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

[AnOminous]

What ex parte communications are there aside from the binder? Not sure what else you would have been referring to.

The alleged threats.

 

[TherapyMan]

Reasons Why Chupp Wants This Resolved On Mediation:

1. Chupp's clerks likely hate the fuck out of this case with its constant 1000+ page filings, retarded procedural shenanigans, and extremely poor draftmanship lacking citations.
2. The amount in controversy is too small to justify the cost of litigation on the parties, as it's obvious that discovery for this case is going to be lengthy, time-consuming, and expensive.
3. The amount in controversy is too small to justify the burden imposed on the State of Texas' court system.
4. Chupp himself is tired of this shit and hopes to clear his docket.
5. Knowing all of the above, Chupp figures that this case will eventually settle before trial anyways and is trying to shove the case along in order to save him, his clerks, the parties, and the state of Texas the cost of continued litigation.
6. Chupp is actually a serial rapist/murderer and the evidence of his crimes are stored on Ron Toye's phone, which would be subject to discovery if the discovery stay was lifted.

 

[teriyakiburns]

Wait, he ordered mediation with a deadline of the 3rd. Does this count as a ruling on the TCPA or no? Assuming not, wouldn't that put any resolution beyond the TCPA deadline that automatically favours the plaintiff?

 

[VicMontana]

So was it all lawyers that were told to mediate or was it just Mon/Ron and Funi?

 

[Hoss]

This isn't the time for that. It's utterly bizarre to do that right now, and I've never heard of such a thing. He is apparently doing it because of people saying mean things to him on the Internet which he shouldn't even be taking into account.

I'm going off a limb and gonna say that he had ZERO idea that this case was this fucking public and well known. This is probably the first case he has ever had that resulted in torched effigies and autistic screeching. I honestly don't see why he fucking made this case such a hassle cause now his image is tarnished. He did it "by his book" and is getting shit on for it. Sure judges should expect this shit but by fucking GOD if he's being influenced by threats on the internet for his rulings on a suit that involves the SAME FUCKING THING, the veil of hypocrisy cannot be removed.

Judge not, that ye be not judged.​

For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.​

And why beholdest thou the mote that is in thy brother's eye, but considerest not the beam that is in thine own eye?​

Or how wilt thou say to thy brother, Let me pull out the mote out of thine eye; and, behold, a beam is in thine own eye?​

Thou hypocrite, first cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye.​

Give not that which is holy unto the dogs, neither cast ye your pearls before swine, lest they trample them under their feet, and turn again and rend you.​

Matthew 7: 1-6​

"I want his balls..." ​

​

Well well well.....what do we have here?

 

[Sheryl Nome]

This is fucking stupid from Chupp, if he's being convinced by ex parte communications to do dumb shit, he's gonna get his shit slapped

Oh my god

 

[General Relativity QM]

Maybe Chupp learned that defamation per se has damages presumed.

I agree that it makes no sense for Chupp to order mediation if he has already decided to dismiss the entire suit under TCPA. Funimation is ordered into this mediation, and if I were Funimation, I would strongly consider giving Vic a good settlement offer. Some money ( a good amount) and a tweet clarifying that they did not fire him due to any sexual misconduct (which they have argued was their intention on the record already - no loss), their investigation was mishandled, and their investigation process is under review. You don't declare Vic innocent, but you don't say he is guilty either. Review your process and be done with it.

Funimation is in jeopardy of losing a lot more money in legal fees fighting the appeal and subsequent actions by Vic in court. Any public relations damage that may be done if discovery is allowed to go forward will compound the monetary damages. Funimation needs this to go away. Spend the money to make this go away rather than spend more money fighting this thing that has an indication of going beyond TCPA. Let people forget and move on to something else. Funimation is under the microscope, and if the reports about Sabat are true, they have a lot of house cleaning to do. These VAs are an existential threat to the company. Who cares about Vic, Monica, and Jaime when you have to think about the rest of the company. These are acceptable losses, and it is time to cut those losses.

What does Funimation have to gain by staying in this lawsuit? More woke points? "Victims" know that you supported them, and you can wink and nod that it was a prudent move for legal reasons while saying that you cannot discuss the settlement. Settling under undisclosed terms is the cheapest path forward whether they think Vic is guilty or not. Rolling the dice on Chupp throwing the whole thing out is not a smart move. The judge has indicated at least one party has a weak hand, and Funimation is the party most able to settle this case. I don't think that's a coincidence. If Chupp doesn't dismiss under TCPA, a settlement will cost Funimation more.

Monica and Ron have nothing to offer other than a tweet, and they are already in debt so much they have nothing to lose by staying in. They can probably get out of this if Funimation settles.

 

[lawtwitterthrowaway]

Wait, he ordered mediation with a deadline of the 3rd. Does this count as a ruling on the TCPA or no? Assuming not, wouldn't that put any resolution beyond the TCPA deadline that automatically favours the plaintiff?

It's not a ruling itself. But he's said that if mediation fails, he'll rule the day after.

So was it all lawyers that were told to mediate or was it just Mon/Ron and Funi?

 

[Sheryl Nome]

Maybe Chupp learned that defamation per se has damages presumed.

I agree that it makes no sense for Chupp to order mediation if he has already decided to dismiss the entire suit under TCPA. Funimation is ordered into this mediation, and if I were Funimation, I would strongly consider giving Vic a good settlement offer. Some money ( a good amount) and a tweet clarifying that they did not fire him due to any sexual misconduct (which they have argued was their intention on the record already - no loss), their investigation was mishandled, and their investigation process is under review. You don't declare Vic innocent, but you don't say he is guilty either. Review your process and be done with it.

Funimation is in jeopardy of losing a lot more money in legal fees fighting the appeal and subsequent actions by Vic in court. Any public relations damage that may be done if discovery is allowed to go forward will compound the monetary damages. Funimation needs this to go away. Spend the money to make this go away rather than spend more money fighting this thing that has an indication of going beyond TCPA. Let people forget and move on to something else. Funimation is under the microscope, and if the reports about Sabat are true, they have a lot of house cleaning to do. These VAs are an existential threat to the company. Who cares about Vic, Monica, and Jaime when you have to think about the rest of the company. These are acceptable losses, and it is time to cut those losses.

What does Funimation have to gain by staying in this lawsuit? More woke points? "Victims" know that you supported them, and you can wink and nod that it was a prudent move for legal reasons while saying that you cannot discuss the settlement. Settling under undisclosed terms is the cheapest path forward whether they think Vic is guilty or not. Rolling the dice on Chupp throwing the whole thing out is not a smart move. The judge has indicated at least one party has a weak hand, and Funimation is the party most able to settle this case. I don't think that's a coincidence. If Chupp doesn't dismiss under TCPA, a settlement will cost Funimation more.

Monica and Ron have nothing to offer other than a tweet, and they are already in debt so much they have nothing to lose by staying in. They can probably get out of this if Funimation settles.

This mediation is retarded, nobody is going to settle until TCPA is decided. Chupp thinking they will is wishful thinking. Funi and MoRon both think they can get out scott free on a TCPA appeal if they don't win it out right.

I don't think funimation is under nearly as much pressure as people on this fucking forum think they are. I think they're under very little pressure.

 

[FGO-Professor-P2PBTW]

I have literally never heard of this kind of thing happening. I didn't even know it was possible. I understand that TECHNICALLY the defendants and plaintiffs can settle anytime during a lawsuit, as long as it's before the actual trial, but this reeks of Chupp not understanding the details that make this case so important.

 

[lawtwitterthrowaway]

I don't think funimation is under nearly as much pressure as people on this fucking forum think they are. I think they're under very little pressure.

Considering the claims against them are (and were, I guess) about as weak as it can get, I agree. But then, I'm of the opinion that it's not the defendants who are under pressure to settle here.

 

[BaldBoomerBoy]

So was it all lawyers that were told to mediate or was it just Mon/Ron and Funi?

https://twitter.com/NickRekieta/status/1174097995505311745?s=20

According to Nick just now it is all parties. I don't really know how posting links and images works out here yet or I'd make it a little nicer.

 

[AnOminous]

I'm going off a limb and gonna say that he had ZERO idea that this case was this fucking public and well known. This is probably the first case he has ever had that resulted in torched effigies and autistic screeching.

If anything, that church case was even more publicized and more bitter. People get completely crazy about religious shit.

 

[Dumb Bitch Smoothie]

Here's the image. Wew

 

[AnOminous]

I don't think funimation is under nearly as much pressure as people on this fucking forum think they are. I think they're under very little pressure.

I think they're the only party who has absolutely nothing to gain from being in this and a lot to lose, and if they aren't completely stupid, they realize this.

As cynical as I am about the likelihood of this ending in any good way, if it actually brings Funimation to the table it will have been a success.

I'm not anticipating anything but more bullshit, though.

 

[Hoss]

This is fucking stupid from Chupp, if he's being convinced by ex parte communications to do dumb shit, he's gonna get his shit slapped

Oh my god

(A) A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending* or impending matter,* except as follows:​

(1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted, provided:​

(a) the judge reasonably believes that no party will gain a procedural, substantive, or tactical advantage as a result of the ex parte communication; and​

(b) the judge makes provision promptly to notify all other parties of the substance of the ex parte communication, and gives the parties an opportunity to respond.​

(B) If a judge inadvertently receives an unauthorized ex parte communication bearing upon the substance of a matter, the judge shall make provision promptly to notify the parties of the substance of the communication and provide the parties with an opportunity to respond. ​

Rule 2.9: Ex Parte Communications​

I don't know. It seems that he followed the rules...unless it gave a party an upper hand.

 

[General Relativity QM]

This mediation is exceptional, nobody is going to settle until TCPA is decided. Chupp thinking they will is wishful thinking. Funi and MoRon both think they can get out scott free on a TCPA appeal if they don't win it out right.

I don't think funimation is under nearly as much pressure as people on this fucking forum think they are. I think they're under very little pressure.

I can respect your point of view, and I can see from where you are coming. I still think it will be cheaper to settle with Vic. VAs don't make that much money from their acting. Just offer him an average of what his last 5 years have been for x number of years. It will likely be cheaper than fighting the appeal in court even if it is dismissed under TCPA.

 

[Judge Dredd]

@DinkyCowSow What are you looking for here? And no, I don't buy your "I'm just pretending to retarded" or "I'm setting up an epic trololol" arguments.

This isn't the time for that. It's utterly bizarre to do that right now, and I've never heard of such a thing. He is apparently doing it because of people saying mean things to him on the Internet which he shouldn't even be taking into account.

I'm no expert, but I would have guessed threats and mean words would be normal for a judge. Every case they rule on from parking tickets to mass murder is going to get someone pissed off at them.

 

[lawtwitterthrowaway]

I still think it will be cheaper to settle with Vic. VAs don't make that much money from their acting. Just offer him an average of what his last 5 years have been for x number of years. It will likely be cheaper than fighting the appeal in court even if it is dismissed under TCPA.

I think it would be cheaper for Vic to settle now too. Attorney's fees awards aren't cheap. Of course, that would be the smart move for him to make. For Nick and Ty, it would mean the money dries up, so we'll see how that goes.

 

[10SorrowfulObject]

@DinkyCowSow What are you looking for here? And no, I don't buy your "I'm just pretending to exceptional" or "I'm setting up an epic trololol" arguments.

I'm no expert, but I would have guessed threats and mean words would be normal for a judge. Every case they rule on from parking tickets to mass murder is going to get someone pissed off at them.

Most parking tickets don't prompt people to issue death threats.

I can respect your point of view, and I can see from where you are coming. I still think it will be cheaper to settle with Vic. VAs don't make that much money from their acting. Just offer him an average of what his last 5 years have been for x number of years. It will likely be cheaper than fighting the appeal in court even if it is dismissed under TCPA.

Except that TCPA dismissal means that Vic pays for their legal costs.