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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Arilea dijo:
OMG this is hilarious! I really want to see the lawtwits reaction to this.
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Have they possibly not retained counsel on the brief? Supposedly the lunger wasn't going to be responsible for that, and I doubt anyone less stupid would do it on any kind of contingency basis for possibly illusory conditional appeals awards from the Chupper. If the court is automatically kicking out a notice like this, it means there probably hasn't been any conferring between the parties, or they'd have filed an unopposed motion.

Or possibly they've just abandoned their dumb appeal on the fees. They'd still lose style points on screwing up by not filing anything on time, not even a motion to extend the time limit.

Dr. Geronimo dijo:
So lawtwitter shat on Ty for asking for an extension (UNOPPOSED) but MoRon can't even get off their asses for that?
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Await *crickets* or #stillfired and/or one or two weak and convoluted attempts to portray it as the height of lawyering.

Also of mild note, although I think we've mentioned it before, the lunger isn't listed on this, but Rusty O'Kane is, as well as Casey the Cuck and Andrea Perez.
 
Possibly, but I was under the impression that Rusty whatever was the appellate lawyer. Didn't they have to conference for the first delay tho?


AnOminous dijo:
Have they possibly not retained counsel on the brief? Supposedly the lunger wasn't going to be responsible for that, and I doubt anyone less stupid would do it on any kind of contingency basis for possibly illusory conditional appeals awards from the Chupper. If the court is automatically kicking out a notice like this, it means there probably hasn't been any conferring between the parties, or they'd have filed an unopposed motion.

Or possibly they've just abandoned their dumb appeal on the fees. They'd still lose style points on screwing up by not filing anything on time, not even a motion to extend the time limit.



Await *crickets* or #stillfired and/or one or two weak and convoluted attempts to portray it as the height of lawyering.
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Arilea dijo:
Possibly, but I was under the impression that Rusty whatever was the appellate lawyer. Didn't they have to conference for the first delay tho?
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Yes.

10.1. Contents of Motions; Response
(a) Motion. Unless these rules prescribe another
form, a party must apply by motion for an
order or other relief. The motion must:

[. . .]

(5) in civil cases, except for motions for
rehearing and en banc reconsideration,
contain or be accompanied by a
certificate stating that the filing party
conferred, or made a reasonable attempt
to confer, with all other parties about the
merits of the motion and whether those
parties oppose the motion.

Texas Rules of Appellate Procedure 10.1(a)(5).

I hope Ron Toye and Monica Rial are satisfied with the quality of the counsel they are spending mind bending levels of money on.

Or are they? Have they been told to pay up or fuck off? Are they even being represented?

No wonder Ron Toye is losing his goddamn mind sending reams of crazy gibberish to Nick Rekieta. It won't help him though.
 
Arilea dijo:
Possibly, but I was under the impression that Rusty whatever was the appellate lawyer. Didn't they have to conference for the first delay tho?
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BHBC apparently conferred with Lemwaah.

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BeHappyForever dijo:
New filing from the CoA, Notice of late brief for Ronald Toye and Monica Rial.
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Well, fuck me! Not looking so good for them, is it? I mean, not like it loses the case for them, of course. It's only their cross-appeal, which, unless I'm mistaken, is not about a central issue of the case anyway. But still...

I feel like maybe we totally overlooked this side of things, though. Was there a separate notice about the cross-appeal? Or was their brief due on the same date (Jan. 27), and they were jerking off on Twitter or whatever so much they forgot to actually do something for their side of the case?
 
774 dijo:
Well, fuck me! Not looking so good for them, is it? I mean, not like it loses the case for them, of course. It's only their cross-appeal, which, unless I'm mistaken, is not about a central issue of the case anyway. But still...

I feel like maybe we totally overlooked this side of things, though. Was there a separate notice about the cross-appeal? Or was their brief due on the same date (Jan. 27), and they were jerking off on Twitter or whatever so much they forgot to actually do something for their side of the case?
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They didn't file their cross appeal until substantially after the original notice of appeal.
 
774 dijo:
Well, fuck me! Not looking so good for them, is it? I mean, not like it loses the case for them, of course. It's only their cross-appeal, which, unless I'm mistaken, is not about a central issue of the case anyway. But still...

I feel like maybe we totally overlooked this side of things, though. Was there a separate notice about the cross-appeal? Or was their brief due on the same date (Jan. 27), and they were jerking off on Twitter or whatever so much they forgot to actually do something for their side of the case?
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AnOminous dijo:
They didn't file their cross appeal until substantially after the original notice of appeal.
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Vic's notice of appeal was 10-24-2019, with the docketing document filed 11-4-2019. MoRon's notice of cross appeal was 12-13-2019 with their docketing document filed 1-8-2020.

That said, I think the question was when their cross appeal brief due?
 
Éire-Ice36 dijo:
I am not too hopeful on this but if they get the hammer for this, I will suffer permanent damage to myself form laughing so hard.
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It's nothing that matters that much, though. Not like they're going to lose the whole case. Just, maybe they won't get to appeal the fees and sanctions award. Big woop. Any parts of the ruling that get overturned will (in theory) cut into those fees and sanctions. And as for the appeal-dependent extra stuff, those all only apply if nothing is changed about the ruling, which I really doubt will be the case, even if things go badly for Vic. That being the case, they should only get part of the not-so-large base amounts. Unless I'm missing something, which is possible.
 
OneHandClapping dijo:
Vic's notice of appeal was 10-24-2019, with the docketing document filed 11-4-2019. MoRon's notice of cross appeal was 12-13-2019 with their docketing document filed 1-8-2020.

That said, I think the question was when their cross appeal brief due?
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The deadline is calculated from the later of when the reporter's record or clerk's record is filed. The reporter's record was filed 1/6/2020. Their brief was due the same date as Vic's, on 1/26/2020.

The applicable rule cited in the letter from the court:

38.6. Time to File Briefs
(a) Appellant's Filing Date. Except in a habeas
corpus or bail appeal, which is governed by
Rule 31, an appellant must file a brief within
30 days — 20 days in an accelerated appeal
— after the later of:
(1) the date the clerk’s record was filed; or
(2) the date the reporter’s record was filed.


The court is treating this as an accelerated appeal. Meanwhile the parties are shilly shallying around like they have better things to do.
 
AnOminous dijo:
The court is treating this as an accelerated appeal. Meanwhile the parties are shilly shallying around like they have better things to do.
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At least BHBC filed a proper motion for extension [And I hope to God they'll deliver their best when next Tuesday arrives].

But remember Cuck Lightsped's Tweet from end of January...

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:story: :story::story:
 
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