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

[TheClappening]

We don't need to speculate on what those cunts would do. We just need to remember back to a couple weeks ago when Ty was pathetic for "begging" for an extension and filing a motion to extend time BEFORE the appeals court had to kick out a "where's the brief" letter threatening to dismiss the appeal.

According to what Nick's said, BHBC had already conferred with opposing counsels days before the 27th and had gotten their approval before filing the motion for an extension.

And now apparently Lemwaaah called up to beg Vic's team for an extension when the appeals court asked what the fuck.

 

[AnOminous]

According to what Nick's said, BHBC had already conferred with opposing counsels days before the 27th and had gotten their approval before filing the motion for an extension.

And now apparently Lemwaaah called up to beg Vic's team for an extension when the appeals court asked what the fuck.

But remember, Ty is the dumb bumpkin who fucked up, while what Wick Phillips did, blowing off the deadline which expired literally weeks ago, is the height of professionalism.

Just watch how pathetic, spineless, and unprincipled Doucette and Lawtwitter are.

 

[Laundui_or_douchette?]

We don't need to speculate on what those cunts would do. We just need to remember back to a couple weeks ago when Ty was pathetic for "begging" for an extension and filing a motion to extend time BEFORE the appeals court had to kick out a "where's the brief" letter threatening to dismiss the appeal.

to be fair, you also torched Ty for requesting the extension.

 

[AnOminous]

to be fair, you also torched Ty for requesting the extension.

I said I didn't like it. I said I'd prefer that not to happen. I would still prefer it hadn't been done that way. But it was a choice well within normal behavior.

It wasn't blowing off the deadline, waiting a couple weeks for the appeals court to notice, and then having to make panicked way-after-the-last-minute explanations as to why they just flat out blew off a deadline.

 

[EmuWarsVeteran]

Hmmm? Complicated Legal Question. When Lemoine drops dead from Corona-Chan at the first hearing does he get to declare that as a win or a loss? And how does it impact his billing?

You seem to infer Lemoine will be alive long enough to get killed by China's best girl. I would not make that assumption.

 

[NadeND-001]

We have a law twatter defender.

Nadesico on Twitter: "The soy is strong in you. Put on your favorite …

archived 13 Feb 2020 10:33:19 UTC

archive.fo

 

[Kendrick]

So, I'd love for Ty and co to oppose a retroactive motion for extension, and showing all the bad faith stuff the defendants have used against them (like the 2nd amended petition opposition) to show that they want a double standard of getting everything for them, and denying everything for their opposition who has been kind a courteous up until now.

Will that happen? I am sure it won't. That would be kinda petty and would appears badly in front of the appelate judges, and I don't even know if they can do that at this point. Though I'd love for them to get the boot in their attempt to explode the costs for Vic.

 

[MakeAnimeGA]

For those who keep up with documents. No idea what this is about.

 

[EmuWarsVeteran]

For those who keep up with documents. No idea what this is about.

Ver archivo adjunto 1142755

Well everyone else fucked every step along the way at this point I don't even know why I'msurprised the clerk's exceptional too. This ride has no breaks! I swear we're in the legal version of willy wonka's fucking tunnel o' fun.

 

[AnOminous]

We have a law twatter defender.

Nadesico on Twitter: "The soy is strong in you. Put on your favorite …

archived 13 Feb 2020 10:33:19 UTC

archive.fo

Ver archivo adjunto 1142543

This liar is shockingly pathetic. No, Ty did not "routinely miss deadlines." He missed one by a half hour. He repeatedly graciously extended deadlines for the other side, with absolutely no reciprocity by the other side the one instance where that worthless toad Lemoine could jump on it in less than an hour. This dumb piece of shit can't name any of these supposed multiple times.

There is also no "automatic extension." That is not in the rules. The court "may" grant an extension WITH CAUSE. The fact that it usually does does not mean they have to do that.

Here's the actual rule, since nobody seems to bother reading those before spewing bullshit:

38.8. Failure of Appellant to File Brief
(a) Civil Cases. If an appellant fails to timely file
a brief, the appellate court may:

(1) dismiss the appeal for want of
prosecution, unless the appellant
reasonably explains the failure and the
appellee is not significantly injured by
the appellant's failure to timely file a
brief;

(2) decline to dismiss the appeal and give
further direction to the case as it
considers proper; or

(3) if an appellee’s brief is filed, the court
may regard that brief as correctly
presenting the case and may affirm the
trial court's judgment upon that brief
without examining the record.

So the court MAY (1) dismiss the appeal outright if there is no reasonable explanation for the failure (and while "we are just stupid" will probably be let slide it is NOT mandatory).

For those who keep up with documents. No idea what this is about.

Ver archivo adjunto 1142755

Chupp's court screwed up and didn't include the full record. The brief has to cite to the official record, which is presented to the judges on the panel as a series of bound volumes with an internal page numbering system so they can be uniformly referenced by both parties.

Does this mean they finally started writing their brief? Because it's hard to imagine you wouldn't notice two completely critical documents missing from the record when you first had to cite them while writing a brief.

As an example, you generally start a brief with a procedural history of this case, or a "Statement of Case."

STATEMENT OF THE CASE

This is an appeal from a health care liability claim filed under the Texas
Medical Liability Act. Roger Young, deceased, was a resident at Appellee Kindred
Hospitals Limited Partnership d/b/a Kindred Hospitals Fort Worth’s (hereinafter
“Appellee” or “Kindred”) long-term care facility from January 8, 2015, through
April 9, 2015, receiving physical rehabilitation therapy.[1] While under Kindred’s
care, Young developed pressure ulcers and sepsis, ultimately leading to his death on
April 16, 2015. Appellant filed suit on October 6, 2015.[2]

And you might refer to the record in footnotes as follows:

[1] CR: 5 - 17.
[2] Id.

It would be hard not to notice the absence of what you'd need to cite in the very first sentence.

 

[KittyLoaf]

For those who keep up with documents. No idea what this is about.

Ver archivo adjunto 1142755

Unless the CoA only takesthe most recent version of the petition. Sounds wrong to me, but I dunno anything about this process.

 

[774]

For those who keep up with documents. No idea what this is about.

Ver archivo adjunto 1142755

Jesus, how did they miss those? They may end up being pretty damn important. And besides, Chupp didn't want to accept the second amended petition, so if the first two are left out, there's no goddamn petition left! Well, not really, but you know what I'm getting at.

Does this mean they finally started writing their brief? Because it's hard to imagine you wouldn't notice two completely critical documents missing from the record when you first had to cite them while writing a brief.

I'm just amazed that the fucking court missed those documents, of all things.

Unless the CoA only takesthe most recent version of the petition. Sounds wrong to me, but I dunno anything about this process.

They need a complete record, though. For instance, if the 2AP is found to be untimely for the hearing, then the 1AP would be the relevant version as of the TCPA dismissal.

 

[AnOminous]

They need a complete record, though. For instance, if the 2AP is found to be untimely for the hearing, then the 1AP would be the relevant version as of the TCPA dismissal.

The missing document would be the original petition before amendment. It's also still going to be cited in the procedural history, in which every significant event in the case is listed by time, date and citation to the record. I'm not sure what their normal practice is but it would be a bit eccentric not to include the very first document filed in the case.

Chupp's handling of the case may have seriously made the record confusing to everyone involved, though.

 

[HighwayStar]

For those who keep up with documents. No idea what this is about.

Ver archivo adjunto 1142755

Nick was right. The system is broken.

 

[774]

Nick was right. The system is broken.

So what else is new?

 

[Harvey Danger]

It would be hard not to notice the absence of what you'd need to cite in the very first sentence.

From what Ty described of their process on streams, they write their briefs piecemeal, then put them together later. In that case, the footnotes would probably have a placeholder that gets filled in later, because you don't know where it will wind up in the final document.

We even saw this on one of their filings, which had footnotes in the proper places but left blank. The latest request to the clerk was signed by Bullock, which means it's still with BHBC, so that writing process is probably still being used.

So maybe they wrote the brief before they got the numbering from the COA clerk, and now that they're going back to update the references, they noticed the missing documents they need to cite. (They could also be huge procrastinators, but we've previously seen them do the footnotes at the last minute, so Occam's Razor doesn't give a clean cut here.)

 

[Garm]

The missing document would be the original petition before amendment. It's also still going to be cited in the procedural history, in which every significant event in the case is listed by time, date and citation to the record. I'm not sure what their normal practice is but it would be a bit eccentric not to include the very first document filed in the case.

Chupp's handling of the case may have seriously made the record confusing to everyone involved, though.

So Chupp Chupped the appeals court?

The brass balls on that man to try and get elected to it after something like this.

 

[Dr. Geronimo]

I love how even filing paperwork is a complete clusterfuck in this case.

Can't wait for Volney to loosen the urinal pipes in the court bathroom in order to embarrass Ty

 

[The Wisdom of Bassets]

Be honest. What do you guys think are the odds of Vic actually getting justice?

To quote Tim Pool's maxim..."It's complicated." First, I 'want' Vic and his fabulous pants to win on all counts. Which would be SOME degree of justice. With that said however...

"Justice" to me is Vic coming out of this fiasco with more fans than ever, actual friends he now KNOWS are his friends, and a 'career' that keeps making him money and doing what he loves.

The REST of "Justice" is his false accusers stuck with the legal bill, rendered unhirable by any name company and being relegated to begging for scraps in some back corner of failing conventions who in turn, screw them for appearance fees. 'Justice' is them watching their clout chasing fanbase abandoning them once they realize that the party is over and these 'con' artists are of no further value to the almighty cause of intersectionalism and Orange Man Bad leftism.

"Justice" may be blind but it would bear a striking resemblance to the average Kick Vic'er... AKA his accusers being alone, abandoned, broke, smelling like cat piss and raging impotently at the sky because your best effort to cancel a man into suicide made him more loved than he ever was. Thats what real justice looks like to me.

 

[GenericReviewerDraco]

Chupp is spedtacular. How did we get a judge dumber than Borrok?