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

[AnOminous]

The caution is also good to generally temper expectations for when Vic does not walk away owning Funimation and taking MoRon to a market in Libya, no matter how just that outcome would be.

Or the result could be a really disappointing paper win where, for instance, Funimation gets dismissed out of the case so there's much less of a money pool to get and this makes the case much less of a possible source of profit, everyone settles out with ironclad gag agreements and nobody can say anything about it ever again.

 

[Jub-Jub]

I'm not sure it's adequately pled in the complaint, though. We'll see how that works out. My personal opinion is BHBH should get ahead of the situation and file for leave to amend, but hey, they probably have contemplated that already and may be saving it for after the court actually opines on it.

Could you (or anybody) expand on what happens if: Funi wins TCPA, is then subpoenaed by BHBH and information is found that should bring them back into the suit. I'm of the mindset that Funi is currently trying to hide relevant discovery information and relying on TCPA to bail themselves out. Relying on affidavits, not providing investigation documents and more sets of red flags to me.

 

[Padoru]

Could you (or anybody) expand on what happens if: Funi wins TCPA, is then subpoenaed by BHBH and information is found that should bring them back into the suit. I'm of the mindset that Funi is currently trying to hide relevant discovery information and relying on TCPA to bail themselves out. Relying on affidavits, not providing investigation documents and more sets of red flags to me.

i think if FUNI wins their TCPA they can't be subpoena'd for anything since at that point the whole reason they are in (The supposed investigation) is kinda off the table so that would be probably their permanent out of this

 

[AnOminous]

Could you (or anybody) expand on what happens if: Funi wins TCPA, is then subpoenaed by BHBH and information is found that should bring them back into the suit. I'm of the mindset that Funi is currently trying to hide relevant discovery information and relying on TCPA to bail themselves out. Relying on affidavits, not providing investigation documents and more sets of red flags to me.

If they're out of the suit they're no longer parties but can still be subpoenaed for information related to the case.

However, it's entirely possible the court finds the current complaint inadequately pleads some of its causes of action but grants leave to amend, especially in light of newly discovered facts, including those filed by the defendant itself in its own TCPA motion.

The very fact they filed so many facts in an extremely lengthy pleading that, despite its length, is fairly sparse in actual legal arguments, really strongly indicates they think they may have to fight this thing to trial. Even if not, they're showing they're entirely capable of doing that. Other than Marchi's answer, it's one of the few competent pieces of paper that's been filed in the case.

I'm not actually happy about that. I really prefer the nonstop idiot train of utterly retarded garbage you get out of MoRon.

 

[SushiOnFire]

I think this is it. They were hoping if they reveal nick’s info he’ll get scared and stop talking about the case.

I also think these lawyers who don’t know about weeb (and MoRon because they’re shitheads) just can’t accept the GFM isn’t some giant scam and all these donators really do care about Vic and want to see justice done.

To be fair most of go fund me are scams, we don't really have to look that far to find one that highly look like a scam ( one by a certain Kaylyn Saucedo ).

 

[NotaLolyer]

It's not a bad sign, but it's always a good idea to be a bit nervous when dealing with trials. No slam dunk case is actually slam dunk. You're dealing with human beings and that means there's a strong possibility of dealing with human feces as well. There's a reason that any competent lawyer is going to have multiple fallback arguments in the event their ironclad ones fail.

The caution is also good to generally temper expectations for when Vic does not walk away owning Funimation and taking MoRon to a market in Libya, no matter how just that outcome would be.

Or the result could be a really disappointing paper win where, for instance, Funimation gets dismissed out of the case so there's much less of a money pool to get and this makes the case much less of a possible source of profit, everyone settles out with ironclad gag agreements and nobody can say anything about it ever again.

I mean there’s always the factor of jury nullification if this goes all the way, but given how Vic easily reached 200k in donations from complete strangers and given how the facts align, they know they’re fucked if this goes all the way to a jury.

Funni put all their eggs in one basket right now banking on the judge giving them a huge benefit of the doubt or confusing him just enough to pass their TCPA, it’s a go big or go home strategy based on the judges current knowledge and how he’s behaved so far while Funi’s counsel watched from the sideline.

 

[AnOminous]

Funni put all their eggs in one basket right now banking on the judge giving them a huge benefit of the doubt or confusing him just enough to pass their TCPA, it’s a go big or go home strategy based on the judges current knowledge and how he’s behaved so far while Funi’s counsel watched from the sideline.

Funi has done the weakest, most pro forma "all those things they said were true" defense, reserving their own statements for actual arguments in their favor, and basically hung out the other defendants to dry, basically saying okay, that shit happened, but that's on those other idiots, not us. We barely even remember who those people are.

 

[NotaLolyer]

Funi has done the weakest, most pro forma "all those things they said were true" defense, reserving their own statements for actual arguments in their favor, and basically hung out the other defendants to dry, basically saying okay, that shit happened, but that's on those other idiots, not us. We barely even remember who those people are.

Hence huge benefit of the doubt, cuz they are otherwise fucked if Judge Chupp sees right through that shit.
It’s nothing but a saving grace before an ultimate settlement or change of strategy.

In my head I hope they’re forced to settle and settle big time, so that we can all laugh at Shane and the Lolyers some more about being wrong about grifting real lawyers.

Then again I would love to watch them burn at the stakes in a proverbial witch trial even more but that would take a longer time before we see the gory goodness.

 

[FGO-Professor-P2PBTW]

U

So nobody else noticed that Ron's bio thing there is written in patois apparently? "He help" rather than "he helps."



Because they're blatantly intimidating Nick and trying to get him to back off constantly mocking and reporting them. There's really no excuse for trying to threaten his kids like that by doxing his home address when they know he has his post box for work related stuff. It's probably some sort of pants-on-head idea of trying not to acknowledge Nick as a lawyer when he clearly is.

We already know the extremist fringe of KickVic is fucking insane and perfectly willing to destroy property for conventions that have Vic as a guest. There'll probably be some insane Troon (a la Greta) who'd go out to Nick's place even in the ass end of nowhere to "just talk" while armed with knives or a fucking crossbow. It's why Nick sent out the warning that the Rekieta homestead is armed to the fucking teeth.

Uh, excuse you, those guns we're lost in a tragic boating accident in one of Minnesota's 10000+ lakes.

 

[Sheryl Nome]

Funimation is understandably, throwing MoRon ect under the bus to get out of this, but they're who Ty actually wants to go after because thats where the money is, he wants to tie them to Funimation as agents and possibly as having engaged in defamation themselves

 

[Harvey Danger]

I keep wanting to believe there's some ineffable strategy behind it, that they've got some sort of plan that they're hoping will come together. Something that might pursaude me that they aren't complete and utter fuckwits of the highest order. I don't like sharing the planet with people this dense. They might collapse it into a black hole...

I've been re-thinking the Nick subpoena tactic, and I think maybe there is a different plan behind it.

Remember that they were arguing about a confidentiality order shortly before the notice was filed. In the list of documents they want Nick to produce, #3 is requesting:

"Documents between or among you and/or Mignogna and/or BHBH and/or the Mignogna Witnesses concerning the Defendants, the Petition, any allegations in the Petition, and/or the GFM" (emphasis added).​

The other 3 requests are specifically about communications with Vic about the GFM and how it's spent; but here they want everything BHBH has told Nick about the defendants or the case.

I think MoRonica is trying to prove that BHBH is leaking info to Nick, specifically about the allegations and stories against Vic. Three months ago, I would have said they wanted this to prove Nick/Ty was being "unethical", so they can file yet another failed ethics complaint. But now I think they want to prove that BHBH is "dangerous" leaky and can't be trusted with sensitive information, like the names in the affidavits or the Funimation investigations.

They might be hoping to shame Ty in front of the judge, so they can get a court-mandated confidentiality order after they previously botched the attempt to get one. They know how dumb they look making the argument on their own concern, after their pre-deposition arguments against one. So they want the court to come to that conclusion on its own, and issue a gag order in light of what they find in Nick's communications.

TL;DR the subpoena to Nick might just be gay ops to get at Ty Beard's text messages.

 

[RodgerDodger]

Something I keep running through, and I want to make sure I’m Not missing something obvious. At this point, what facts regarding the causes of action remain in contention with Ron? What remains to be sorted out by a jury? Because due to Ron’s oh so wonderful deposition non answers, Casey validating all of the Tweets, Texts and PM’s en mass, and the failure to produce any subpoena’d documentation in his defense, What questions remain to be answered? Or is Ron facing a summary judgement as soon as his not yet filed TCPA is resolved?

I've been re-thinking the Nick subpoena tactic, and I think maybe there is a different plan behind it.

Remember that they were arguing about a confidentiality order shortly before the notice was filed. In the list of documents they want Nick to produce, #3 is requesting:

"Documents between or among you and/or Mignogna and/or BHBH and/or the Mignogna Witnesses concerning the Defendants, the Petition, any allegations in the Petition, and/or the GFM" (emphasis added).​

The other 3 requests are specifically about communications with Vic about the GFM and how it's spent; but here they want everything BHBH has told Nick about the defendants or the case.

I think MoRonica is trying to prove that BHBH is leaking info to Nick, specifically about the allegations and stories against Vic. Three months ago, I would have said they wanted this to prove Nick/Ty was being "unethical", so they can file yet another failed ethics complaint. But now I think they want to prove that BHBH is "dangerous" leaky and can't be trusted with sensitive information, like the names in the affidavits or the Funimation investigations.

They might be hoping to shame Ty in front of the judge, so they can get a court-mandated confidentiality order after they previously botched the attempt to get one. They know how dumb they look making the argument on their own concern, after their pre-deposition arguments against one. So they want the court to come to that conclusion on its own, and issue a gag order in light of what they find in Nick's communications.

TL;DR the subpoena to Nick might just be gay ops to get at Ty Beard's text messages.

Prove to what end? To prove Ty gave information to the press? The privilege in any released information belongs to Vic. The defendants don’t have standing to protest that. It is no different than what Ron gives to Shame. The have no rule 11 confidentiality agreement in place. And a judge is not going to allow Lemonhead to use Nick as a fishing expedition to try and break privilege. The only non public information published by Nick from Ty is the KC texts. Those are Plaintiff’s lawyers investigation work product. The Plaintiff has every right to release them via their media of choice. They did not come from or go through the Defendants. Although Toye was kind enough to publicly validate them subsequently, via Shane.

Going after Nick to prove any of this does nothing for the defendants case.

 

[Grotesque Bushes]

Woman shot and wounded during attempted assault on Spicer lawyer, cops report- Minnesota newspaper headline, probably.

Shot and killed. Nick's a smart man, he knows that she can't sue for excessive use of force if she's dead.

 

[10SorrowfulObject]

Not in Texas. Texas hasn't adopted the Second Restatement of Torts, so truth is not an affirmative defense to TI. Failure to prove defamation does not necessarily destroy Vic's claim for TI. Even if everything in Toye's texts to Kamehacon were the truth (and we know they're not), he could still be held liable.

What's the source on truth not being an affirmative defense to TI? From what I read here, Texas allows exercise of one's own rights as an affirmative defence to TI, and Toye does have the first amendment right to speech (unless it's defamatory, as above).

Except they did exactly the opposite. Why the fuck did they think Nick would be intimidated by this? If anything, they just spend huge amounts of money to embolden him.

How dumb do you have to be to think this was a good idea?

Why do we think this was an attempt to intimidate? It's a subpoena, not a gag order. Nothing about Nick's conduct to date would make me think that he's going to be intimidated by a subpoena (Also to what end? Why would they care?)

From the motion to quash the notice of intent, it looks like Sean Lemoine is looking to depose Nick on the funds available in preparation for their own TCPA motion, among other things.

 

[Horus]

Why do we think this was an attempt to intimidate? It's a subpoena, not a gag order. Nothing about Nick's conduct to date would make me think that he's going to be intimidated by a subpoena (Also to what end? Why would they care?)

From the motion to quash the notice of intent, it looks like Sean Lemoine is looking to depose Nick on the funds available in preparation for their own TCPA motion, among other things.

I am not a lawyer, so I forgive me if I sound like a retard, but if the motion does get quashed, can Nick go after them for trying to drag him into a lawsuit that he is not technically/legally part of?

 

[Loose Handle]

What's the source on truth not being an affirmative defense to TI? From what I read here, Texas allows exercise of one's own rights as an affirmative defence to TI, and Toye does have the first amendment right to speech (unless it's defamatory, as above).

I don't see that. I see "Therefore, we need not reach PSC's arguments relating to qualified privilege and privilege based on truthful information" at the top of page 44, which to my layman's eyes looks like they refused to even look into adopting the Second Restatement of Torts that would have made truth a defense to TI. Do you have a particular passage in mind?

 

[mindlessobserver]

I am not a lawyer, so I forgive me if I sound like an exceptional individual, but if the motion does get quashed, can Nick go after them for trying to drag him into a lawsuit that he is not technically/legally part of?

He's "part of it" by nature of his reporting on it, and organizing the money to pay for it. The defense wants to try and argue that he's a principle part of it and not some guy on the internet watching the show and occasionally rooting for his team. If the judge goes "lol, no" that will be it. I don't know if its meant to intimidate, but it is most definitely a fishing expedition. A good possibility is that they are trying to tie Vic to Nick, and Nick to the Farms. They would love to be able to talk to the Jury about the evil terrorist kiwis and for now they can't because we are irrelevant to the actual facts of the case.

 

[AnOminous]

What's the source on truth not being an affirmative defense to TI? From what I read here, Texas allows exercise of one's own rights as an affirmative defence to TI, and Toye does have the first amendment right to speech (unless it's defamatory, as above).

The Texas Supreme Court has had the opportunity to adopt the Restatement (Second) on the issue and has declined to do so.

Forget About the “Best Defense” – Is the Truth a Valid Defense to Tortious Interference Claims in Texas? | Houston Law Firm | BoyarMiller

www.boyarmiller.com

I don't see that. I see "Therefore, we need not reach PSC's arguments relating to qualified privilege and privilege based on truthful information" at the top of page 44, which to my layman's eyes looks like they refused to even look into adopting the Second Restatement of Torts that would have made truth a defense to TI. Do you have a particular passage in mind?

Just being true doesn't mean a statement is protected. If I tell you I'll shoot you in the head unless you give me your money, it can be entirely true.

The defendants in this case threatened to (and ultimately actually did) breach their contracts with KamehaCon unless they kicked Vic. The statement that Toye was going to extort compliance by illegal acts unless the con itself broke the law by kicking Vic was entirely true. It was also entirely unprotected.

 

[tds]

From the motion to quash the notice of intent, it looks like Sean Lemoine is looking to depose Nick on the funds available in preparation for their own TCPA motion, among other things.

Makes no sense at all. Nick has no more info than anyone else about the available funds of the GFM. They could go on the gfm page to get that info.

In fact, they want to:
(a) intimidate the people listed in the notice of intent.
(b) Fishing with dynamite. Beccause they have nothing. The 100+ women of Ron never existed. And Monica story makes no sense. So they will try to subpoena all communications of everyone who spoke with Vic once. So they have a small chance to find something... anyting..
(c) Because they can't do any better, they try to please the people out there who hate Vic and his supporters.

 

[Son of Sparda 84]

Apparently there is 68 lawyers disagreeing with Nick and Ty

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archived 5 Jul 2019 21:50:41 UTC

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