Case 2:15-cv-09938-RGK-E Document 165 Filed 01/04/17 Page 1 of 4 Page ID #:10584 1 2 3 4 5 6 7 8 Erin R. Ranahan (SBN: 235286) eranahan@winston.com Diana Hughes Leiden (SBN: 267606) dhleiden@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 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 333 S. Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 11 12 13 PARAMOUNT PICTURES CORPORATION, a Delaware corporation; and CBS STUDIOS INC., a Delaware corporation, 14 15 16 17 18 Case No. 2:15-cv-09938-RGK-E Assigned to: Hon. R. Gary Klausner DEFENDANTS’ STATEMENT RE EXPERTS TO BE CALLED AT TRIAL Plaintiffs, vs. Pretrial Conference: Jan. 9, 2017 Trial Date: Jan. 31, 2017 AXANAR PRODUCTIONS, INC., a California corporation; ALEC PETERS, an individual; and DOES 1-20, Defendants. 19 20 21 22 23 24 25 26 27 28 1 DEFENDANTS’ STATEMENT RE EXPERTS 333 S. Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP Case 2:15-cv-09938-RGK-E Document 165 Filed 01/04/17 Page 2 of 4 Page ID #:10585 1 Pursuant to the Court’s Order for Jury Trial, Defendants Axanar Productions, 2 Inc. and Alec Peters (“Defendants”) hereby submit their narrative statements of the 3 qualification of each expert witness they intend to call at trial and the testimony 4 expected to be elicited. 5 I. Christian Tregillis, CPA, ABV, CFF, CLP 6 A. Qualifications 7 Mr. Tregillis is a partner at Hemming Morse, where he analyzes financial, 8 accounting, economic, statistical, and market issues, primarily in regard to disputes 9 and valuations, including the negotiation of license agreements covering intellectual 10 property. He has an A.B. in Economics from Occidental College, an M.BA. 11 Finance and Accounting from the University of Chicago Graduate School of 12 Business, and is licensed as a Certified Public Accountant in California and Illinois. 13 Mr. Tregillis is accredited in Business Valuation and certified in Financial Forensics 14 by the American Institute of Certified Public Accountants, and has a professional 15 licensing certification from the Licensing Executives Society. Mr. Tregillis has over 16 25 years of experience in financial consulting and investigations, including 11 years 17 at big four accounting firms. Prior to working at Hemming Morse, Mr. Tregillis led 18 the Damages, Valuation & IP practice area globally for LECG and led the Forensic 19 Accounting & Litigation Consulting practice in the Western U.S. for Kroll Inc. 20 B. Testimony Expected to Be Elicited at Trial 21 Mr. Tregillis will testify regarding financial, economic, and accounting issues 22 related to Plaintiffs’ claims. Specifically, Mr. Tregillis will testify about the benefits 23 to studios and their franchises of fan films, and specifically about benefits that 24 Plaintiffs have received as a result of Defendants’ works. Mr. Tregillis will also 25 rebut Plaintiffs’ theory of lost profits that they claim resulted from Defendants’ 26 alleged infringement, i.e., that funds donated to making of Defendants’ works have 27 resulted in lost revenue or profits to Plaintiffs. Finally, Mr. Tregillis will testify 28 regarding the lack of any profits that Defendants have earned as a result of the 2 DEFENDANTS’ STATEMENT RE EXPERTS 333 S. Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP Case 2:15-cv-09938-RGK-E Document 165 Filed 01/04/17 Page 3 of 4 Page ID #:10586 1 alleged infringement. Mr. Tregillis’ testimony regarding Plaintiffs’ lack of actual 2 damages and Defendants’ lack of profits will assist the jury in determining the 3 appropriate scope such damages, as well as the appropriate scope of statutory 4 damages, to which the Plaintiffs’ actual damages and Defendants’ profits (or lack 5 thereof) are relevant.1 6 II. Dr. Henry Jenkins 7 A. Qualifications 8 Dr. Henry Jenkins is Provost’s Professor of Communication, Journalism, 9 Cinematic Art, and Education at the University of Southern California. He was 10 previously a professor at the Massachusetts Institute of Technology, where he 11 founded and co-directed the Comparative Media Studies Masters Program. 12 Dr. Jenkins is the author of seventeen books: his seminal 1992 book Textual 13 Poachers: Television Fandom and Participatory Culture helped to launch the 14 academic study of fans and fan cultures, and has also been cited in more than forty 15 law journal articles. Topics related to fans and fandom, including Star Trek fandom, 16 figure prominently in his scholarly research and writings, notably in his books 17 Science Fiction Audiences: Watching Star Trek and Doctor Who (1995); Fans, 18 Bloggers, and Gamers: Media Consumers in the Digital Age (2006); Convergence 19 Culture: Where Old and New Media Collide (2006); Spreadable Media: Creating 20 Meaning and Value in a Networked Culture (2013); and By Any Media Necessary: 21 The New Youth Activism (2016). Dr. Jenkins serves on the editorial boards of the 22 two most prominent academic journals in the discipline: Transformative Works and 23 Cultures and The Journal of Fandom Studies. 24 B. Testimony Expected to Be Elicited at Trial 25 Dr. Jenkins will testify regarding the historical and present-day landscape of 26 fan fiction, fan film, and fandom. In particular, Dr. Jenkins will testify concerning 27 1 28 Plaintiffs have not yet elected to seek to recover actual damages or statutory damages. 3 DEFENDANTS’ STATEMENT RE EXPERTS Case 2:15-cv-09938-RGK-E Document 165 Filed 01/04/17 Page 4 of 4 Page ID #:10587 1 the historical and ongoing relationships between the creators and producers of Star 2 Trek, and Star Trek fans; Plaintiffs’ history and practice of tolerating and 3 sanctioning fan fiction, fan film, and other fan uses of aspects of Star Trek; and 4 benefits that Plaintiffs have received as a result of fan works such as those of 5 Defendants. Dr. Jenkins’ testimony will provide necessary context for evaluating 6 Plaintiffs’ claims of willful infringement, and assessing Plaintiffs’ damages theories, 7 including both actual and statutory damages. 8 9 Dated: January 4, 2017 WINSTON & STRAWN LLP 10 333 S. Grand Avenue Los Angeles, CA 90071-1543 Winston & Strawn LLP 11 By: /s/ Erin R. Ranahan 12 Erin R. Ranahan Diana Hughes Leiden Kelly N. Oki Attorneys for Defendants, AXANAR PRODUCTIONS, INC. and ALEC PETERS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DEFENDANTS’ STATEMENT RE EXPERTS