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

If this really happens Chupp is gonna win madlad of the century. Like seriously, you can't even try to be as big a wildcard as Chupp has been. I'm in awe of it.
WILDCARD BITCHES, YEEE HAAAAAW

But seriously that kind of turnaround from Chupp to suddenly catch that in testimony and go 'wait a goddamn fucking second' would be incredible.
 
Well, maybe I'm wrong, but isn't there only 3 answers?

1 - They prepped for deposition, Ron and Monica both lied in deposition independent of their counsel and their lawyers did nothing to prevent this or alert the court of it, then perpetuated this lie by redacting the billing to hide it

2 - They didn't prep for depostion, but then the lawyers tried to bill it under redaction to scam the court, while testifying under oath that they did

3 - They prepped for deposition and part of that prep was telling Ron and Monica to claim they didn't, then tried to hide billing for it.

Is there really even a 'better' result out of these three? Regardless of the choice, they're attempting to fraud the court, right? Potentially enabling perjury or committing it themselves even if they didn't suborn it
The best of this is that this shit shows that Lemoine was projecting his fraud onto Ty regarding the affidavits
 
Well, maybe I'm wrong, but isn't there only 3 answers?

1 - They prepped for deposition, Ron and Monica both lied in deposition independent of their counsel and their lawyers did nothing to prevent this or alert the court of it, then perpetuated this lie by redacting the billing to hide it

2 - They didn't prep for depostion, but then the lawyers tried to bill it under redaction to scam the court, while testifying under oath that they did

3 - They prepped for deposition and part of that prep was telling Ron and Monica to claim they didn't, then tried to hide billing for it.

Is there really even a 'better' result out of these three? Regardless of the choice, they're attempting to fraud the court, right? Potentially enabling perjury or committing it themselves even if they didn't suborn it

I'm trying to think of an honest explanation but all the possible explanations involve at least some degree of dishonesty and deliberate attempt to deceive the court on a matter material to its decision, i.e. fraud on the court.

The redaction only makes it worse. Why redact an otherwise completely innocuous and nonprivileged item like deposition preparation? It only makes sense if they remembered that their clients committed perjury about that very event.
 
I'm trying to think of an honest explanation but all the possible explanations involve at least some degree of dishonesty and deliberate attempt to deceive the court on a matter material to its decision, i.e. fraud on the court.

The redaction only makes it worse. Why redact an otherwise completely innocuous and nonprivileged item like deposition preparation? It only makes sense if they remembered that their clients committed perjury about that very event.

That's what I was thinking. Not re: honest explanation, since I obviously wouldn't know, but the redaction. If it were at least unredacted then they could claim they had been negligent during deposition and missed when their clients lied, at least shunting some of the responsibility off onto their clients, but deliberately hiding it means they know it's a lie - either their billing or the deposition answers - and did nothing about it.

It seems like they could have just avoided it by not billing it, but I suspect they expected Chupp to do what everyone was predicting and look at none of it, then wave it through.
 
Im staggered that Nick may have been right on the money again.
Chupps incompetence and constant adherence to how a prior case went would follow suit with his laziness and a lack of knowledge about these preceding's.
I just cant wait to see what got Chupps head perked up, and has him digging into past record to compare.
Hoping for Chupp to have his own redemption arc!
 
While it would be awesome if Chupp "saw the light"(read the goddamn papers), we have to keep in mind that the appeals court will have the ultimate say. And there is a huge disadvantage in that.

The appellate judges have never met Vic, but more importantly, have never met the Fuhrer. Lets hope that human element doesn't interfere too badly.
 
No. If he didn't have jurisdiction and the appeals court did, the appeal notice was timely filed. If he retains jurisdiction until after the sanctions are decided upon, then the appeal notice is perfected after the sanctions are decided upon.

That being said, I've been informed that Chupp has "requested" unredacted billing from all defense attorneys involved, with the first calls going to Lemoine, Perez, and Casey (and these requests were in the form of an order). There may also be a surprise hearing early next week that Perez and Casey are demanded to attend.
My opinion of Chupp has changed dramatically throughout this trial. At first I thought he was just some no nonsense low level judge. Then I believed his name could be a synonym for lazy and incompetent. This last transcript and current ruling has changed my opinion again.

Chupp for all intents and purposes seems like he currently is gravely worried he could royally fuck Vic unjustly. He has seen Lemon's plan for inflated fees and denial of appeal based on a technicality. His currently picking through fees is completely unexpected by me. It is neither lazy nor incompetent. His actions are seemingly just and fair. The fact that he is even taking more time than he anticipated to actually read something is a shock.

For any wondering what I'm referring to in the transcript, it is this.
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Ok, while I don't think this will result in a backpedaling by Chupp about his rulings... Dear heavens I would probably laugh myself into an injury if that happened, if it happened indirectly because JSL wanted to depose Vic... Oh my...

Rate me hopeful as much as you want, if Chupp actually backpedaled his rulings the chimp outs would be a thing of legend.
 
If Chupp actually ends up reversing his decisions, I might end up going to church again.

I don't see that happening, but the billing issues are more than minor and those are probably what he is addressing. I wouldn't get overly optimistic. Still, if Chupp generates a good, solid record for the appeals court to look at, even if he does just greenlight all their bills, that's a better outcome than we were expecting.

It seems like they could have just avoided it by not billing it, but I suspect they expected Chupp to do what everyone was predicting and look at none of it, then wave it through.

They may also have been led to believe by Ty's generally affable willingness to get along that he was some dumb rube they could just away with murder against. Their arrogance and overconfidence may very well come back to bite them on the ass.
 
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well there was that shock jock trial in Florida that got 3 lawyers permanently disbarred when they had their paralegal set up opposing counsel with a DUI. The lawyers (a few in that case) had long careers before going stupid so sometimes the stupid just takes time.
How the hell does that work? I need more details.

I don't see that happening, but the billing issues are more than minor and those are probably what he is addressing. I wouldn't get overly optimistic. Still, if Chupp generates a good, solid record for the appeals court to look at, even if he does just greenlight all their bills, that's a better outcome than we were expecting.
So whats the remedy for something like this based on the 3 options Allanon listed?

Another question. Is it significant that MoRon lied about their depo prep or who was paying for thier lawyers? I mean obviously its lying under oath but how does lying about those things specifically hurt Vic?
 
So whats the remedy for something like this based on the 3 options Allanon listed?

Anything from just denying them the questionable billing item to sanctioning them for it, up to and including completely denying their billing or reducing it to a dollar, or even issuing a perjury referral for criminal prosecution to the state. Don't expect much, though.
 
Plus they had already gone for 4 hours with those that were already going on the stand.

Don't quote me on it, but I think you need to slot those people in beforehand. It simply... wasn't a reason to in a timely manner.

So ask to slot them in beforehand and ask for more time or another hearing. The worst that happens is the judge says no. If there really is evidence of perjury right there in the defendants' own filings why wouldn't you try to get that in front of the judge? Don't just expect Chupp to figure this out on his own. Tell Vic's lawyers to work for their $500 an hour.
 
I don't see that happening, but the billing issues are more than minor and those are probably what he is addressing. I wouldn't get overly optimistic. Still, if Chupp generates a good, solid record for the appeals court to look at, even if he does just greenlight all their bills, that's a better outcome than we were expecting.

How funny would it be if they got hit with some fraud accusations that were substantiated by the judge? Lemoine and KV have been crowing about how Nick and Ty are grifters/fraudsters with the GFM, but then it's confirmed the only grifters remain on KV side, only this time it's on the record and attorneys are about to get their shit pushed in.
 
Im staggered that Nick may have been right on the money again.
Chupps incompetence and constant adherence to how a prior case went would follow suit with his laziness and a lack of knowledge about these preceding's.
I just cant wait to see what got Chupps head perked up, and has him digging into past record to compare.
Hoping for Chupp to have his own redemption arc!

If Chupp changes his tune (not just in a 'flips the ruling' way, but in an attitude way) from now on, this may be what Nick was talking about months ago, where the last thing you want in a TCPA motion (as a defendant) is for the judge to get interested in the case. Chupp was clearly uninterested in the case when the initial hearing hit and wanted it all off his docket, but as of this latest hearing, it's possible he's gotten interested.

That said, my own theory is that if he's paying more attention, he's been doing it since the 'death threats'. Bear with me, but up until that point, Chupp had been pretty lazy about everything. He'd respond to things by not ruling on it, like 'you're not going to file TCPA like that, right?' and 'I probably will look at it, can't see how I wouldn't', 'lol public figure sure, there's lots of people here', and generally seemed lost, confused and uninterested. Then he gets these death threats sent to him by Marchi and he orders an emergency hearing, demands immediate mediation, and appears to realize for the first time there might be some substance to the case.

So here's what I suspect: Chupp didn't read a darn thing up until the death threats. He just relied on the evidence brief handed to him in the hearing. This is why he dismissed all motions to strike, because he didn't want to be bothered with reading them, and he granted all the extensions - he didn't want to bother reading into it. The hearing shows up, he assumes this is some petty, unimportant defamation case where one guy got mad about other people saying things he didn't like. He doesn't do any research into the TCPA before the hearing and so doesn't know the standards for it very well. This is why he agrees with Sam that Jamie's statement would need fact-finding but still dismisses the claim before that - he had no flippin' clue what the statement was before then.

He gets the death threats and pushes them to mediation, still not getting the situation. They don't settle out like he hopes, and he gives a glance over at the TCPA filing. He barely reads it, thus getting Ron's role hilariously wrong, and just shoves it off his docket because it's probably getting appealed and judges who know TCPA better than him can look at the whole thing. From that emergency hearing onward you see he's more alert in transcripts, asks more questions and is more bewildered by the defense. Martinez is credited with being very smooth and efficient, but Chupp also doesn't talk over him and literally tell him to shut up, either.

This all culminates in the billing stuff. So wouldn't it be funny if the defense sending those 'death threats' to him to try to poison the judge against Vic actually was the trigger to get Chupp off of his butt and pay attention to a case he'd written off as 'a slapfight between cartoon people'? Especially if their perjury in the frivolous billing and Lemoine's insane superbill is what finally pushed him into this deeper investigation/possible demand of unredacted billing.
 
How funny would it be if they got hit with some fraud accusations that were substantiated by the judge? Lemoine and KV have been crowing about how Nick and Ty are grifters/fraudsters with the GFM, but then it's confirmed the only grifters remain on KV side, only this time it's on the record and attorneys are about to get their shit pushed in.

Oh, they'll still spin it.
They'll suddenly hate Chupp or say Vic used his gay pants power to bewitch him.

They are so desperate to be right that they'll entirely disregard the truth.
 
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