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

[DrearyDoomguy]

If nothing, at least Ty got enough to buy himself a luxury cruiser and name it the SS Broly.

Funny you should mention that, when Nick finally broke his silence he mentioned "Beard Harris". Furthermore, looking on Ty's website Christie, the senior partner who previously replaced Bullock and Hughes in the firm's name, is no longer listed. Another one bites the dust?

 

[Kosher Salt]

IANAL and it's easy to Monday morning armchair quarterback, but this is 100% what I'd try to do. Call their bluff, have a busy calendar, keep things to paperwork and motions until you're past the TCPA window.

And when the defendants say "the deadline to file a TCPA motion to dismiss may be extended on a showing of good cause, and we believe good cause exists because"... my dog got sick, we had fifteen legal briefs to crap, and the plaintiff in this case is causing unnecessary delays in discovery...

Playing chicken with deadlines is arguably what eventually lost Vic the case, recall.

 

[AnOminous]

Parties agreed to stupid shit like depos before a tcpa motion, agreed to allow the depos to be videod and then published, didn't fill their paperwork out correctly, the ty-lephone notary, filed shit at the last second (or past the last second)... We could go on.

Hindsight is easy, but in retrospect, the depositions were when it should have been clear the wheels were coming off. The proper choice was not to agree to a plaintiff deposition, but instead insist on the dispositive motion that would have made it unnecessary be ruled on first, or at the very least, move that this absolutely flabbergastingly unnecessary and expensive faggotry have its costs paid by both sides.

Whatever his reasoning for it, and it's hard not to suspect mercenary motives for such an expensive course of conduct, it allowed the parties to rack up lots of billables, apparently only benefiting them.

While I think Vic acquitted himself admirably and I had a better opinion of him after the deposition, it was still six figures blown on something maybe a few dozen Internet nerds actually read, or watched on Nick's stream, and Nick's utter self-destruction of his reputation at this point makes Vic look bad just for having ever had anything to do with him.

And when the defendants say "the deadline to file a TCPA motion to dismiss may be extended on a showing of good cause, and we believe good cause exists because"... my dog got sick, we had fifteen legal briefs to crap, and the plaintiff in this case is causing unnecessary delays in discovery...

If there's no triable issue of fact, there is absolutely no reason for discovery. Even asking for a deposition is basically admitting triable issues of fact exist, so drop the TCPA motion and we can move right to discovery. A TCPA motion is essentially saying that on its face, there is no case at all. What is there to discover?

And also remember, a core element of the TCPA is immediately suspending discovery. This is like the whole point of that law. Only by agreement of the parties could that bullshit have even happened.

 

[numetalborder]

All things considered, was this case doomed the moment Chupp became the judge? It sounds like he made his mind up day 1 which sounds corrupt as fuck.

 

[AnOminous]

All things considered, was this case doomed the moment Chupp became the judge? It sounds like he made his mind up day 1 which sounds corrupt as fuck.

Quite possibly but without the monumental pile-up of fuckups that subsequently occurred, it is entirely possible the case would have been reinstated on appeal.

 

[Party Hat Wurmple]

Quite possibly but without the monumental pile-up of fuckups that subsequently occurred, it is entirely possible the case would have been reinstated on appeal.

Sorry AnOminous, but I don't buy it. There is zero chance this case was ever getting reinstated on appeal. It was immediately apparent that the appeals court wasn't just dragging their feet through the mud when this turned into one the last cases on the docket and they weren't ruling on it. They were flat out antagonistic to this case and did NOT want to throw it back. Whether it's because of outside influences, COVID, or plain out apathy when looking at the massive stack of paperwork, they were desperate to find any reason to throw this case in the trash and off their docket. Which is exactly what they did.

The moment Chupp, who has to be the most incompetent and (a)pathetic judge I've ever seen, was assigned the case was doomed. It didn't matter if it had merit. It didn't matter if they had prima facie. Chupp wanted a dollar amount from Beard and didn't give a rats anus about anything else. When he couldn't give it to him, since discovery needed to happen, he threw it away because it's too much work for him. He is a terrible judge. He knows he's a terrible judge. He gave up being a judge a long time ago. He's just a hollow shell in a robe collecting a paycheck.

We can mock Beard and Bullock not being competent all we fucking want, but the reality was on paper this was a slam dunk case. It's not like the notary issue was that actually made a difference. If it weren't that, the appeals court would've just found something equally as stupid to toss it out for. They may have even pulled the latches or standing trick because that's current nowadays. The reality is, in a just world with competent non-lazy judges, this would've been a slam dunk case if there ever was one.


Instead we live in clown world. Here in clown world the competency crisis is in full swing and Chupp quiet quit at least a decade ago.

 

[RurkerHivemind]

I would rather have AI replace the Legal System at this point.

 

[TheClappening]

Random clip. Sean (Potentially Criminal) was covering the oral arguments in the Quest v. Rekieta defamation case, and about 2 hours into the show Null showed up and talked about anti-SLAPPs, and touched on Vic's case.

Null's lawyer Hardin believed that Texas anti-SLAPP is "insane" and is what fucked Vic's case. He also mentioned that he thinks the TCPA was changed because of Vic's case.

Some of that sounds familiar, but I don't know one way or the other. I still believe Ty Beard was the primary cause of Vic's case going to the shadow realm.

 

[mindlessobserver]

There is a silver lining to this case.

Judge John Chupp will never live down his lazy dismissal of the case and subsequent flailing to justify his decision. While Ty Beard was responsible for the notary fuck ups, John Chupp was responsible for seeing proper application of the law that furthered the cause of justice.

John Chupp made a ruling that was perfectly in line with strict adherence to the procedural laws or the State of Texas. Laws that same State a few months later revised because they were retarded.

But Chupp could not undo his sin, because his sin was affirmed by higher court.

And so Chupp will one day die. And on his grave someone will place a plushie of Edward Elric, and a note that reads, "here lies John Chupp. In death he finally understands. Heaven is not noticed and God has no Notary".

 

[6MillionCoofs]

Is that really a silver lining though?

‘Yes the law was so fucked up it screwed you over and we decided to change the law as a direct result but you are still on the hook, even though everyone admits it was a fuck up and shouldn’t have been’

If anything that just further cements Vic is one of the most unlucky people on the planet.

 

[ThatDumbPhilosopher]

What a shame.
I hope that Vic will be able to recover from this and that Ty aswell as his detractors will be visited by karma.

 

[Darksydepickle]

It's been years and we are still discussing the case. It's funny how, when all this started.... Rekieta was seen in a good light, a slightly boring but likeable boomer that splained law.

We should've seen it coming when he suggested Ty and stuck by him as he blundered every step of the proceedings.

 

[boofit]

as he blundered every step of the proceedings.

Take one good look at Vic. Imagine you are the judge doing it. He's seen lots of pests over the years. What does he see.

There was never a winnable case. This was mega grift for all involved. Also bad attention is still attention. And the professional attention cravers sure got theirs. Spotlight.

 

[AnOminous]

Take one good look at Vic. Imagine you are the judge doing it. He's seen lots of pests over the years. What does he see.

"Just look at him!" Great argument.

 

[boofit]

"Just look at him!" Great argument.

At least I've got one
sticker away

 

[teriyakiburns]

He's seen lots of pests over the years.

The only thing Chupp generally sees is the inside of his own arse.

 

[boofit]

The only thing Chupp generally sees is the inside of his own arse.

This kind of view is repeated over and over here in the mean time the case is lost and vic is fucked all the "enememies" won decisively and maybe just maybe what goes for normal on Kiwi in this context does not pass the reality smell test.

 

[teriyakiburns]

This kind of view is repeated over and over here in the mean time the case is lost and vic is fucked all the "enememies" won decisively and maybe just maybe what goes for normal on Kiwi in this context does not pass the reality smell test.

Your position is that Vic lost on the merits of his case being poor, but this ignores that the merits were never argued at any point, thanks to a combination of Ty's boomerisms and Chupp's preference to rule based on things that aren't actually in front of him. Yes, Vic lost. He lost not because his opponents (a serial wife beater, a fat narcissist, and another fat attention seeker) were right, but because of incompetence and literal poor judgement.

 

[boofit]

Your position is that

My position is that the whole of weebwars was constantly pissing and LOL on every actor in the case but Vic. I know because I started out likewise.
Procedure is done and the outcome is we (well I quit weebars after some time it got old fast) were wrong. The reasons are not important anymore the outcome is.

Somehow Vic is mr nice guy who can do no wrong not mr creep. I'm not saying he did what they alleged, I think he's gay af I'm pretty sure he can't get it up with a women let alone the ugly bitches this concerns. He is still a fucking creep tho. Maybe not in this case but I do not trust this to be true in other cases. The vibes this guy sends out damn. The fucking pants. Here I started differing from the going opinion of mr victim and thinking about the money and the attention.

Sure Rekieta and the other douchebag were not up to the job. Probably that judge has issues. Still I'm putting myself in the shoes of this judge and I see what I see. I've seen a creep or two in my lifetime. I think he did as well. That must have played a role. Furthermore everybody in it made out like bandits during this period, I'm sure Vic also got lots of donations from people sympathizing apart from the legal fund and stuff. The whole forum was on his side and still is just as an example. I'm thinking the money is for sure a factor. The attention as well. These are people that need the attention professionally.

So I'm not specifically going into procedures I"m going into what's not said.

If you want to win your case you make sure your team is up to it, you get the best money can buy. He got ty. Jezus.

 

[The Demon Pimp of Razgriz]

He is still a fucking creep tho.

Based on what? You literally have no reason to believe this. Your entire argument is farcical.

Still I'm putting myself in the shoes of this judge and I see what I see. I've seen a creep or two in my lifetime. I think he did as well.

Judges don't rule based on how a person looks, dumbass, they rule based on the facts of the case. Competent ones, anyway. The incompetent ones, like Chupp, simply rule in whatever way gets the case off their docket the fastest.