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

[AnOminous]

It's also reasonable. Chupp let Ty go on and on about the 2AP without even letting him know then that he wasn't going to consider it, and even saying that he likely would.

The parties and court acted in a manner consistent with the belief that it was the operative pleading, both during the hearing and afterwards, as Lemoine acknowledged by moving for it to be stricken, a pointless action if it were not part of the record.

 

[5t3n0g0ph3r]

Referring to Lemoine's ex parte letters to Chupp. You can find them somewhere in this thread, just as you can the formal filings.

Or the Weeb Wars Index (1, 2).

 

[774]

Or the Weeb Wars Index (1, 2).

It's kind of lame that a thread in a non-legal section has better organization of the legal documents than the legal thread does.

 

[5t3n0g0ph3r]

It's kind of lame that a thread in a non-legal section has better organization of the legal documents than the legal thread does.

To be fair, there are links to the Index in the OP.

 

[774]

To be fair, there are links to the Index in the OP.

Fair enough, I suppose.

 

[5t3n0g0ph3r]

Fair enough, I suppose.

I would also like to add it would have been impossible to list them in the OP because of the word count limit.

 

[AnOminous]

I would also like to add it would have been impossible to list them in the OP because of the word count limit.

Now you know what it's like being An Lee Hsu.

Also Nick pointed something out about the word limit. The word limit for this brief and the response is 15,000 words, but the total word limit for the entire case is 27,000 words.

"(B) A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer-generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not." Tex. R. App. P. 9.4(i)(2)(B).

So I was right about how many words they have left to respond to the reply briefs, but they have even fewer to respond to the other side's fee argument, i.e. the sum total can't exceed 27,000 words without a motion. Anyway a minor correction but the issue might come up again.

 

[TheClappening]

Now you know what it's like being An Lee Hsu.

Also Nick pointed something out about the word limit. The word limit for this brief and the response is 15,000 words, but the total word limit for the entire case is 27,000 words.

"(B) A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer-generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not." Tex. R. App. P. 9.4(i)(2)(B).

So I was right about how many words they have left to respond to the reply briefs, but they have even fewer to respond to the other side's fee argument, i.e. the sum total can't exceed 27,000 words without a motion. Anyway a minor correction but the issue might come up again.

Does the cross appeal have its own word limit for both appellants (MoRon) and appellee (Vic)? I assume so, since it's a separate appeal.

The weird thing is, if I remember it's going to be submitted alongside the appellee's reply. Are they going to have separate documents (if that makes sense) or is this going to be some weird chimera of word counts?

 

[AnOminous]

Does the cross appeal have it's own word limit for both appellants (MoRon) and appellee (Vic)? I assume so, since it's a separate appeal.

The weird thing is, if I remember it's going to be submitted alongside the appellee's reply. Are they going to have separate documents (if that makes sense) or is this going to be some weird chimera of word counts?

It's 27,000 total for both of them, at least if what Nick said is correct. Since they're probably going to use all 15,000 for their main briefs, it will be 12,000 for the fees sideshow. Assuming nobody files to exceed.

 

[TheClappening]

It's 27,000 total for both of them, at least if what Nick said is correct. Since they're probably going to use all 15,000 for their main briefs, it will be 12,000 for the fees sideshow. Assuming nobody files to exceed.

So the cross appeal has the dual purpose of trying to squeeze money out of Vic instead of MoRon, and bury Vic's counsel under more words. Fantastic.

 

[I'm not a Robot]

Now you know what it's like being An Lee Hsu.

The appeal has Jim Bullock's name on it.

So the cross appeal has the dual purpose of trying to squeeze money out of Vic instead of MoRon, and bury Vic's counsel under more words. Fantastic.

They have the same constraints. The more they spend on asking for more money, the less they have to defend what they got.

What's the r/TheyDidTheMath on using all 27,000 words to keep the $100,000 they were awarded versus using 15,000 words to ask for another $200,000 and 12,000 words on why they should get to keep their $100,000?

Ron and Monica are at a double disadvantage since they are filing together. Sam Johnson might prefer that they lose their cross appeal, because if they succeed in modifying the judgement, then the amount Chupp awarded him for the appeal is no longer valid.

 

[AnOminous]

The appeal has Jim Bullock's name on it.

Ver archivo adjunto 1157476

That doesn't mean he wrote it all or even most of it.

 

[774]

It's 27,000 total for both of them, at least if what Nick said is correct.

Wait, "both of them", as in the 27,000 is for the sum of what both parties file? The rule says, "the aggregate of all briefs filed by a party", not both (or all or whatever) parties. Or am I misreading something?

 

[Fox Fucker]

Wait, "both of them", as in the 27,000 is for the sum of what both parties file? The rule says, "the aggregate of all briefs filed by a party", not both (or all or whatever) parties. Or am I misreading something?

Both parties have 27,000 words each. It's just being assumed that both parties will use 15,000 words on the main TCPA appeal, and will likely use 12,000 on the appeal for the fees, unless one of them files for a limit extension.

 

[774]

Both parties have 27,000 words each.

That was how I read the rule, but AnOminous' wording seemed like a different interpretation. Might just me being stupid, though.

 

[AnIncredibleDerp]

I thought about my statement on putting all the eggs in the 2AP, then I remembered, that the plaintiffs have a chance to respond, and I am 100% sure that the defense is going to say the 2AP did not apply, giving them the chance to respond accordingly.

 

[Cloud8521]

That was how I read the rule, but AnOminous' wording seemed like a different interpretation. Might just me being stupid, though.

That would be too easily exploited, just by limiting how much the other party can respond.

 

[Notspecialdude]

I thought about my statement on putting all the eggs in the 2AP, then I remembered, that the plaintiffs have a chance to respond, and I am 100% sure that the defense is going to say the 2AP did not apply, giving them the chance to respond accordingly.

Thats the thing though. If they argue that, the natural counter would be that chupp didn't make a ruling either way, Something he is supposed to do. Which would lend credibility to the plaintiff's claim that the ruling was in error.

 

[AnOminous]

Wait, "both of them", as in the 27,000 is for the sum of what both parties file? The rule says, "the aggregate of all briefs filed by a party", not both (or all or whatever) parties. Or am I misreading something?

Both the appeal and cross appeal.

Both parties have 27,000 words each.

All parties have 27,000 words. There are five parties. MoRon may continue filing as if they're married, though they're separate parties.

 

[774]

Both the appeal and cross appeal.

Right, that makes sense.

MoRon may continue filing as if they're married, though they're separate parties.

That's a good point. So they could file separately, not making the same arguments, and get more words out of it. Or they could stick together and limit their word count. ⚖