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

[Kosher Salt]

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.

Ty gave them text messages that assert TI with an existing contract. The Kameha Con text messages are plenty of evidence to justify that claim.

Now, to obtain damages, BHBH would probably need to show evidence of TI with contracts which weren't honored by the conventions... but Ron has already admitted that the evidence exists in his text messages to KC, so BHBH can demand it in discovery. If MoRon cannot produce it, why not? If they deleted anything, or intentionally withheld it, that is effectively an admission of guilt. The discovery shenanigans that they've already pulled show that they haven't made a good faith effort to comply with discovery, which will make it difficult for them to claim that anything they've withheld was an honest mistake rather than intentional.

 

[wickedlilium]

I gotta ask, with these interrogators or discovery's, is the information what the Plaintiff has or what the law firm has?

 

[RodgerDodger]

I gotta ask, with these interrogators or discovery's, is the information what the Plaintiff has or what the law firm has?

Vic is the Plaintiff. He has to give over any pertinent documents he has, such as communications with Sony. But Casey essentially demanded all of his e-mail with anyone for the past 5 years. That is what is known as “overly broad”. Similarly the defendants are responsible for providing all of their documents and electronic communications.

 

[wickedlilium]

Vic is the Plaintiff. He has to give over any pertinent documents he has, such as communications with Sony. But Casey essentially demanded all of his e-mail with anyone for the past 5 years. That is what is known as “overly broad”. Similarly the defendants are responsible for providing all of their documents and electronic communications.

But would the Ron texts be apart of Vic's TI considering Vic was not the one who got it (most likely) but Ty/BHBH from Kamehacon owner, so would "Vic" have to hand over those texts?
I also understand that he is being "overly broad" but just wanted to understand if it's more the law firms findings or the things Vic himself has in possession only.

 

[AStupidMonkey]

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:
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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

Don't forget: this case is about 2 things: Defendants' actions in public (the defamation), and Defendant's actions in private (the tortuous interference).

The former is, by definition, going to be comprised almost entirely of public statements. (which Casey is now bitching about)

The latter is all information Ty needs to get from Casey. Which he refuses to produce.

And remember: the 400+ defamatory tweets etc is all information that Ty has sent to MoRon, and Casey should have (if they didn't just yeet it directly into the circular file.)

None of this looks inherently bad for Ty. And anything Casey doesn't receive, I'm going to wager: he never asked for it, or already has it. Which makes sense. It'd be a boner move for Casey to admit things on his clients behalf by asking for "any evidence of communications between Ron and Shane that totally happened," for example.

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:

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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?

Just to pick out an example, "all communications related to your claims in this lawsuit" seems overly broad. Does that include personal calls? Does that include nick referring Vic to Ty? Does that include all of Vic's 2-3 tweets about this? Does that include threats from KickVic? Does that include any time Vic talks to a con? Etc, etc, etc.

It's designed so Casey can always say Vic is withholding something, even if it's not relevant to the case.

 

[NotaLolyer]

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.

This second part is bullshit, Nick has explained why to other people on twitter replies, namely the twitter Lolyers and one Texas Lolyer who refuses to rebuttal Nick about why he’s wrong and simply just says nicks wrong, every time, and that Ty is supposedly the sloppiest Texas litigator he’s ever seen.

Casey’s pulling a fast one there hoping outside counsel is right (dumbest move ever with the sanctions he risks)

 

[RodgerDodger]

But would the Ron texts be apart of Vic's TI considering Vic was not the one who got it (most likely) but Ty/BHBH from Kamehacon owner, so would "Vic" have to hand over those texts?
I also understand that he is being "overly broad" but just wanted to understand if it's more the law firms findings or the things Vic himself has in possession only.

Actually Ron has to hand over those texts. Vic was not given the texts nor a party to them. Ty was given them by the other party. The portion Ty has can be reasonably be argued to be privileged. Casey knows that Ty has at least some of those texts. It’s not up to Ty to show what he has. Ron has to hand over everything, because if he skips stuff that Ty has, he’s withholding discovery. Casey is literally looking for a catalog so he knows what stuff he can get away with not revealing. Casey is not entitled to the fruits of BHBH’s investigation. He is only entitled to Vic’s communications.

 

[KEK7go]

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

 

[AnOminous]

Just to pick out an example, "all communications related to your claims in this lawsuit" seems overly broad. Does that include personal calls? Does that include nick referring Vic to Ty? Does that include all of Vic's 2-3 tweets about this? Does that include threats from KickVic? Does that include any time Vic talks to a con? Etc, etc, etc.

That's not necessarily overbroad. However, it clearly implicates attorney-client privilege, and they aren't obligated to turn over anything covered by such privilege, although they may be obligated to identify exactly what sort of material is covered by the claimed privilege.

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If I had to put it into a coherent argument (more than that dipshit Casey Erick has done), he's basically arguing that Ty has engaged in what is sometimes called "dump truck discovery," i.e. where one party, maliciously or otherwise, dumps a bunch of disorganized trash on the other side in an attempt to overwhelm, annoy, or confuse them.

Whether or not that's actually the case, Casey can hardly complain when he basically asked for exactly that with his extremely broad requests.

 

[KingofNothing]

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So again, Casey is just being a faggot playing chickenshit games

 

[Army Burger]

So again, Casey is just being a faggot playing chickenshit games

Who could've seen that coming?

 

[NotaLolyer]

That's not necessarily overbroad. However, it clearly implicates attorney-client privilege, and they aren't obligated to turn over anything covered by such privilege, although they may be obligated to identify exactly what sort of material is covered by the claimed privilege.



If I had to put it into a coherent argument (more than that dipshit Casey Erick has done), he's basically arguing that Ty has engaged in what is sometimes called "dump truck discovery," i.e. where one party, maliciously or otherwise, dumps a bunch of disorganized trash on the other side in an attempt to overwhelm, annoy, or confuse them.

Whether or not that's actually the case, Casey can hardly complain when he basically asked for exactly that with his extremely broad requests.

AND according to the exhibits Ty’s team still did him the courtesy of correcting shit he complained about AND Casey still bitched as if he has the right to privileged info because HIS OWN clients can’t be bothered to turn over what they have.... yet Ty has to essentially “GOOGLE it bitch” for his requests.

 

[Wilhelm Bittrich]

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.

As far as I understand it, his new law firm has not same the reputation like Kessler Collins his former employee has, is that correct?
If he is that "good" as a lawyer he surely would have been able to find something better than his current firm. I'm pretty curious how long it will take for him until the point comes where he ends up in his own strip mall office because every lawfirm in Texas knows that Casey isn't more than a shyster.
IMHO, the whole job switch thing reeks of a "OK, Casey, that was the one drop too much in the bucket, you're fired" situation.

 

[RodgerDodger]

As far as I understand it, his new law firm has not same the reputation like Kessler Collins his former employee has, is that correct?
If he is that "good" as a lawyer he surely would have been able to find something better than his current firm. I'm pretty curious how long it will take for him until the point comes where he ends up in his own strip mall office because every lawfirm in Texas knows that Casey isn't more than a shyster.
IMHO, the whole job switch thing reeks of a "OK, Casey, that was the one drop too much in the bucket, you're fired" situation.

The implication is he had no path to partnership at the "Good" high end well established firm. He's a washout. At the smaller newer firm he likely has a path to making partner. The way a lot of firms work is after x amount of time you are reviewed for partnership. If any of the partners object it's pretty much over. It doesn't necessarily mean that you are fired brutally. But it does mean you will be parting ways.

 

[Tour of Italy]

Ty gave them text messages that assert TI with an existing contract. The Kameha Con text messages are plenty of evidence to justify that claim.

Now, to obtain damages, BHBH would probably need to show evidence of TI with contracts which weren't honored by the conventions... but Ron has already admitted that the evidence exists in his text messages to KC, so BHBH can demand it in discovery. If MoRon cannot produce it, why not? If they deleted anything, or intentionally withheld it, that is effectively an admission of guilt. The discovery shenanigans that they've already pulled show that they haven't made a good faith effort to comply with discovery, which will make it difficult for them to claim that anything they've withheld was an honest mistake rather than intentional.

So there's been discussion about Casey's tactics here being used as a way to mask a lack of evidence , but there's likely another component: additional incriminating evidence for TI and civil conspiracy. BHBH may know a lot, but they're playing the long game. They need as much information as possible, with as much hard evidence as possible, so they can set up targets for round two and develop a more robust case for damages.

I'd bet money that some of the communications that haven't been turned over paint a picture that makes things considerably worse for Ron, Monica, Marchi and the rest.

 

[knux]

So there's been discussion about Casey's tactics here being used as a way to mask a lack of evidence , but there's likely another component: additional incriminating evidence for TI and civil conspiracy. BHBH may know a lot, but they're playing the long game. They need as much information as possible, with as much hard evidence as possible, so they can set up targets for round two and develop a more robust case for damages.

I'd bet money that some of the communications that haven't been turned over paint a picture that makes things considerably worse for Ron, Monica, Marchi and the rest.

Is it also possible that the broad requests from Casey would be to gather as much of the evidence (if not all) that Ty has so they can form some sort of defense against it? All the while denying Ty evidence from MoRon to maximise their chances?

 

[AStupidMonkey]

That's not necessarily overbroad. However, it clearly implicates attorney-client privilege, and they aren't obligated to turn over anything covered by such privilege, although they may be obligated to identify exactly what sort of material is covered by the claimed privilege.

Not necessarily, but I would argue that. "Any communication" could easily be thousands of things, whereas Vic is requesting easily less than 1000 pages of documents. (Also helps that they have a cut-off date in Vic's filing. 2014, right?) Beyond collecting all that information, each hit Ty has to go "is this relevant?"

It's much easier to comply with when it's specific, like Ty's discovery request. "Between X and Y time, regarding specifically this fact."

If I had to put it into a coherent argument (more than that dipshit Casey Erick has done), he's basically arguing that Ty has engaged in what is sometimes called "dump truck discovery," i.e. where one party, maliciously or otherwise, dumps a bunch of disorganized trash on the other side in an attempt to overwhelm, annoy, or confuse them.

Whether or not that's actually the case, Casey can hardly complain when he basically asked for exactly that with his extremely broad requests.

I know he may be reserving a right to object/appeal later, but: this really conflicts with the argument that Ty also was too limited in his discovery productions.

Is that about right? Throw both wet noodles and see which sticks?

 

[Kosher Salt]

I know he may be reserving a right to object/appeal later

That doesn't work in Texas. You can't reserve the right to object later. You either object, specifically, or you waive the right to do so.

 

[AStupidMonkey]

That doesn't work in Texas. You can't reserve the right to object later. You either object, specifically, or you waive the right to do so.

Objection is to form.

 

[Francis York Morgan]

So there's been discussion about Casey's tactics here being used as a way to mask a lack of evidence , but there's likely another component: additional incriminating evidence for TI and civil conspiracy. BHBH may know a lot, but they're playing the long game. They need as much information as possible, with as much hard evidence as possible, so they can set up targets for round two and develop a more robust case for damages.

I'd bet money that some of the communications that haven't been turned over paint a picture that makes things considerably worse for Ron, Monica, Marchi and the rest.

Oh, undoubtedly. The fact that they didn't even hand over the stuff that everyone knows about and have "lost" other important pieces like the Funimation investigation pieces shows that these idiots are hiding some big skeletons in small closets.