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

[AnOminous]

Hell, there is a fairly good chance he has very rarely ever dealt with the TCPA. 95% of his stuff is well outside what the TCPA would be used for.

Judges are randomly assigned. You don't have a special "libel judge" that defamation cases go to. Every case is docketed by the clerk of courts and it is generally random.

 

[Gehenna]

Judges are randomly assigned. You don't have a special "libel judge" that defamation cases go to. Every case is docketed by the clerk of courts and it is generally random.

Aye, but at the same time a judge can end up with a lot of one kind by a mixture of random chance and those cases being more prevelant to an area.

 

[2lolis1cup]

Aye, but at the same time a judge can end up with a lot of one kind by a mixture of random chance and those cases being more prevelant to an area.

ambulance chasing just happen to be big money for little work.

pic related is a good example of a stereotype that exist for a reason.

 

[Allanon]

So if we assume the main issue is that Chupp was seriously confused and out of his depth, isn't it likely that a properly written Motion to Reconsider may actually get him to reconsider much of his rulings? This seems like something Ang Lee might be best at writing, as he knows Chupp best, and would thus likely be best at coaxing Chupp into changing his decisions without getting his hackles up.

 

[AnOminous]

Aye, but at the same time a judge can end up with a lot of one kind by a mixture of random chance and those cases being more prevelant to an area.

It's the duty of a judge to come up to speed on any case they encounter whether they ever had one of the sort before or not. It's a dereliction of that duty to come to work unprepared, not knowing the basics of the law relevant to the case, and then ignoring the lawyers who try to explain it.

pic related is a good example of a stereotype that exist for a reason.

Don't insult Saul. Whatever his ethical issues, lack of work ethic isn't one of them.

 

[HTTP Error 404]

I wonder if making it hard for the judge to bring himself up to speed was part of the justification behind the defendant's insane filings?

 

[Allanon]

I wonder if making it hard for the judge to bring himself up to speed was part of the justification behind the defendant's insane filings?

It seems unlikely, but it is a pretty insane method of reasoning, so I guess I shouldn't rule it out completely. It would be a weird gamble if none of them had experience with Chupp to know he'd be lazy, though.

 

[AnOminous]

I wonder if making it hard for the judge to bring himself up to speed was part of the justification behind the defendant's insane filings?

Possibly. If you fling mountains of shit at the case, you force the other side to reply to it, and then it looks like both of you are just wrestling like pigs in mud. But you can't just ignore filings by the other side lest you risk defaulting on something buried in the pile of shit.

 

[quickthrowaway]

I'm making my way through the transcript. And I'm beginning to wonder why they crowdfunded to get this cause to me it only helps Vic's camp. Ty wasn't on his game but the way people were framing this it made it seem like he had only prepare an hour before the meeting. But actually going through it, he tried to bring up Marchi's discord, mentions specific numbers for conventions, etc. It's making me think Chubbs had a hangover or something. Like he had no in interest in having a TCPA hearing.

To sum up, they could've just donated that grand or so it cost get the transcript directly to the GFM. Instead of using this middle man to help Vic.

 

[DinkyCowSow]

I'm making my way through the transcript. And I'm beginning to wonder why they crowdfunded to get this cause to me it only helps Vic's camp. Ty wasn't on his game but the way people were framing this it made it seem like he had only prepare an hour before the meeting. But actually going through it, he tried to bring up Marchi's discord, mentions specific numbers for conventions, etc. It's making me think Chubbs had a hangover or something. Like he had no in interest in having a TCPA hearing.

To sum up, they could've just donated that grand or so it cost get the transcript directly to the GFM. Instead of using this middle man to help Vic.

Chupp ruled that they weren't going to accept the second amended petition because it was filed too late, and that's where Ty originally puts in the information about the discord.

As for damages, Chupp ruled the damages didn't matter for most of those conventions because Ty didn't put forward any evidence that the defendants had contacted those conventions. Ty showed some evidence for elements of 1) the existence of a contract and 4) actual damages, but he didn't have evidence for 2) willful and intentional interference or 3) that interference caused the harm to Vic. Ty attempted to say that "If they called one convention, we can infer they also called every single other convention that cancelled", but Chupp did not accept that argument.

 

[ES 195]

So I'm going through the transcripts and I'm wonder if it would have been better for Ty if he just left the declarations sworn. Or if he should have risked trying to correct his evidence through the normal channels instead of pulling it and resubmitting. From what I can tell it seems Chupp might have let post deadline corrections through or at least heard them in court.

Also that threadnought watermark is hella gay.

 

[TheClappening]

Chupp ruled that they weren't going to accept the second amended petition because it was filed too late, and that's where Ty originally puts in the information about the discord.

Chupp sneaked around that, actually. He just kind of ignored it. So right now the second amended is Shrodinger's Petition. We don't know if it's officially alive or dead.

So I'm going through the transcripts and I'm wonder if it would have been better for Ty if he just left the declarations sworn. Or if he should have risked trying to correct his evidence through the normal channels instead of pulling it and resubmitting. From what I can tell it seems Chupp might have let post deadline corrections through or at least heard them in court.

Also that threadnought watermark is hella gay.

@AnOminous got your back

 

[Marissa Moira]

So Chuppa-Chups seems to be pretty shit at being a judge, yes?

 

[Arcturus]

Did anyone find the part where Chupp refused to look at Ty's binder in favor of the defense one? I haven't seen it.

 

[DinkyCowSow]

Chupp sneaked around that, actually. He just kind of ignored it. So right now the second amended is Shrodinger's Petition. We don't know if it's officially alive or dead.

Ver archivo adjunto 936222

Page 37 though has the following:
MR. BEARD: Are we including the second amended pleadings or not?
THE COURT: I don't think so.

Page 40 has this:
THE COURT: And I'll tell you, as far as the second amended petition is, I don't think I can consider it, because we would never have a hearing like this, because you would always file a petition right before -- a new petition right before, and it would void everything that was filed before it.

 

[TheClappening]

Page 37 though has the following:
MR. BEARD: Are we including the second amended pleadings or not?
THE COURT: I don't think so.

Page 40 has this:
THE COURT: And I'll tell you, as far as the second amended petition is, I don't think I can consider it, because we would never have a hearing like this, because you would always file a petition right before -- a new petition right before, and it would void everything that was filed before it.

I stand corrected then.

 

[ES 195]

Did anyone find the part where Chupp refused to look at Ty's binder in favor of the defense one? I haven't seen it.

I think Ty mentioned something about a notebook. Chupp is against taking it because it would contain the 2nd amended fillings.

Also Chupp really does seem to have woken up with a stick up his ass that morning. He seems to have been pretty presumptuous and I'm wondering if there was something more to distrusting Ty than just the amended fillings. It's rather suspicious how Chupp just goes off on him.

 

[NotaLolyer]

Did y’all watch Nick’s stream last night? I want to know more about this binder.

Ty’s biggest problem was the judge wanted specifics, if he refused to look at those specifics...

I’m wondering when he refused it though, I didn’t catch that exchange at the hearing.

It’s the ex parte binder we don’t have which apparently did succeed at prejudicing Chupp

>that threadnought watermark

Yikes... Thats just pathetic T-Greg

Apparently he scrounged up the money for this somehow, you would think he would pay off his fucking debts.

Does he not know how copy paste works?
Fucking broke boomer

All of his posts have been on the specific topic of the suit and issues in it, so it's not off topic. I wouldn't bother responding if he was just posting non-germane gibberish or something.



Unless the judge recuses himself for bias or is disqualified, the case will be heard before Chupp. One can only hope he won't be so assblasted that he takes revenge on the parties for the appeals court telling him he was wrong.

He might just not award damages like most cucked judges do, sans the jury damages

So, reading over the opening interactions... Chupp never actually stated on way or another that he wasn't going to take the second amended petition. He said he'll decide on it later.

He basically just scolded Ty for not filing it within the 30 day period. Volney was arguing hard to get it tossed but it never got tossed officially. Very, weird interaction. An Tsu was making a pretty good argument, but seemed to get tied up in his "unsworn declarations are an instrument of the court" argument, and Chupp seemed to get pissed that both Ty and An were trying to make arguments jointly.

Edit:

This part is also pretty interesting. Chupp seems to concede that the TCPA hearing isn't a trial, and imposing some kind of unprecedented rule of when things need to be filed.

THE COURT: Yeah, I mean, how soon -- can you amend them the day of trial without leave?
MR. BEARD: Not a trial, but this isn't a trial. This is a hearing.
THE COURT: Well, this is -- this could dismiss your case, and at some point you've got to stop amending pleadings so they can actually file a motion to dismiss on this. And that has to happen at some point in time, doesn't it?

Oh man this is an embarrassing appeal point for Chupp

Apparently, printing the PDF as a PDF also removes the password protection, so there we go. Now I just need to find a service that (actually) removes watermarks.

Copy paste works just fine and so does photoshops magical stamps lmao

Spednought watermark removed.

Kept the hashtags.

BOOM! get fucked spednaught boomers.

Page 37 though has the following:
MR. BEARD: Are we including the second amended pleadings or not?
THE COURT: I don't think so.

Page 40 has this:
THE COURT: And I'll tell you, as far as the second amended petition is, I don't think I can consider it, because we would never have a hearing like this, because you would always file a petition right before -- a new petition right before, and it would void everything that was filed before it.

That’s still not a ruling and it’s a shitty opinion telling the plaintiff he’s not allowed to do what he’s allowed to do within the rules. Talk about another appeal point, Jesus Christ what koolaid did Chupp chugg

 

[Arcturus]

I think Ty mentioned something about a notebook. Chupp is against taking it because it would contain the 2nd amended fillings.

Also Chupp really does seem to have woken up with a stick up his ass that morning. He seems to have been pretty presumptuous and I'm wondering if there was something more to distrusting Ty than just the amended fillings. It's rather suspicious how Chupp just goes off on him.

Hmn. I'll have to look through more, I guess. I was just wondering because I remember Nick saying that Chupp told Ty he didn't need his and was just going to use the one the defense gave him. Which sounded awful. But I also saw a few kiwis that were at the trial say they didn't recall that moment.

The whole thing reads to me like he's had it with all of them. Not even just Ty. I wonder what all has happened.

 

[Long-time Lurker]

Did anyone find the part where Chupp refused to look at Ty's binder in favor of the defense one? I haven't seen it.

I think Ty mentioned something about a notebook. Chupp is against taking it because it would contain the 2nd amended fillings.

Page 37, elements highlighted below. This was before Ty starts responding to causes of action against Jamie. That's vaguely what I remember. It's a really short exchange in a very long hearing.

You know, guys, the stuff with the things. And stuff.