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

[BrandedEagle]

Smells like hypocrisy in here. I remember weeks ago, people in this thread were saying the SJWs would spin their loss as a biased judge and corrupt system. The fact that now, after such a smug, gloating 390 pages, we've turned to blaming the judge, it says a lot.

I'm not saying to give up. However, the judge is not to blame for his reading of the case. He didn't screw up the affidavits or omit Marchi's tweets.

Roll with the punches folks. Make some god damn lemonade. As far as the public eye is concerned, Vic has lost the case. You can't rewrite history. However, there are still appeals and other avenues for the dropped bits. This case will take a year or two to finally end. Vic may get some money yet.

But the damage is done. Take your licks. You got too fanatical, Ty got cocky. It didn't take a psychic to see what was coming next.

except the judge is retarded. how do you roll with that beyond ask he get replaced/reprimanded so he knows not to pull that shit again?
Suppose its possible for the judge to pull his head from the toilet for a few minutes to realize he did something retarded and revert it but I ain't holding my breathe. It's going to take an appeals court coming down hard on him to get him to behave like a normal person instead of a fart-huffing degenerate.

 

[WarJams]

How the FUCK can the judge throw out the Tortious Interference claim when they had that rat Toye nailed to the fucking wall with evidence? Fuck if he got back on with Kamehacon, it's the act that matters. If your car gets stolen, and you have to interface with law enforcement and insurance companies to have it returned or replaced, and you eventually get a car back, the perpetrator doesn't get to slide just because you were made closer to whole by other external influences. The perpetrator still damaged you by their illegal activity. Vic had to get legal action going to strongarm the con into the contract; that shit isn't free. This judge's decision making is highly suspect. If any charges go forward I will be shocked, since this judge seems loathe to entertain anything or follow any actual logical progression outside of what he wants to see and in spite of statute. The only real thing I'm looking for now is whether he dismisses without prejudice, and whether he does any exceptional seething about the GoFundMe in his decision.

What do you do with a judge who ignores the law?

 

[BrandedEagle]

That would honestly be the best case scenario at this point. It would give Ty the ability to appeal the entire thing. I believe someone was mentioning earlier that it would also allow for expedited process, so we would see this in the appeals court in about 9 months or so.

Actually another benefit would be that it ultimately wouldn't cost vic as much as appealing just TI and then dealing with defamation/conspiracy which the judge may have decided on already.

but then again the judge is an idiot (or being paid, doesn't matter which) so he'll likely throw everything out with some written statement he thinks is clever/makes the decision appeal-proof..... be hilarious the appeals court tells him to review it again. hopefully chupp is a lolcow like I suspect and chimp out. kiwi farms will get its first lolcow judge.

How the FUCK can the judge throw out the Tortious Interference claim when they had that rat Toye nailed to the fucking wall with evidence? Fuck if he got back on with Kamehacon, it's the act that matters. If your car gets stolen, and you have to interface with law enforcement and insurance companies to have it returned or replaced, and you eventually get a car back, the perpetrator doesn't get to slide just because you were made closer to whole by other external influences. The perpetrator still damaged you by their illegal activity. Vic had to get legal action going to strongarm the con into the contract; that shit isn't free. This judge's decision making is highly suspect. If any charges go forward I will be shocked, since this judge seems loathe to entertain anything or follow any actual logical progression outside of what he wants to see and in spite of statute. The only real thing I'm looking for now is whether he dismisses without prejudice, and whether he does any exceptional seething about the GoFundMe in his decision.

What do you do with a judge who ignores the law?

it's called getting the appeals court to call him a faggot.

 

[SargonF00t]

I had a bad feeling about Chupp going into this, as he had previously ignored the counsel for the defendants being exceptional and carried on as though both parties were as bad as each other.

Whilst Chupp is supposed to be a "Republican", I can't help but wonder if he doesn't want to be seen as unsupportive of wahmen being sexually abused, so no one can say in his future that he is one of those "Wahmen hating Republicans".

I also expect that in 30 days, Chupp will dismiss all charges.

 

[teriyakiburns]

After a night of sober reflection... well, reflection anyway, I've come to the conclusion that Ty seriously misread this judge at their first hearing and he's based his entire strategy on that reading. It fucked him from the very start. If his reading had been right, if he'd got the judge he thought he had, it would have been a slam dunk case.

This right now is as retarded as the conclusion of the Landau sanctions shit.

 

[Tour of Italy]

Couple questions and clarifications:

1) Is discovery still stayed? So while Chupp concludes the TCPA ruling, there’s no more digging through the defendants dirty laundry?

2) Are the bench dismissals of the causes of actions are more or less permanent except for appeals? So if the defamation survives TCPA, discovery resumes, and additional clear cut communications surface that are inarguably TI, can that cause of action be reopened? Could Marchi be added again to the case? Could Sabat or anyone else?

3) During Chupp’s review, are any additional filings allowed? Could he request clarification, or does he have to base his decisions on the hearing itself as well as admitted pleadings? Could he be petitioned to reconsider evidence, or have supplementary hearings?

Not to beat a dead horse, but I agree that I was surprised that defamation remained but TI was tossed, so I’m curious as to whether that can be ammended if additional evidence is found as a result of the defendants being forced to actually fucking comply with their discovery requests. I’m curious why this wasn’t hammered more in the hearing.

I’m don’t know if Vic will win or lose, but I know for damn sure the main winner of this shitshow is Johnson. He had concise filings, and for relatively little work compared to the other defense attorneys is gonna end up with a big payout and a feather in his legal cap.

 

[BigDuckEnergy]

Check your fucking autism and read a thread.

"The Robing Room: TX State Judges

The Robing Room - where judges are judged. Rate Judges and write comments in TX state.

www.therobingroom.com

I'm wondering now if Ty just didn't do any research on the judge while perhaps the defendents did or one had dealt with him before. Kind of explains the exceptional behaviour and filings from defendants lawyers as they knew the judge would respond more to it, by not wanting to have anything to do with it.

 

[instythot]

One problem I see going forward is that any TCPA appeal has to go forward with EXACTLY what Chupp saw today -- unless I'm wrong. That means no pointing out that Marchi was specifically referring to Vic. No sworn statement from the Kamehacon CEO.

The one saving grace is Chupp clearly screwed the pooch with the standard of evidence, placing an undue burden on BHBH. You can't prevent any discovery (especially with the defense playing bullshit discovery games) and then use a lack of evidence as a reason to stop. It's pants on head logic.

My theory is Chupp was tired of the bullshit and wanted to rush things, and fucked up.

Right, but this is all a bunch of what you want out of the trial rather than what it's really about.

The TI and even the conspiracy are all just nice to have. The central question that brought it this far is still on the table:

"Stop telling everyone you can find that I'm a sexual predator!"
"Fuck you it's true"

 

[变性黑鬼]

I may have insider information that Judge Chupp consumed large amounts of spicy food the night before the hearing, and was unable to concentrate due to being tormented by his fiery rectum. I'm waiting on an additional source to confirm, but I will write back when I have more.

 

[Immortal Technique]

I'm wondering now if Ty just didn't do any research on the judge while perhaps the defendents did or one had dealt with him before. Kind of explains the exceptional behaviour and filings from defendants lawyers as they knew the judge would respond more to it, by not wanting to have anything to do with it.

He might just be a lazy fuck that doesn't want complex cases. Look at his docket: 85% is personal injury (he's a former personal injury lawyer before becoming judge), 10% contract/debt, and 4.8% civil, and 0.02% other. Outside of this case, he only has another "odd ball" case that isn't injury/contract/civil:

If anyone knows how to read a docket, what does 'Discovery 3' mean? Does that mean it's progressed pass TCPA or something entirely different?

edit for spelling

 

[Lord of the Large Pants]

So there's something I'm slightly confused about. I understand that, at the TCPA stage, Vic shouldn't have to have an exact number for damages on TI. That said, since he got invited back to Kamehacon, isn't it hard to argue that he was damaged there? Or was Ty relying on arguing damages on other cons that didn't invite him back? Or what?

 

[HTTP Error 404]

So there's something I'm slightly confused about. I understand that, at the TCPA stage, Vic shouldn't have to have an exact number for damages on TI. That said, since he got invited back to Kamehacon, isn't it hard to argue that he was damaged there? Or was Ty relying on arguing damages on other cons that didn't invite him back? Or what?

He was invited back but had to pay for special security, which wasn't part of his contract. That's damages.

But even then, it's a moot point. He wasn't supposed to have to show specifics during the TCPA hearing. The Judge fucked up.

 

[Imperial Agent]

He might just be a lazy fuck that doesn't want complex cases. Look at his docket: 85% is personal injury (he's a former personal injury lawyer before becoming judge), 10% contract/debt, and 4.8% civil, and 0.02% other. Outside of this case, he only has other "odd ball" case that isn't injury/contract/civil is this:
Ver archivo adjunto 926957
If anyone knows how to read a docket, what does 'Discovery 3' mean? Does that mean it's progressed pass TCPA or something entirely different?

Discovery 3 = Discovery level 3. There are 3 levels:

level 1 is for very small cases, and has limited discovery
level 2 is for most cases, normal discovery
level 3 is for large or complex cases where you need special discovery rules.

These rules will vary by case and are worked out between the parties.

 

[WarJams]

If anyone knows how to read a docket, what does 'Discovery 3' mean?

Seems as if the parties are trying to set up a hearing to lay out the framework of Level 3 discovery. Texas has three different levels of discovery control plan guidelines, 1 is for smalltime shit under $50,000, Level 2 is for most other shit and kind of the default guideline. Level 3 is basically a request that the court better tailors the discovery to the specifics of what the case would require instead of following either of the other two guidelines. I hope those two parties have an agreement in place already as to what they want and just need a stamp, since this judge doesn't seem to care about details.

edit: fookin cougared

 

[Imperial Agent]

Also to clarify something else that keeps popping up, there were 2 TI claims on the table, Interference with a contract, and interference with business prospects.

Interference with contract was dismissed because Ty couldn’t show what damages Vic suffered since he was invited back to Kamehacon. Beyond Kamehacon Ty couldn’t show proof of any other conventions claiming Ron or Monica had interfered.

Interference with Prospects was dismissed because Ty couldn't demonstrate that future prospects were damaged due to direct interference (Like Ron calling/texting) vs just negative online statements.

EDIT: Clarified the above.

 

[instythot]

So there's something I'm slightly confused about. I understand that, at the TCPA stage, Vic shouldn't have to have an exact number for damages on TI. That said, since he got invited back to Kamehacon, isn't it hard to argue that he was damaged there? Or was Ty relying on arguing damages on other cons that didn't invite him back? Or what?

My take is that Chupp asked some unexpected and possibly weird questions to get at the "well what was the harm? He was invited back, right?" answer.

Rephrase what was asked to:
"Surely if your client was damaged in this instance and potential other instances, you should be able to give me a ballpark amount that the TI issues on my docket are about, Ty"
"What the fuck, I thought we were gonna presume the damages?"

And it makes more sense. What this means to an appeal is way beyond my pay grade

 

[murdered meat bag]

so the other conventions could have cancelled vic based on defamatory statements instead of TI from moron.

 

[Imperial Agent]

My take is that Chupp asked some unexpected and possibly weird questions to get at the "well what was the harm? He was invited back, right?" answer.

Rephrase what was asked to:
"Surely if your client was damaged in this instance and potential other instances, you should be able to give me a ballpark amount that the TI issues on my docket are about, Ty"
"What the fuck, I thought we were gonna presume the damages?"

And it makes more sense. What this means to an appeal is way beyond my pay grade

It went a little differently:

J: What contracts did they interfere with?
T: We have proof they interfered with Kamehacon
J: you were invited back though right? So what damages were there?
T: We were invited back, but that was with new requirements and legal expenses. We had to pay for security and got a worse location.
J: How much did that cost you?
T: I don’t know the exact amount right now
J: ok then, it’s dismissed.
( For TI with contract)

TI with prospective business was dismissed because Ty couldn’t prove Ron/Monica had anything to do with the other cancellations.

so the other conventions could have cancelled vic based on defamatory statements instead of TI from moron.

Yes, and the judge noted this as well.

“How do you know they didn’t cancel him because of the negative statements online?”

 

[Long-time Lurker]

IANAL, so trust people with legal backgrounds over me.

1) Is discovery still stayed?

Discovery will remain stayed until the judge rules on all elements of the TCPA.

2) Are the bench dismissals of the causes of actions are more or less permanent except for appeals? So if the defamation survives TCPA, discovery resumes, and additional clear cut communications surface that are inarguably TI, can that cause of action be reopened? Could Marchi be added again to the case? Could Sabat or anyone else?

New defendants and specifics can be added. Old specifics may be able to come back unless dismissed "with prejudice", which is the legal term for being dismissed permanently. I do not know exactly when new elements would allow another TCPA to be filed.

3) During Chupp’s review, are any additional filings allowed? Could he request clarification, or does he have to base his decisions on the hearing itself as well as admitted pleadings? Could he be petitioned to reconsider evidence, or have supplementary hearings?

Hon. J. Chupp does not seem like the kind of person to reverse a decision he's made without exceptional circumstances, or to ask for clarification after a hearing.

Someone mentioned a Motion for Reconsideration, but I cannot speak to that.

Not to beat a dead horse, but I agree that I was surprised that defamation remained but TI was tossed, so I’m curious as to whether that can be ammended if additional evidence is found as a result of the defendants being forced to actually fucking comply with their discovery requests. I’m curious why this wasn’t hammered more in the hearing.

Being in the room, I felt Mr. Beard was under a lot of pressure. He had to pick his battles, had very little time to think, and the judge was beating him down with specific questions. Discovery abuse was brought up at least once, but the judge blatantly ignored it.

 

[2lolis1cup]

So now Ty knows he has to make the tightest arguments and keep his pages low. With the evidence and stuff he has plus the stay being lifted he should be able to prove defamation rather easily.
As strange and annoying it is the TI dismissal can be appealed but it's best to look forward right now. Cut out the theatrics and just make the most concise and poignant case you can.
Even with his absolute embarrassment I doubt lemonyfresh is going to alter much of his attack strategy so playing no-nonense should be a great way to try and win back the judges favor.

Lemonfurher knows his "cut down a forrest to send it to a judge" strategy is a winning one with this judge. He will bloat to an even more absurd degree every motion and exhibit he can. He will make the Judge hate this case with a passion.

I have no doubt Vic's case has more papers than the rest of his entire docket combined.

It went a little differently:

J: What contracts did they interfere with?
T: We have proof they interfered with Kamehacon
J: you were invited back though right? So what damages were there?
T: We were invited back, but that was with new requirements and legal expenses. We had to pay for security and got a worse location.
J: How much did that cost you?
T: I don’t know the exact amount right now
J: ok then, it’s dismissed.
( For TI with contract)

TI with prospective business was dismissed because Ty couldn’t prove Ron/Monica had anything to do with the other cancellations.

Yes, and the judge noted this as well.

“How do you know they didn’t cancel him because of the negative statements online?”

J: How much did that cost you?
T: I don’t know the exact amount right now
J: ok then, it’s dismissed.

I'm not going to lie this one is bad for Ty. I know it is a fact question and not allowed under TCPA, but he should have had it anyways. He could have said 3 grand or 5 dollars and it would have been better. The judge then would have to accept it or ask for proof.


TI with prospective business was dismissed because Ty couldn’t prove Ron/Monica had anything to do with the other cancellations.

This is straight up re.tarded. How were they going to prove it if they couldn't have any discovery?