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

[LuNaS]

Remember, this is the redacted depo that Lemon is using in support of this application. Those questions also come off as really, really fucking slimey, at least imo.

Yes I know that, that why it's so damn funny, the worst version of the deposition with parts cut out by the opposing lawyer, with emphasis on what they think is the worst of Vic's actions, that still paints him as a funny, kind, humble, vulnerable, good looking former policeman/teacher/actor that decided to follow his passion working in the dubbing industry and that was backstabbed in the worst way by people he considered friends.

If there is any woman in the jury, with a working... Brain, Vic's deposition would hook them up to his plight.

It also helps that Vic still looks pretty good, and that the opposing counsel basically sang his praises about his bedding skills... Thinking about that, question to anyone that may know, is there rules against members of the jury to try and get it on with Vic after the trial? Like giving Vic their number or something like that? I know it's not relevant, but I'm curious.

 

[Zero Day Defense]

It’s embedded in Lemonhead’s motion filing from yesterday.

Well, le 57% of it...

 

[AnOminous]

I do enjoy how a lot of people in that thread are talking about how Vic has no evidence, and that he's trying to prove a negative, etc etc bollocks. There is no sense of irony in these people.

They are just deliberately lying at this point. They know damn well that party testimony either in deposition or in affidavit form is evidence, especially at the summary judgment stage.

I expect Minnesota's shield law will come into play.



I'm not up on the specific's of Minnesota anti-SLAPP law, but most jurisdictions don't allow use of an anti-SLAPP motion to challenge a subpoena. But as I'm not a Twitter lawyer, I'll admit that I don't know everything. If Nick could file an anti-SLAPP motion, it would be a beautiful slap in the face.

Minnesota's anti-SLAPP law is dead as a doornail as of 2017 or so. I would argue that choice of law would provide that the Texas statute is applicable in that case. If Nick wanted to be a real dick about it, I think it would be a fun move to remove the dispute over the subpoena to federal court on diversity jurisdiction, then invoke the Texas anti-SLAPP law there.

I'm not even sure DJ would apply, but it would sure be a fun civil procedure exercise to kick around for a few months. Kaching!

Edit: These rules only apply to normal “fact” witnesses. An expert witness offers opinions based on facts in evidence, but that’s not what they’re doing with Nick.

In a remarkable own goal, they actually openly claimed to be seeking his testimony in a "quasi-expert" capacity, which would seem to invoke general principles of quantum meruit.

That they want Ty to stipulate that Vic is a public figure is a good indication that they're not sure they can convince a jury that's the case.

It seems to me they want to get Nick to somehow admit Vic is a public figure in testimony, even though that would be a legal conclusion that is the court's to make, and not anything within Nick's specific expertise. It's a cockamamie scheme and I'm not sure if they're even serious about committing to pursuing this for months.

It's not like they're in a position to outspend Vic into the ground, and starting an adverse proceeding in another state is an absolutely ludicrous way to spend their limited funds.

 

[Zero Day Defense]

Nick actually mentioned in last night's stream that he'd be more than happy to "slap the shit out of them with an anti-SLAPP motion" if they file anything to try to stifle his free speech and demand legal or equitable relief. Which reminds me, MoRon just filed a Motion for Leave to Conduct Discovery, in which they target Nick Rekieta because of his speech, and they ask the court for "such other and further relief to which they may be justly entitled"... hmm...

...wait, are they legitimately filing a SLAPP while saying that they're fighting a SLAPP?

 

[Cakeisjustok]

...wait, are they legitimately filing a SLAPP while saying that they're fighting a SLAPP?

That is talking about Nick filing a slap against Moronica if they try to force him to shut up.

 

[wickedlilium]

...wait, are they legitimately filing a SLAPP while saying that they're fighting a SLAPP?

Lemonhead?
From what I understand they want to use Nick to make their anti-SLAPP through the deposition.
If we are talking about Nick, he's stating he'll use a SLAPP motion against Lemonparty if they want to get money from him through the deposition.

That is talking about Nick filing a slap against Moronica if they try to force him to shut up.

That too, but the rant was about how their getting quite close to a SLAPP motion, they just needed to add sanctions.

 

[AnOminous]

...wait, are they legitimately filing a SLAPP while saying that they're fighting a SLAPP?

Lemonhead is literally filing a frivolous motion using client funds because he is personally seething hard at Nick calling him the dipshit he is.

 

[wickedlilium]

@AnOminous I'm just curious but considering how Lemonhead wants to argue that the TCPA doesn't apply to their clients does that mean Ty can ask for the discovery information considering it's well past due and they should've already had it prior to the FUNI TCPA anyways?

 

[Zero Day Defense]

Lemonhead is literally filing a frivolous motion using client funds because he is personally seething hard at Nick calling him the dipshit he is.

I thought they were being paid on contingency.

 

[Wake me up]

Lemonhead is literally filing a frivolous motion using client funds

In yesterday's stream Nick addressed Lemoine to tell him of the possibility of MoRonica turning on him, as the snakes they are. When he does shit like this (trying to depose someone who has literally zero relation at all to the incoming TCPA), which the judge will most likely knock off instantly, they are only giving MoRonica the ammunition they need to actually win a case against him for wasting their money.

You wouldn't want to give any of those dangerhairs the slightest bit of incentive to turn against you once you're no longer useful to them. If you're giving them bona-fide reasons to actually win a lawsuit against you for deliberately wasting their money with absolutely nonsensical motions, then you're definitely doing something wrong!

Think about it like this: once they lose this lawsuit, do you think Monica and Ron are going to go limp and say "OK, looks we were wrong, we better think more carefully about our actions from here onwards, paying millions of dollars to Vic is gonna be a bitch now!" Or do you think they'll froth at the mouth and look for someone else to blame? What if there was am easy-target shady lawyer involved who you could blame for losing the case instead of admitting you were wrong all along?

 

[Shindig]

I remember a few weeks ago when Nick mentioned that sometimes you just gotta "eat the sanction" to something Casey Erik had done.

Reading through Lemonhead's motion, it looks like a lot of the deposition released is unrelated to the motion. Is that normal?

Maybe Lemonhead is aware that the motion is frivolous and, at best, its gonna get tossed and at worst he'll get sanctioned. As long as Vic's deposition was released, hes fine with that.

 

[wickedlilium]

I thought they were being paid on contingency.

If they lose then it would be based off of work done. the MoRons are idiot enough to believe they'd win allowing their LOLyer to rack up the bill for after they lose.
Also note that with so many frivolous motions that's going to be required by Ty they'd have to end up paying Ty for fighting all of them leaving them with no money even before the lawsuit is over lol.

I remember a few weeks ago when Nick mentioned that sometimes you just gotta "eat the sanction" to something Casey Erik had done.

Reading through Lemonhead's motion, it looks like a lot of the deposition released is unrelated to the motion. Is that normal?

Maybe Lemonhead is aware that the motion is frivolous and, at best, its gonna get tossed and at worst he'll get sanctioned. As long as Vic's deposition was released, hes fine with that.

To be honest it does seem like that considering he ignored Chupp's confidentiality minimum order within that motion but ONLY redacted people apart of the lawsuit already. He would only needed to add the context related to his motion at best considering Chupp would have a non redacted copy that he could gloss over if need be. Instead of that he simply highlighted the parts relevant to the motion, it's similar to Funi's TCPA where they added EVERYTHING related to the tweets when they only need theirs, it was an attempt to say "we aren't with them."

 

[repentance]

I thought they were being paid on contingency.

It would be an odd type of case to take on contingency. Their clients aren't the ones who potentially stand to get a multi-million dollar award.

 

[TheClappening]

Yes I know that, that why it's so damn funny, the worst version of the deposition with parts cut out by the opposing lawyer, with emphasis on what they think is the worst of Vic's actions, that still paints him as a funny,

Spoiler

kind

Spoiler

vulnerable

Spoiler

good looking

Spoiler

former policeman/teacher/actor

Spoiler

The depo has it all!

 

[ButterBar]

The depo has it all!

Whats even the point of asking all of that?

 

[RodgerDodger]

Lemonhead is literally filing a frivolous motion using client funds because he is personally seething hard at Nick calling him the dipshit he is.

Okay... so it’s not just me? I was looking at Lemonhead’s motion in astonishment at that section where he goes off on all the meany things The nasty out of state non party lawyer man said about him. Dear lord! Why the holy fuck would you put that in a client filing? Why would you fucking send that to a Judge? Why not just show up to court wearing a t shirt proclaiming “ I am a Bigger Cuck than my Client”. The Judge has already got to be looking at this pack of fools as if they rolled in on the short bus. How does handing him a motion screeching about an out of state lawyer calling defense council an idiot on YouTube not build on that already compromised Judicial impression? After reading this the Judge has got to be wishing MoRonica would put Casey back in charge. He was at least a polite idiot. And not this ego driven yapping dog.

 

[Reverend]

Whats even the point of asking all of that?

they are trying to get Vic to be considered a Public Figure. The more they can say the world knows about him the more they can point out that he's not a private individual and therefore Defamation is unprovable.

 

[I can't imagine]

Whats even the point of asking all of that?

I think we've all been asking that question. They deposed him for 8 hours and it's filled with questions that seem to be either pointless or irrelevant.

 

[AnOminous]

No, but we have a new document: MoRon is asking for a Motion for Leave to Conduct Discovery.

The most fatal thing to this is what is the discovery in pursuit of? How does this relate to a TCPA motion such that the stay should be lifted?

Also this is a super dumb and boomery thing to say:

"Interestingly, a nationwide search through PACER and a state and nationwide search through Westlaw did not reveal any lawsuits filed by Rekieta, any briefs that he drafted, or any appellate cases he worked on that would qualify him to opine on litigation costs, tactics of opponents, or the propriety of payments to a legal team."

So if he has no basis to opine on any of these things why the fuck are you even issuing a subpoena to have him do just that you goddamn idiot?

Also why would unpublished state trial court opinions even show up on PACER? Most of Nick's practice is relatively minor criminal cases by less than wealthy clients. These aren't going to show up on Westlaw.

And on top of that, he demonstrably was able to raise over $200K in a few months just by ranting drunkenly. That's not a shabby performance.

Anyway way to shoot yourself in the foot with a dumb, spiteful footnote that contributes nothing to your argument.

 

[Bravefart]

The depo has it all!

It sure does. It has all you need to see that Lemonhead isn't just a figure of fun like Shane he's also not bothered about looking like a total cunt.

I realise a lawyer has to do their best for their client but THIS?

He goes from deny you're a nazi to deny you're a paedo to deny you're a con man to do you realise everybody hates you, Mr Mignogna.

I can only assume that entire deposition's main goal was to add to Ron and Monica's wank bank.

Well Monica's anyway. Ron's not allowed to wank himself or anybody else off till Monica gives him permission.

Ah well at least some good might come of it if it means Ty gets the go-ahead to go full on. Should be worth a laugh.