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

It's a general legal term. I usually hear it in terms of a "prophylactic instruction" given to the jury in the event they hear something that might be prejudicial, warning them against using it as evidence of something improper.
Interesting. Just based on the Google search, I wouldn't have guessed that, because changing "texas" to "-texas" seemed to mostly change the results from legal to medical.
 
I love how he used the term "prophylactic" specifically to refer to their stalling bullshit.
Nick said it more times in the last stream than he's ever used any.

Can we speculate on why Casey wants this version of a rule 11 agreement. IIRC BHBH proposed a blanket redacted identifying information on accusers. Look at how insanly tedious Casey's plan is and that's only with current counsel and not including the suspected others to come. All i can see is a waste of time and money, but is there another reason?
810842
 
Weren't some of the case documents here on KF originally from Nick's Discord server, though? Were they still posted by people other than Nick himself? @KEK7go
Some have been. Most of the time we have had Texas Papers in our server, they have been bought by a Discord member and uploaded there. We do not have the transcript of the court hearing in our server.
 
Fuck, sometimes I wish the bad ratings weren’t next to the good ones. I keep accidentally fat fingering a negative to people I’m agreeing with. :oops: :optimistic:

Edit: Boomer spellings for a Boomer post

You can always go back and pick a different one.

Myself, I'm still trying to figure out why my first week here I could do Semper Fidelis, and then suddenly couldn't.
 
Reading this Casey's position looks absurd.

BUT, the one thing that looks bad for Vic in this IMO is Casey's complaints about what Ty has provided:
810858


a) Vic's responses were also due and Casey seems to be saying they got nothing other than public stuff and Toye's texts to Kamehacon.

However:
b) In a later email in the chain Casey acknowledges that the documents did include an email chain with Tami Denbow - so Casey apparently got that part wrong at least.

My concern here is:
1. Ty has repeatedly implied that he has a mountain of evidence and many parties have been talking to him
2. Casey's subpoena basically said "give me everything"
3. Ty has apparently provided public stuff, emails with Denbow and the Toye texts we've already seen
=> implies one of four options:
a) Casey is wrong/has missed other evidence in the files (see point (b)) OR
b) Casey is lying OR
c) Ty has also failed to comply with discovery OR
d) Ty has a whole lot less evidence than he's led us to believe
 
Reading this Casey's position looks absurd.

BUT, the one thing that looks bad for Vic in this IMO is Casey's complaints about what Ty has provided:
Ver archivo adjunto 810858

a) Vic's responses were also due and Casey seems to be saying they got nothing other than public stuff and Toye's texts to Kamehacon.

However:
b) In a later email in the chain Casey acknowledges that the documents did include an email chain with Tami Denbow - so Casey apparently got that part wrong at least.

My concern here is:
1. Ty has repeatedly implied that he has a mountain of evidence and many parties have been talking to him
2. Casey's subpoena basically said "give me everything"
3. Ty has apparently provided public stuff, emails with Denbow and the Toye texts we've already seen
=> implies one of four options:
a) Casey is wrong/has missed other evidence in the files (see point (b)) OR
b) Casey is lying OR
c) Ty has also failed to comply with discovery OR
d) Ty has a whole lot less evidence than he's led us to believe
I'd be more willing to believe a mix of a and b, as Casey attempted to say there were no communications with Denbow given to him by Ty. What's most likely going on is that either Casey received the information, but wants a foothold to claim that they have a right to the Rule 11 and filing for sanctions, stating Ty himself had not provided the information asked for during discovery, Ty's team made a mistake and had given an incomplete discovery document, or Ty really doesn't have as much as we think he does.
 
Reading this Casey's position looks absurd.

BUT, the one thing that looks bad for Vic in this IMO is Casey's complaints about what Ty has provided:
Ver archivo adjunto 810858

a) Vic's responses were also due and Casey seems to be saying they got nothing other than public stuff and Toye's texts to Kamehacon.

However:
b) In a later email in the chain Casey acknowledges that the documents did include an email chain with Tami Denbow - so Casey apparently got that part wrong at least.

My concern here is:
1. Ty has repeatedly implied that he has a mountain of evidence and many parties have been talking to him
2. Casey's subpoena basically said "give me everything"
3. Ty has apparently provided public stuff, emails with Denbow and the Toye texts we've already seen
=> implies one of four options:
a) Casey is wrong/has missed other evidence in the files (see point (b)) OR
b) Casey is lying OR
c) Ty has also failed to comply with discovery OR
d) Ty has a whole lot less evidence than he's led us to believe

These are valid concerns, and we don't know for sure. I think one option also worth considering is that Ty is treating opposing counsel with the same courtesy he has received.
Depositions will give a more complete view of what evidence either party actually has at this point.
 
Última edición:
My guess is Casey is being intentionally misleading. He's probably claiming Ty is 'cherry picking' comments in the same way that Nick "cherry picked' the transcript of the May 31st hearing (by providing all of it).

My guess is Ty may have boomered some things up with files (such as the rangers file being empty) or Casey is full of shit and i'm inclined to believe it's the latter at this juncture. Also keep in mind these are just the things Casey is complaining that he -hasn't- gotten. Note he does state he's gotten a large number of documents, but in his 'expert' opinion they must have been altered in some way and are thus inadmissable. Also Ty hasn't properly added the correct label to everything thus he loses. Again.
 
My guess is Casey is being intentionally misleading. He's probably claiming Ty is 'cherry picking' comments in the same way that Nick "cherry picked' the transcript of the May 31st hearing (by providing all of it).

My guess is Ty may have boomered some things up with files (such as the rangers file being empty) or Casey is full of shit and i'm inclined to believe it's the latter at this juncture. Also keep in mind these are just the things Casey is complaining that he -hasn't- gotten. Note he does state he's gotten a large number of documents, but in his 'expert' opinion they must have been altered in some way and are thus inadmissable. Also Ty hasn't properly added the correct label to everything thus he loses. Again.
If Casey's comments are taken in a vacuum, you can even get another gotcha moment with the accidental subpoena, then you might look at BHBH and wonder what's up. When you look at it in the context of Casey being a complete fucktard who is not following accepted practices hardly at all and is repeatedly breaking the rules of civil procedure, then it looks like he is being disingenuous at best. He's doing shit like this so that Shane and his ilk have a talking point about how Vic is totally losing his case because look at how his lawyers are mishandling it. It's also to deflate the gotcha moments people like Nick are teasing will come with the release of discovery documents, etc. It also would not surprise me at all if he can't produce anything because MoRonica don't have anything to the point where they deleted incriminating texts and emails after being served. I believe they are truly that stupid.
 
I think Ty didn't label the documents because of the way Casey treated him/ Vic and he wanted to return the favor in a way that he can't be called out on/ santioned for.

MoRonica don't have anything to the point where they deleted incriminating texts and emails after being served. I believe they are truly that stupid
Could be true or they didn't have anything to begin with as was discussed before.

What conserns me more is that Ty (apparently) didn't send any contracts and text messages, emails etc. to assert TI with existing contracts. Maybe they will send out subpoenas to the cons because they don't have anything at the moment except Kamehacon OR Casey is full of shit and lied.
 
Reading this Casey's position looks absurd.

BUT, the one thing that looks bad for Vic in this IMO is Casey's complaints about what Ty has provided:
Ver archivo adjunto 810858

a) Vic's responses were also due and Casey seems to be saying they got nothing other than public stuff and Toye's texts to Kamehacon.

However:
b) In a later email in the chain Casey acknowledges that the documents did include an email chain with Tami Denbow - so Casey apparently got that part wrong at least.

My concern here is:
1. Ty has repeatedly implied that he has a mountain of evidence and many parties have been talking to him
2. Casey's subpoena basically said "give me everything"
3. Ty has apparently provided public stuff, emails with Denbow and the Toye texts we've already seen
=> implies one of four options:
a) Casey is wrong/has missed other evidence in the files (see point (b)) OR
b) Casey is lying OR
c) Ty has also failed to comply with discovery OR
d) Ty has a whole lot less evidence than he's led us to believe

I went back to Casey's original notice of deposition (I looked for other requests for documents, but couldn't find anything in other filings, but I may have missed them) and here's what he had requested:

810934


At a glance, this just seems overly broad. If you look at some of Casey's complaints about the interrogatories for Ron and Monica being too broad, I'm curious how the hell he managed to ask for this with a straight face. Perhaps there's some implied language that lawyers don't include in these requests, but I'm making an assumption that it would be documents that Vic has, communications that Vic has made, etc.

My question is whether or not Ty is obligated to turn over any documents he has uncovered, or any communications that he has had, etc. that would support any of the above. Essentially, if Vic were in possession of the document or had that communication, he would be reasonably expected to turn it over, but if it was something that his defense team had uncovered or was aware of through that information being posted on the farms, then they wouldn't be obligated to give that to them at this stage.

Additionally, if any of the conversations were phone calls, there's nothing to turn over unless the conversation was recorded. I suppose you could post a call log showing you contacted a person on such and such date, but is that a different thing from the communication itself?
 
What conserns me more is that Ty (apparently) didn't send any contracts and text messages, emails etc. to assert TI with existing contracts. Maybe they will send out subpoenas to the cons because they don't have anything at the moment except Kamehacon OR Casey is full of shit and lied.
I've often wondered how much they already have and the answer might be just be not much besides what we already know. Discovery was always some level of a fishing expedition because BHBH know how blatant all these idiots were and there has to be evidence out there, it's just a matter of getting their hands on it. It looks like it won't be from MoRonica and they will have to go the subpoena route. Fortunately there is plenty of defamation evidence and clear TI evidence for Kamehacon. The Kamehacon texts have claims of other TI in them as well. How much that alone would sway a judge and jury without and corroborating evidence is a concern. Overall the state of the case seems fine to me. I was hoping for more, but it was like hoping the UFC heavyweight champ steps into the ring to stomp Soye et all into the ground and you get the middleweight champion instead. MoRonica are still going to get their asses beat.
 
Reading this Casey's position looks absurd.

Until I see anything like the actual disclosures, I am going to assume Casey deliberately created a situation where he knows he's looking at a sanctions hearing, so he's going to gin up some controversy to make it look like it goes both ways, because that's all he can do.

As far as the Bates numbering complaint goes, so far as I know, there isn't even a rule requiring that. They can do it themselves if they introduce it as evidence. He's just making up rules again, so far as I can tell.
 
I went back to Casey's original notice of deposition (I looked for other requests for documents, but couldn't find anything in other filings, but I may have missed them) and here's what he had requested:

Ver archivo adjunto 810934

At a glance, this just seems overly broad. If you look at some of Casey's complaints about the interrogatories for Ron and Monica being too broad, I'm curious how the hell he managed to ask for this with a straight face. Perhaps there's some implied language that lawyers don't include in these requests, but I'm making an assumption that it would be documents that Vic has, communications that Vic has made, etc.

My question is whether or not Ty is obligated to turn over any documents he has uncovered, or any communications that he has had, etc. that would support any of the above. Essentially, if Vic were in possession of the document or had that communication, he would be reasonably expected to turn it over, but if it was something that his defense team had uncovered or was aware of through that information being posted on the farms, then they wouldn't be obligated to give that to them at this stage.

Additionally, if any of the conversations were phone calls, there's nothing to turn over unless the conversation was recorded. I suppose you could post a call log showing you contacted a person on such and such date, but is that a different thing from the communication itself?
Points k and l in particular seem crazy - all documents or communications in Vic's possession that reference Plaintiff (i.e. that reference Vic) going back to 2014 or whenever he first met the defendants. Arguably that would include every single email of any kind sent or received by Vic for the last 5 years and many other things beside - I know everyone says Texas discovery is broad but is this a bit too broad?
 
Be careful of falling for Casey’s traps. There is likely a broad difference between what BHBH knows, and that that they possess documents or communications regarding. All BHBH has is Vic’s communications. Which is likely not much. Notice how Casey is demanding Ty provide the full record of the text conversation with Kamehacon and claiming Ty is cherry picking? Ty only has what he has been given, the full unredacted conversation is Casey’s clients to provide. Ron has ownership of those documents. Casey is doing this a lot, trying to hold Ty responsible for providing his, Casey’s materials. And then calling out Ty is in default for it. It’s obscene. The more I read this the more I hope Ty asks for sanctions.

And for not picking up on it, Casey’s sudden and mysterious job switch is not a sign of a good lawyer. It’s a sign he really pissed off the former firm and was never ever going to make Partner. Shame’s proclamation “the other firm made him a partner” is telling. It means the other firm offered him a path to partner... which means he had no path to partner at Collins. Which is not a sign of a good lawyer. Or one that plays well with others.
 
Nick said it more times in the last stream than he's ever used any.

Can we speculate on why Casey wants this version of a rule 11 agreement. IIRC BHBH proposed a blanket redacted identifying information on accusers. Look at how insanly tedious Casey's plan is and that's only with current counsel and not including the suspected others to come. All i can see is a waste of time and money, but is there another reason?
Ver archivo adjunto 810842
From what I get, Casey thinks that if 1 lawyer disagrees with that Rule 11 agreement then he doesn't need to have anyone show up to court because they "feel endangered" if they go on stand. With how exceptional Casey and the defendants side is, I can honestly see one of them disagreeing with it simply because they all wouldn't need to afterwards.

The only thing I don't get would be that even if one or all lawyers on the defendants side disagree then with the lacking evidence how do they expect to win.
 
Atrás
Top Abajo