Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[Kendrick]

So, are we sure Chupp isn't a Kiwi?

His ruling is literally "There are no winners, now get lost".

He dismissed all vic's claims, and denied full monetary conpensatio s to the defendants. Nobody gets off scott-free. I expect drama from everywhere. Any words on how MoRons are taking it?

 

[Immortal Technique]

Let's also remind the audience that the Defendants, all three of them, failed to file the TCPA on time. They had to ask for an extension from Ty, and given all the bullshit that they had already done, he should have denied them.

I'm going to be curious what the CoA is going have to say about the amendments filed after the 60 window was already over. That hardline rule just seemed to be brushed aside like there were no issues with ignoring that.

 

[EmuWarsVeteran]

So, are we sure Chupp isn't a Kiwi?

His ruling is literally "There are no winners, now get lost".

He dismissed all vic's claims, and denied full monetary conpensatio s to the defendants. Nobody gets off scott-free. I expect drama from everywhere. Any words on how MoRons are taking it?

Fed up sub purist and now kiwi hoping to milk some cows. I like the ironic version of Chupp far more than the real one.

 

[I can't imagine]

I'm going to be curious what the CoA is going have to say about the amendments filed after the 60 window was already over. That hardline rule just seemed to be brushed aside like there were no issues with ignoring that.

I believe the argument used was that there isn't anything that says you can't amend it after the 60 day window, which is true, but has obvious negative consequences; people could presumably file a minimal TCPA argument, then amend it to contain all of the relevant material a day or two before the actual hearing so that no proper response could ever be produced. It's one of the more obvious points that either side could use as an argument to attempt petitioning the Texas Supreme Court if it comes to that, since it's very much a "letter of the law" vs. "spirit of the law" argument.

 

[Kendrick]

If they go for spirit of the law, I feel they may moot the entire TCPA on the basis that 1 - It was not filed timely and 2 - Every defendants waited for 3 depositions to happen (which drives up costs).

Defendants did not use it as the spirit of that law states, but as a way to prematurely abort the lawsuit without due process. (And chupp allowed it)

 

[MadPanda]

I remember Ty saying he was getting more involved with local politics, and so I am hoping he will consider campaigning to amend the TCPA to force the defense to file TCPA and be ruled on before any discovery or depositions can be done(or have your right to said TCPA motion filing denied). I mean in truth, this would have helped MoRoN and co, but overall it would keep in line what a TCPA is. Also other states may consider adopting a similar strategy if they have anti-slapp suits.

Or just get rid of the damn law since it seems to deny the plaintiff their right to having their grievances address in the court of law.

 

[Harvey Danger]

Johnson did it without flinging poo.

I've praised Johnson before, but it's worth remembering he also tried to pull some fast ones. His questioning in the depos and his arguments for TCPA were mildly disingenuous, ignoring the clear context of Marchi's tweets to argue they weren't defamatory. In one of his streams, Nick outlined how Johnson basically made two contradictory arguments at the the same time to get the easy dismissal from Chupp. He got away with it because BHBC's filings didn't properly document Marchi's tweets, which made their arguments on the TCPA merits weaker than they should have been.

He gets points for an efficient defense, catching the above weaknesses in the filings, and catching Ty's notary fuckup. But he's stuck working with the defendant he has, and that defense required a certain level of shenanigans to get out of the defamation count she rightfully deserves.

 

[MakeAnimeGA]

New doc up on txcourts. I don't feel like paying for 2 pages. Here is the thumbnail.

Monica Rial and Ronald Toye's Request for Findings of Fact and Conclusions of Law:

 

[Steve Smyff]

Okay, calm down people. "Won the battle dot dot dot"

Although it is funny that if Vic no longer goes through with appeals, the gfm has just paid for these fees and all he pays is his attorney fees out of pocket like he was planning to do before the gfm was a thing.

And of course Marchi, Rial, Toye and some at Funi thought they could get Vic six feet under with no cost to them ... the emotional cost of this court stuff so far must be huge.
Just read behind & between the lines of Marchi's behavior - she must have been an emotional basket case for quite a while.

Just imagining what her cortisol numbers must be (and will be again some time soon when the appeal starts and she gets deposed) warms the cockles of my heart.

a failure to means he lied to the the judge

Shirley in this circumstance J-ADOLPH LEMOINE can always say when he said that to Chupp that was his intent, but they negotiated it down. If he lied already, he has a super-tight lie to cover up the original lie.

 

[Harvey Danger]

New doc up on txcourts. I don't feel like paying for 2 pages. Here is the thumbnail.

Monica Rial and Ronald Toye's Request for Findings of Fact and Conclusions of Law:
Wyświetl załącznik 1025572

Oh ho, now it's super important to have explicit legal reasoning, when the court cuts your bloated fee request. But not when it dismisses 17 counts out of laziness, no need for fact finding and legal conclusions there, no sir.

Hoes be fucking mad.

Edit: I'm sure Judge "get out of my hair and let the COA figure it out" Chupp is going to be really happy that Lemoine is demanding detailed paperwork to re-hash work the court already did. It's amazing how bad the Lemon Fuhrer is at reading the room.

 

[Dumb Bitch Smoothie]

I've praised Johnson before, but it's worth remembering he also tried to pull some fast ones. His questioning in the depos and his arguments for TCPA were mildly disingenuous, ignoring the clear context of Marchi's tweets to argue they weren't defamatory. In one of his streams, Nick outlined how Johnson basically made two contradictory arguments at the the same time to get the easy dismissal from Chupp. He got away with it because BHBC's filings didn't properly document Marchi's tweets, which made their arguments on the TCPA merits weaker than they should have been.

He gets points for an efficient defense, catching the above weaknesses in the filings, and catching Ty's notary fuckup. But he's stuck working with the defendant he has, and that defense required a certain level of shenanigans to get out of the defamation count she rightfully deserves.

See, but that still wasn't flinging poo and to an extent he did what he did because of the situation he was in because of Jamie.

So he pooed on the floor and left it there, and Lemoine fell in it.

 

[Steve Smyff]

FUNi might escape appeals if Hsu and Martinez fuck up somehow, but MoRon are fucked beyond common sense.

Nick used to say part of applying the pain to Marchi, Soye and Rial was the joint liability, which would have Funimation make Vic whole with Sony's deep pockets ***, and then Sony would apply the pain to the others well into the future by pursuing them in Vic's stead for their part of the payment / judgement.

So no, I hope Ty doesn't drop Funi.

Discovery from Funi may also be needed to get to Sabat and his casting couch.

*** if Vic himself doesn't want to work to keep going after them for instalment plans, he just gets it all up front from Funi/Sony

 

[instythot]

Nick used to say part of applying the pain to Marchi, Soye and Rial was the joint liability, which would have Funimation make Vic whole with Sony's deep pockets, and then Sony would apply the pain to the others well into the future by pursuing them in Vic's stead for their part of the payment.

So no, I hope Ty doesn't drop Funi.

Discovery from Funi may also be needed to get to Sabat and his casting couch.

There is next to no reason to get to Sabat's couch at this point, tho. This is a defamation suit, not a scummy practices investigation and Sabat has mostly been quiet on the defamation issues

 

[TexOffender]

Nick used to say part of applying the pain to Marchi, Soye and Rial was the joint liability, which would have Funimation make Vic whole with Sony's deep pockets, and then Sony would apply the pain to the others well into the future by pursuing them in Vic's stead for their part of the payment.

So no, I hope Ty doesn't drop Funi.

Discovery from Funi may also be needed to get to Sabat and his casting couch.

Really hoping we find out which funi characters are the ones staying quiet during all of this because they did stuff worse than the imaginary vic crimes.

 

[quickthrowaway]

There is next to no reason to get to Sabat's couch at this point, tho. This is a defamation suit, not a scummy practices investigation and Sabat has mostly been quiet on the defamation issues

When Vic got dropped by Kamehacon Nick said it was due to moronica and sabat's doing. There is no way they don't find his greasy traces once they start discovery.

 

[diskboomer]

New doc up on txcourts. I don't feel like paying for 2 pages. Here is the thumbnail.

Monica Rial and Ronald Toye's Request for Findings of Fact and Conclusions of Law:

Wyświetl załącznik 1025576

Hey @Spectre_06 can you let Nicky know about this. #HoesXtremelyMad

 

[Mocha Shaka Khan]

New document

 

[Dumb Bitch Smoothie]

New document

Lmao this is gonna backfire so badly on them because they're basically begging Chupp to now fine-tooth comb their billing statement when this is....literally his expertise???

They're gonna regret this.

But keep going.

 

[Beavis]

Oh ho, now it's super important to have explicit legal reasoning, when the court cuts your bloated fee request. But not when it dismisses 17 counts out of laziness, no need for fact finding and legal conclusions there, no sir.

Hoes be fucking mad.

Edit: I'm sure Judge "get out of my hair and let the COA figure it out" Chupp is going to be really happy that Lemoine is demanding detailed paperwork to re-hash work the court already did. It's amazing how bad the Lemon Fuhrer is at reading the room.

I'm sure it was a fun conversation between MoRon and J Sean when they found out they could be on the hook for $170,000 and asked him if he'd come after them for it.

 

[AnOminous]

New doc up on txcourts. I don't feel like paying for 2 pages. Here is the thumbnail.

Monica Rial and Ronald Toye's Request for Findings of Fact and Conclusions of Law:

Wyświetl załącznik 1025576

Funny, when the court previously dismissed all the counts, it explicitly retained jurisdiction to decide the fees. Funny how this didn't happen when the court issued a document explicitly captioned FINAL ORDER.

Fuck you LemonAIDS. Suck it.

Oh ho, now it's super important to have explicit legal reasoning, when the court cuts your bloated fee request. But not when it dismisses 17 counts out of laziness, no need for fact finding and legal conclusions there, no sir.

*wheeze* please do hours and hours of work you obviously didn't want to do or you would have *gasp*.

Is this clown so oblivious he doesn't realize Chupp did shit the way he did it to avoid doing any of that shit? Take it to the appeals court bitch.