- Dołączono
- 5 Wrz 2019
Difference between us and KV is that we can hold an L. I just wish we could at least get a fucking date for the actual appeal court. At this point I'm assuming March.
Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.
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🔎 Please read my article, How to Dox Anyone: A Liz Fong-Jones Story. (Xitter), (Substack).
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- Dołączono
- 16 Maj 2019
That's my read on it. Right before Martinez tries to get Chupp to go on the record about what was the final order and when the window started, he mentions they got the fee notice and they had until the 14th to deal with it.
IIRC you don't get to go interlocutory for TCPA appeals at this point. Chupp could have rolled in and said "I'm not done ruling yet, the window hasn't started yet, and your appeal is premature". Even if that doesn't have binding power on the superior court, it strengthens Lemoine's argument that it was interlocutory, and gives the COA an excuse to dismiss it.
Martinez was offering to withdraw the appeal if Chupp said that and refile afterwards. Remember that part of this whole mess was the uncertainty about the finality of the ruling, which Chupp acknowledges over the next few pages and goes along with Martinez. The COA could still dismiss it as unripe, but now Martinez has it on the record that he was going along with a judge who thinks it's OK.
- Dołączono
- 5 Sie 2019
I said I'd take my L for this and I don't backpedal because I always wanna be right. I'd rather be proven wrong and learn the truth than try to avoid taking responsibility. But that's a concept Twitter, Tumblr and other congregating places of exceptional individuals have yet to grasp. They'd rather hold onto "their truth."
That's the real test of idiocy. Does someone want to learn and grow or do they let their pride decide?
- Dołączono
- 26 Wrz 2017
Holy shit Lemoine took a fat L there, lmao.
Son of Sparda 84
kiwifarms.net
- Dołączono
- 23 Lut 2019
So once again Nick was right and the Threadnaught douche who was at the hearing was full of shit.
- Dołączono
- 8 Maj 2019
Favorite part is page 38 where Martinez flips Lemoine's argument of there being no clock on the attorney's fees, so that they'd be paid either way, so the appeal would've been timely when filed and Lemoine had to completely backpedal on the argument.
- Dołączono
- 10 Mar 2019
Didn't Lemonaids also say that it didn't happen?
Nontransferable
kiwifarms.net
- Dołączono
- 13 Sty 2018
Ostatnio edytowane:
- Dołączono
- 5 Sie 2019
That recap could never capture the magic of Lemoine getting btfo on several occasions though.
Reading that was magical.
And yes, Martinez does some good lawyering.
- Dołączono
- 10 Sie 2019
Hell no. There's a ways to go before Ultra Instinct Transcript.
No. The strategy that played out was also discussed almost instantly after people sperged about not paying.
And chupp knows he fucked up when he stated the appeals court will kick it back. I think he decided to sit and read the arguments and saw he was wrong after the fact. So do the attorney fees get put on hold? How can attorney fees be paid if there is an appeal and the pleading party wins the appeal?
Ostatnio edytowane:
- Dołączono
- 14 Lip 2019
It's wait and see time with Judge Chupp. He is going forward with the fees on his end, but is not wanting to step on the appeals toes. You can make your own impressions of Chupp's actions concerning the appellate court.
- Dołączono
- 16 Maj 2019
There's been some speculation on KF about how much Chupp "fears" the appeals court. After reading this transcript, I think he doesn't care so much if they overrule him on a highly technical mess where he got a procedure wrong. But he does care if he botches things so badly that one side is screwed out of his legal right to appeal, or the other side is screwed out of lawyer fees because he neglected to file a judgement.
Maybe that's how he always is, using the COA as a backstop for an honest mistakes on things he doesn't understand, while taking care not to screw people out of proper access to the courts. You could read that attitude into his leniency towards the defendants, plus his leniency towards Ty's filing mishaps.
A less charitable interpretation is that he was lazy with the TCPA, then realized how bad his ruling looked after the hearing (which is when the mediation got ordered). Now he's taking care not to "finalize" anyone getting screwed, so that it doesn't look like he permanently harmed either side. The complete dismissal, leaving the Slatosch issue open, rejecting sanctions on Lemoine, and the likely rubber-stamping of attorneys fees, all make for easy, clean reversal opportunities.
I'm sticking with my "lazy not dumb" conclusion for now. I don't see outright malice here, even if he's just playing along with Martinez to cover his own ass. Maybe Martinez just resonates with the judge better than Ty. I am now curious to see how Chupp would act in post-appeals discovery.
(I also want to see a Martinez vs Johnson square off over some of the substance of the case. But Marchi's dismissal is the most likely to survive appeal. Too bad)
- Dołączono
- 28 Gru 2014
It seems it finally hove into view for him that he actually has professional responsibility and a job to do.
- Dołączono
- 21 Mar 2019
It took an unreasonable amount of time to go through 41 pages, frankly. I should be paid for looking at Douche's failed attempt at humor for that long. I messed around with various ways of making the writing clear enough to read without being 100%, since screencaps (and Nick's stream) rarely actually zoom in all the ay.
I still can't believe Greg tried to do the hashtag thing again.
Now that's done -
Chupp seems to indeed just be a lazy idiot who didn't bother to read the files before he started making rulings in the hearing. He doesn't want things confusing or difficult, he just wants to go with the easiest route and dismisses (literally or metaphorically) anything that starts getting confusing. He's not malicious, as he tried to get them to mediate in response to the 'threats' and he's very concerned with the plaintiff not getting to appeal, but he's dumb enough to think those threats meant anything.
He really seems to think the appeal is likely to reverse at least part of it, which supports the idea that he just saw a complicated thing and kicked it out to the aoc to sort out for him, but then also begs the question of 'why did you dismiss it, then'.
Lemoine getting constantly BTFO'd was fun to read.
I still can't believe Greg tried to do the hashtag thing again.
Now that's done -
Chupp seems to indeed just be a lazy idiot who didn't bother to read the files before he started making rulings in the hearing. He doesn't want things confusing or difficult, he just wants to go with the easiest route and dismisses (literally or metaphorically) anything that starts getting confusing. He's not malicious, as he tried to get them to mediate in response to the 'threats' and he's very concerned with the plaintiff not getting to appeal, but he's dumb enough to think those threats meant anything.
He really seems to think the appeal is likely to reverse at least part of it, which supports the idea that he just saw a complicated thing and kicked it out to the aoc to sort out for him, but then also begs the question of 'why did you dismiss it, then'.
Lemoine getting constantly BTFO'd was fun to read.
- Dołączono
- 5 Wrz 2019
You guys really understated just how fucked he got in this hearing. Holy shit he's probably seething still.
- Dołączono
- 5 Mar 2019
I commend you for coming up with 41 pages of hashtags.
- Dołączono
- 26 Wrz 2017
I think we really did not expect him to get hollowed out like that.
- Dołączono
- 5 Mar 2019
Something something not owned something something corncob.
- Dołączono
- 28 Gru 2014
I think his entire life is nothing but seething from the instant he wakes up to when he goes to bed again. Imagine getting cucked out of everything worthwhile in life by some filthy West Nile mosquito and now you're a groveling toady to the likes of wife-beater Ron Toye.
- Dołączono
- 11 Maj 2019
I was glad to see that Mr. Slatosch is represented now. It seems that he will need it. From my reading, it seems a good possibility that Phlegmoine will get to depose him.
Edit to include: Lemwaaaah states that the text messages between Toye and Slatosch made it into the "public arena" before the lawsuit was filed. Is that true? To my admittedly poor recollection, it is not true. I believe it was Shane that first made the texts (in part) public. Please, correct me if I am in error.
Edit to include: Lemwaaaah states that the text messages between Toye and Slatosch made it into the "public arena" before the lawsuit was filed. Is that true? To my admittedly poor recollection, it is not true. I believe it was Shane that first made the texts (in part) public. Please, correct me if I am in error.
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