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Erin R. Ranahan (SBN: 235286) eranahan@winston.com Andrew S. Jick (SBN: 278943) ajick@winston.com Kelly N. Oki (SBN: 304053) koki@winston.com WINSTON & STRAWN LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: (213) 615-1700 Facsimile: (213) 615-1750 Attorneys for Defendants, AXANAR PRODUCTIONS, INC., and ALEC PETERS
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
PARAMOUNT PICTURES CORPORATION, a Delaware corporation; and CBS STUDIOS INC., a Delaware corporation Plaintiffs, vs. AXANAR PRODUCTIONS, INC., a California corporation; ALEC PETERS, an individual; and DOES 1-20, Defendants. Case No. 2:15-cv-09938-RGK-E
Assigned to: Hon. R. Gary Klausner
DEFENDANTS’ NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS’ COMPLAINT OR STRIKE PLAINTIFFS’ COMPLAINT IN PART; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF FED. R. CIV. P. 12(b)(6), 8(a), 12(f)
Hearing Date: March 21, 2016 Time: 9:00 a.m. Complaint Filed: December 29, 2015
Case 2:15-cv-09938-RGK-E Document 20 Filed 02/22/16 Page 1 of 29 Page ID #:69
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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on March 21, 2016, at 9:00 a.m., or as soon thereafter as this matter may be heard before the Honorable R. Gary Klausner of the United States District Court for the Central District of California, in Courtroom 850 of the above-entitled Court, located at 255 East Temple Street, Los Angeles, California 90012, Defendants Axanar Productions, Inc. and Alec Peters (hereinafter collectively referred to as “Defendants”) will and hereby move, pursuant to Rules 12(b)(6), 8(a) and/or 12(f) of the Federal Rules of Civil Procedure,
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for an order dismissing all claims against Defendants in this action and/or striking the claims in part (the “Motion”). In particular, Defendants seek an order striking the following allegations from Plaintiffs’ Complaint:
The allegation “and are in the process of producing a film called
Axanar
(the ‘
Axanar
Motion Picture’)” from paragraph 2;
The allegation “and continues to write the script for and produce the
Axanar
Motion Picture” from paragraph 9;
The allegations contained in paragraphs 30 through 39;
The allegations contained in paragraphs 66 through 70; and
The allegations contained in paragraph 2 of the Prayer for Relief. This Motion is brought pursuant to Rules 12(b)(6), 12(f) and 8(a) on the grounds that Plaintiffs’ claims against Defendants fail to state a claim upon which relief can be granted and fail to put Defendants on notice of the claims alleged against them. This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, all pleadings and papers filed in this action, and upon such other and further submission, evidence, and argument as may be presented to the Court prior to or at the time of hearing on this Motion. This Motion is made following the
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All further statutory references are to the Federal Rules of Civil Procedure unless otherwise stated.
Case 2:15-cv-09938-RGK-E Document 20 Filed 02/22/16 Page 2 of 29 Page ID #:70
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conference of counsel, pursuant to L.R. 7-3, which took place on February 12, 2016. Dated: February 22, 2016 WINSTON & STRAWN LLP By:
/s/ Erin R. Ranahan
Erin R. Ranahan Andrew S. Jick Kelly N. Oki Attorneys for Defendants, AXANAR PRODUCTIONS, INC. and ALEC PETERS
Case 2:15-cv-09938-RGK-E Document 20 Filed 02/22/16 Page 3 of 29 Page ID #:71