General Response and Objections as set forth
25 above. Paramount objects to this request on the grounds that it is overbroad and
26 that it calls for information that is protected by the attorney-client privilege and/or
27 work product doctrine.
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PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb l 0001 558.3 A Limitod Liatility Pailno6hip PRODUCTION, SET ONE lncluding Prcfossional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 7 of 20 Page ID #:5298
1 REOUEST NO. 3:
2 A11 Documents that refer, relate to, or constitute Communications between
J You and any person or entity conceming this lawsuit or Your claims and potential
4 claims therein, including but not limited to any such Communications with CBS.
5 RESPONSE TO REOUEST NO. 3: as set forth 6 paramount incorporates its General Response and Objections extent that it calls 7 above. paramount objects to this request on the grounds and to the and work product 8 for information that is protected by the attorney-client privilege grounds and to the extent 9 doctrine. paramount further objects to this request on the disclosure by 10 that it seeks its communications with CBS, which are protected from
11 the common interest doctrine. produce all non- L2 Notwithstanding the foregoing objections, Paramount will that it is able to locate 13 privileged, responsive communications with third parties t4 following a reasonable search, except that Paramount will not produce documents
15 subject to a joint litigation privilege with CBS. t6 REOUEST NO. 4: I7 All Documents that refer, relate to, or constitute Communications between Alec Peters, or any 18 You and any person or entity concerning Axanar Productions, with CBS. t9 Axanar Work, including but not limited to any such Communications
20 RESPONSE TO REOUEST NO. 4: 2l paramount incorporates its General Response and Objections as set forth to the extent that it calls 22 above. paramount objects to this request on the grounds and privilege and work product 23 for information that is protected by the attorney-client grounds and to the extent 24 doctrine. paramount further objects to this request on the protected from disclosure by 25 that it seeks its communications with cBS, which are
26 the common interest doctrine. produce all non- 27 Notwithstanding the foregoing objections, Paramount will that it is able to locate 28 privileged, responsive communications with third parties
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001558.3 A Limited Liability Partno6hip PRODUCTION, SET ONE lncluding Professional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 8 of 20 Page ID #:5299
1 following a reasonable search, except that Paramount will not produce documents
2 subject to a joint litigation privilege with CBS.
J REOUEST NO. 5:
4 All Documents that refer, relate to, or constitute Communications between
5 You and any Defendant, including but not limited to any Documents relating to any
6 meetings between You and Alec Peters or any other current or former employee of
7 Axanar Productions.
8 RESPONSE TO REOUEST NO. 5:
9 Paramount incorporates its General Response and Objections as set forth
10 above. Paramount objects to this request on the grounds and to the extent that it calls
11 for information that is protected by the attorney-client privilege and work product t2 doctrine. Paramount further objects to this request on the grounds and to the extent
13 that it seeks its communications with CBS, which are protected from disclosure by l4 the common interest doctrine.
15 Notwithstanding the foregoing objections, Paramount will produce all non- t6 privileged, responsive documents that it is able to locate following a reasonable I7 search.
18 REQUEST NO. 6:
19 A11 Documents that refer, relate to, or constitute Your ownership, rights, title,
20 andlor interest in and to all of the Star Trek Copyrighted Works that You contend 2l Defendants have infringed, including but not limited to all Documents that refer, 22 relate to, or constitute the chain of title in such works, including but not limited to
23 any transfers of title between or among Plaintiffs, Viacom, Inc., Desilu Productions,
24 and Gene Roddenberry.
25 RESPONSE TO REQUEST NO. 6: 26 Paramount incorporates its General Response and Objections as set forth
27 above. Paramount objects to this Request to the extent that it seeks documents that
28 are not relevant to any party's claim or defense, nor proportional to the needs of the
PARAMOUNT PICTURES CORPORATION'S
Losb & Losb 10001558.3 7 RESPONSESTOREQUESTSFOR A Limited Llability Partne6hiP SET ONE lncluding Prof sssional 202828-10048 PRODUCTION, Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 9 of 20 Page ID #:5300
and unduly 1 case. Paramount objects to this request on the ground that is overbroad
2 burdensome in calling for all documents that "refer, relate to, or constitute the chain a J of title" in dozens of copyrighted works.
4 Notwithstanding the foregoing objections, Paramount will produce all non- reasonable 5 privileged, responsive documents that it is able to locate following a
6 search.
7 REQUEST NO. 7: made by any 8 A11 Documents that refer, relate to, or constitute any challenge in or to any 9 person or entity regarding Your ownership, rights, title, and/or interest have infringed, 10 of the Star Trek Copyrighted Works that You contend Defendants cease or desist letter 11 including but not limited to any lawsuit filed or threatened, t2 received, or any other written or oral Communications related thereto.
13 t4 paramount incorporates its General Response and Objections as set forth is overbroad, unduly 15 above. paramount objects to this request on the ground that it or t6 burdensome, and seeks documents that are not relevant to any party's claim t7 defense, nor proportional to the needs of the case'
18 REOUEST NO. 8: t9 All Documents that refer, relate to, or constitute acts by Defendants which to all 20 you contend constitute copyright infringement, including but not limited 2l Documents relating to Your contentions in paragraph 55 of the FAC' 22 as set forth 23 paramount incorporates its General Response and Objections
24 above. will produce all non- 25 Notwithstanding the foregoing objections, Paramount a reasonable 26 privileged, responsive documents that it is able to locate following
27 search.
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PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001s58.3 A Limitod Liability PartneEhip PRODUCTION, SET ONE lncluding Prof essional 202828-10048 CorpoElions Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 10 of 20 Page ID #:5301
1 REQUEST NO. 9:
2 A11 Documents that refer or relate to the creation and development of the
a 3 Klingon language.
4 RESPONSE TO REOUEST NO. 9:
5 Paramount incorporates its General Response and Objections as set forth
6 above. Paramount objects to this request on the ground that it is overbroad, unduly
7 burdensome, and seeks documents that are not relevant to any party's claim or
8 defense, nor proportional to the needs of the case.
9 Notwithstanding the foregoing objections, Paramount will produce all non- t0 privileged, responsive documents that it is able to locate following a reasonable
11 search. I2 REOUEST NO. 10:
13 All Documents that refer or relate to the use of the Klingon language by any t4 other person or entity, including members of the public.
15 RESPONSE TO REOUEST NO. 10: t6 Paramount incorporates its General Response and Objections as set forth t7 above. Paramount objects to this request on the ground that it is overbroad, unduly
18 burdensome, and seeks documents that are not relevant to any party's claim or
T9 defense, nor proportional to the needs of the case.
20 Notwithstanding the foregoing objections, Paramount will produce
2T agreements that it has entered into with third parties relating to the use of the
22 Klingon language.
23 REOUEST NO. 11:
24 All Documents that refer, relate to, or constitute contracts, written
25 agreements, or any other Correspondence between You and the authors of the Star
26 Trek Copyrighted Works, including but not limited to Lee Erwin, Jerry Sohl,
27 Pamela Sargent, and George Zebrowski.
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PARAMOTINT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 100015s8.3 A Limited Liability PadneEhiP PRODUCTION, SET ONE lncluding Profe$ional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 11 of 20 Page ID #:5302
1 RESPONSE TO REQUEST NO. 11:
2 Paramount incorporates its General Response and Objections as set forth
J above. Paramount objects to this request on the ground that the term "author" is
4 vague, and the request is overbroad, unduly burdensome, and seeks documents that
5 are not relevant to any party's claim or defense, nor proportional to the needs of the
6 case. Paramount further objects to the request to the extent that it purport to require
7 the disclosure of documents containing information that is protected from disclosure
8 by rights of privacy, confidential data,trade secrets, proprietary or sensitive business
9 information, or nonpublic financial information pertaining to Paramount, its past or
10 present personnel, or other persons or entities. redacted 11 Notwithstanding the foregoing objections, Paramount will produce t2 versions of agreements with Lee Erwin, Jerry Sohl, Pamela Sargent, and George
13 Zebrowski.
1,4 REOUEST NO. I.2:
15 All Documents that refer, relate to, or constitute contracts, written t6 agreements, or any other Correspondence between You and the actors that played t7 the characters that You claim Defendants have infringed, including but not limited
18 to the actors who played Garth of lzar, Soval, Richard Robau, Captain Robert April, t9 Chang, Sarek, and John Gill. 20 RESPONSE TO REOUEST NO. 12: 2t Paramount incorporates its General Response and Objections as set forth
22 above. Paramount objects to this request on the ground that it is overbroad, unduly
23 burdensome, and seeks documents that are not relevant to any party's claim or
24 defense, nor proportional to the needs of the case. Paramount funher objects to the
25 request to the extent that it purport to require the disclosure of documents containing
26 information that is protected from disclosure by rights of privacy, confidential data,
27 trade secrets, proprietary or sensitive business information, or nonpublic financial
28
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001558.3 10 A Limited Liability PartneEhiP PRODUCTION, SETONE lncluding Prof 6ssional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 12 of 20 Page ID #:5303
I information pertaining to Paramount, its past or present personnel, or other persons
2 or entities. a J Notwithstanding the foregoing objections, Paramount will produce redacted
4 versions of the agreements with the actors who played Garth of lzar, Soval, Richard
5 Robau, Captain Robert April, Chang, Sarek, and John Gill'
6 REOUEST NO. 13: claim 7 A11 Documents that refer, relate to, or constitute any harm or injury You FAC. 8 to have suffered as a result of Defendants' actions as alleged in the
9 RESPONSE TO REOUEST NO. 13: t0 paramount incorporates its General Response and Objections as set forth
11 above. l2 Notwithstanding the foregoing objections, Paramount will produce all non- a reasonable 13 privileged, responsive documents that it is able to locate following t4 search.
15 REOUEST NO. 14: the t6 All Documents that refer or relate to the commercial impact, if any, that films t7 promotion, production, or release of fan films, including but not limited to fan the works from which 18 inspired by Star Trek, has had or might have on the value of t9 the fan films are inspired, including but not limited to the Star Trek Copyrighted
20 Works.
2L RESPONSE TO REQUEST NO. 1.4: as set forth 22 paramount incorporates its General Response and Objections it is overbroad, unduly 23 above. paramount objects to this request on the ground that any party's claim or 24 burdensome, and seeks documents that are not relevant to funher objects to this 25 defense, nor proportional to the needs of the case. Paramount ambiguous' 26 Request on the grounds that the term "fan films" is vague and
27
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PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001s58.3 1t A Limitsd Liability PartneEhip PRODUCTION, SET ONE lncluding Professional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 13 of 20 Page ID #:5304
produce all non- 1 Notwithstanding the foregoing objections, Paramount will
2 privileged, responsive documents that it is able to locate following a reasonable a J search.
4 REOUEST NO. 15: that 5 A11 Documents that refer, relate to, support, or refute Your contention
6 Defendants are tiable for willful infringement pursuant to 17 U.S.C. $ 50a(c).
7 RESPONSE TO REOUEST NO. 15: as set forth 8 paramount incorporates its General Response and Objections
9 above. produce all non- 10 Notwithstanding the foregoing objections, Paramount will a reasonable 11 privileged, responsive documents that it is able to locate following t2 search.
13 REOUEST NO. 16: contention in T4 A11 Documents that refer, relate to, support, or refute Your parody, nor do they 15 paragraph 50 of the FAC that "[t]he Axanar Works are not a
16 constitute fair use of the Star Trek Copyrighted Works'" t7 RESPONSE TO REOUEST NO. 16: as set forth 18 paramount incorporates its General Response and Objections t9 above. all non- 20 Notwithstanding the foregoing objections, Paramount will produce 2t privileged, responsive documents that it is able to locate following a reasonable 22 search.
23 REOUEST NO. 1?:
24 A11 Documents that refer or relate to fan films inspired by Star Trek.
25 as set forth 26 paramount incorporates its General Response and Objections unduly 27 above. paramount objects to this request on the ground that it is overbroad, party's claim or 28 burdensome, and seeks documents that are not relevant to any
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb r00015s8.3 12 A Limited Liability PsrlneEhip PRODUCTION, SET ONE lncluding Professional 202828-10048 CorpoEtionS Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 14 of 20 Page ID #:5305
1 defense, nor proportional to the needs of the case. Paramount further objects to this
2 Request on the grounds that the term "fan films" is vague and ambiguous.
J Notwithstanding the foregoing objections, Paramount will produce allnon-
4 privileged, responsive documents from 20tl until present that it is able to locate
5 following a reasonable search.
6 REQUEST NO. 18:
7 A1l Documents that refer or relate to Your decision whether to pursue legal
8 action, including but not limited to sending DMCA takedown notices, sending cease
9 and desist letters, and/or filing lawsuits, with respect to fan films inspired by Star
10 Trek, including but not limited to Star Trek: Hidden Frontier, Starship Exeter,
11 Bring Back Kirk, Star Trek: New Voyages / Star Trek: Phase II, Star Wreck: In the t2 Pirkinning, Star Trek in Lego, Star Trek: Aurora, Star Trek: Of Gods and Men,
13 Starship Farragut, Star Trek: The Next Animation, Dan Hauser's Animated Star t4 Trek, Star Trek: Phoenix, Star Trek Continues, Star Trek: Specter, Star Trek II:
15 Retribution, Star Trek III: Redemption, Star Trek: Reunion, Star Trek: Secret
I6 Voyage, Star Trek: Dark Horizon, Star Trek: Absolution, Star Trek: Renegades, and t7 Star Trek: Horizon.
18 RESPONSE TO REQUEST NO. 18: t9 Paramount incorporates its General Response and Objections as set forth
20 above. Paramount objects to this request on the grounds and to the extent that it calls
21, for information that is protected by the attorney-client privilege and work product
22 doctrine. Paramount further objects to this request on the ground that it is
23 overbroad, unduly burdensome, and seeks documents that are not relevant to any
24 party's claim or defense, nor proportional to the needs of the case. Paramount
25 further objects to this Request on the grounds that the term'ofan films" is vague and
26 ambiguous.
27
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PARAMOUNT PICTURES CORPORATION'S
Loeb & LoGb I 0001558.3 13 RESPoNSESToREQUESTSFoR A Limitod Liability Partnership SET ONE Including Professional 202828-10048 PRODUCTION, Corporatlons Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 15 of 20 Page ID #:5306
I REOUEST NO. 19:
2 A11 Documents regarding Your policies, practices, and procedures regarding
J sending DMCA takedown notices with regard to works that You believe have
4 infringed Your copyrights, including Your purported copyrights in the Star Trek
5 Copyrighted Works.
6 RESPONSE TO REOUEST NO. 19:
7 Paramount incorporates its General Response and Objections as set forth
8 above. Paramount objects to this request on the grounds and to the extent that it calls
9 for information that is protected by the attorney-client privilege and work product
10 doctrine. Paramount further objects to this request on the ground that it is
11 overbroad, unduly burdensome, and seeks documents that are not relevant to any t2 party's claim or defense, nor proportional to the needs of the case.
13 REOUEST NO. 20: t4 All Documents regarding Your policies, practices, and procedures regarding
15 sending DMCA takedown notices with regard to works that may constitute fair use. t6 RESPONSE TO REOUEST NO. 20: t7 Paramount incorporates its General Response and Objections as set forth
18 above. Paramount objects to this request on the grounds and to the extent that it calls t9 for information that is protected by the attorney-client privilege and work product
20 doctrine. Paramount further objects to this request on the ground that it is 2l overbroad, unduly burdensome, and seeks documents that are not relevant to any
22 party's claim or defense, nor proportional to the needs of the case.
23 REOUEST NO. 21:
24 A11 Documents and Communications regarding Your decision whether to
25 send a DMCA takedown notice to YouTube or any other person or entity with
26 regard to Prelude to Axanar or the "Vulcan Scene."
27
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PARAMOUNT PICTURES CORPORATION'S
Loeb & Loeb 10001558.3 14 RESPoNSESToREQUESTSFoR A Limited Liabili(y PadneEhip SET lncluding Prof ossional 202828-10048 PRODUCTION, ONE corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 16 of 20 Page ID #:5307
1 RESPONSE TO REOUEST NO. 21: set 2 Paramount incorporates its General Response and Objections as forth it calls J above. paramount objects to this request on the grounds and to the extent that product 4 for information that is protected by the attorney-client privilege and work that it is 5 doctrine. Paramount further objects to this request on the ground to any 6 overbroad, unduly burdensome, and seeks documents that are not relevant
7 party's claim or defense, nor proportional to the needs of the case.
8 REOUEST NO. 22: in 9 A11 Documents that refer, relate to, support, or refute Your contention t0 paragraph 62 of the FAC that "Defendants enjoy a direct financial benefit from the Works." 11 preparation, duplication, and distribution of the infringing Axanat t2 RESPONSE TO REOUEST NO. 22: as set forth 13 paramount incorporates its General Response and Objections
L4 above. produce all non- 15 Notwithstanding the foregoing objections, Paramount will t6 privileged, responsive documents that it is able to locate following a reasonable t7 search.
18 REOUEST NO. 23: t9 Al1 Documents that refer, relate to, or constitute Your expenditures relating to but not 20 the promotion or production of the Star Trek Copyrighted Works, including 2l limited to the salaries paid to the directors, producers, actors, and all other persons 22 involved in the promotion or production of such works.
23 RESPONSE TO REOUEST NO. 23: forth 24 paramount incorporates its General Response and Objections as set the extent that it calls 25 above. paramount objects to this request on the grounds and to product 26 for information that is protected by the attorney-client privilege and work is 27 doctrine. Paramount further objects to this request on the ground that it not relevant to any 28 overbroad, unduly burdensome, and seeks documents that are
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loob & Loeb I 000 I 558.3 15 A Limited Lisbility PartnoEhip PRODUCTION, SET ONE lncluding Prof 6ssional 202828-10048 CorpoEtions Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 17 of 20 Page ID #:5308
1 party's claim or defense, nor proportional to the needs of the case. Paramount
2 further objects to the request to the extent that it purport to require the disclosure of a J documents containing information that is protected from disclosure by rights of
4 privacy, confidential data,trade secrets, proprietary or sensitive business
5 information, or nonpublic financial information pertaining to Paramount, its past or
6 present personnel, or other persons or entities.
7 REOUEST NO. 24:
8 A11 Documents that refer or relate to Star Wars fan films, including but not
9 limited to (a) all Documents that refer, relate to, or constitute Lucasfilm's guidelines t0 andlor attitudes regarding fan films, and (b) all Documents relating to any meetings
11 or other Correspondence between You and any other person or entity, including at l2 Lucasfilm, regarding this subject.
13 RESPONSE TO REOUEST NO. 24: l4 Paramount incorporates its General Response and Objections as set forth
15 above. Paramount objects to this request on the grounds and to the extent that it t6 calls for information that is protected by the attorney-client privilege and work l7 product doctrine. Paramount fuither objects to this request on the ground that it is
18 overbroad, unduly burdensome, and seeks documents that are not relevant to any t9 party's claim or defense, nor proportional to the needs of the case. Paramount
20 fuither objects to the request to the extent that it purport to require the disclosure of 2l documents containing information that is protected from disclosure by rights of 22 privacy, confidential data, trade secrets, proprietary or sensitive business
23 information, or nonpublic financial information pertaining to Paramount, its past or
24 present personnel, or other persons or entities. Paramount further objects to this
25 Request on the grounds that the term "fan films" is vague and ambiguous.
26 REQUEST NO. 25:
27 A11 Documents that refer, relate to, or constitute any actual or potential
28 guidelines for fan films that You have created, implemented, or considered creating
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb l 0001558.3 t6 A Limited Liability Padne6hiP PRODUCTION, SET ONE lncluding Professional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 18 of 20 Page ID #:5309
1 or implementing, including but not limited to any research, analysis, or
2 Communications regarding this subj ect.
a J RESPONSE TO REOUEST NO. 25:
4 Paramount incorporates its General Response and Objections as set forth
5 above. Paramount objects to this request on the grounds and to the extent that it and 6 calls for information that is protected by the attorney-client privilege work ground that it is 7 product doctrine. paramount further objects to this request on the relevant to any 8 overbroad, unduly burdensome, and seeks documents that are not Paramount 9 party's claim or defense, nor proportional to the needs of the case. disclosure of 10 fuither objects to the request to the extent that it purport to require the by rights of 11 documents containing information that is protected from disclosure t2 privacy, confidentlal data,trade secrets, proprietary or sensitive business Paramount, its past or 13 information, or nonpublic financial information pertaining to t4 present personnel, or other persons or entities. Paramount further objects to this ambiguous. 15 Request on the grounds that the term "fan films" is vague and l6 REOUEST NO. 26: t7 All Documents that refer, relate to, or constitute a public statement made by of media, regarding 18 any of Your employees, agents, or representatives, in any form to t9 Axanar Productions, Alec Peters, or any Axanar Work, including but not limited not limited to 20 any such statements made on Facebook or Twitter, and including but Lin on 2t all Documents and Communications relating to the tweet published by Justin Trek belongs 22 March 14,Z1!6,stating "This is getting ridiculous! I support the fans.
23 to all of us."
24 as set forth 25 paramount incorporates its General Response and Objections the extent that it 26 above. paramount objects to this request on the grounds and to privilege and work 27 calls for information that is protected by the attorney-client the ground that it is 28 product doctrine. paramount fuither objects to this request on
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Loeb 10001 5s8.3 t7 A Limitod Liability Partne6hip PRODUCTION, SET ONE lncluding Prorossional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 19 of 20 Page ID #:5310
are not relevant to any 1 overbroad, unduly burdensome, and seeks documents that
2 party's claim or defense, nor proportional to the needs of the case. Paramount a J further objects to the characterizationof Justin Lin as its employee, agent or
4 representative. produce all non- 5 Notwithstanding the foregoing objections, Paramount will
6 privileged, responsive documents that it is able to locate following a reasonable
7 search.
8 REOUEST NO. 27:
9 All Documents that refer, relate to, or constitute Communications involving Axanar Work. 10 Bryan Fuller regarding Axanar Productions, Alec Peters, or any
11 t2 paramount incorporates its General Response and Objections as set forth to the extent that it 13 above. paramount objects to this request on the grounds and l4 calls for information that is protected by the attorney-client privilege and work paramount the ground that it is 15 product doctrine. funher objects to this request on t6 overbroad, unduly burdensome, and seeks documents that are not relevant to any t7 party's claim or defense, nor proportional to the needs of the case. produce all non- 18 Notwithstanding the foregoing objections, Paramount will a reasonable L9 privileged, responsive documents that it is able to locate following
20 search. 2t 22 Dated: May 23,20L6 LOEB & LOEB LLP JONATHAN ZAVIN 23 DAVID GROSSMAN JENNIFER JA$ON 24 ./h /, n--. t'/\r r 25 By:
26 Affornels for Plaintiffs PARAMOUNT PICTURES 27 CONPONATION ANd CBS STUDIOS INC. 28
PARAMOUNT PICTURES CORPORATION'S 18 RESPONSES TO REQUESTS FOR Loob & Loeb I 000 l s5 8.3 A Limited Liability Partne6hiP PRODUCTION, SET ONE lncluding Prof ossional 202828-10048 Corporations Case 2:15-cv-09938-RGK-E Document 90-3 Filed 11/29/16 Page 20 of 20 Page ID #:5311
I PROOF OF SERVICE
2 I, Kathryn M. Arnote, the undersigned, declare that: a over the age J . I am employed in the County of Los Angeles, State of California, 4 of 18, and not aparty to this cause. My business address is 10100 Santa Monica
5 Blvd., Suite 2200, Los Angeles, CA 90067.
6 On May 23,2016,I served a true copy of the PARAMOUNT PICTURES SET 7 CORPORATION'S RESPONSES TO REQUESTS FOR PRODUCTION,
8 ONE on the parties in this cause as follows: in a sealed 9 V (VIA U.S. MAIL) by placing the above named document list and by then 10 envelope addressed as set forth below, or on the attached service the United States 11 placing such sealed envelope for collection and mailing with l2 Postal Service in accordance with Loeb & Loeb LLP's ordinary business
13 practices.
t4 Erin R. Ranahan, Esq. Andrew S. Jick, Esq.- 15 Kellv N. Oki. Esq. Winlton & Sirawh LLP t6 333 South Grand Avenue Los Angeles, CA 90071 t7 LLP's practice for collecting and 18 I am readily familiar with Loeb & Loeb Service and t9 processing correspondence for mailing with the United States Postal the deposit of all 20 overnight Delivery service. That practice includes Delivery 2l correspondence with the United States Postal Service and/or Overnight 22 Service the same day it is collected and processed' laws of the State of California 23 I declare under penalty of perjury under the
24 that the foregoing is true and correct.
25 Executed on May 23,20t6, at Los Angeles,
26
27
28
PARAMOUNT PICTURES CORPORATION'S RESPONSES TO REQUESTS FOR Loeb & Losb 10001 558.3 A Limitod Liability Padne6hiP PRODUCTION' SET ONE lncludinq Prcfessional 202828-10048 Corporations