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

[AnOminous]

I mean, I'd like to think so , but Chupp should have looked at everything that's put in front of him too...

Appeals courts are generally selected from higher quality judges.

 

[TheClappening]

I want it to go straight through to jury after appeal but I think you and I both know that’s probably not what’s gonna happen as much as it should.

If this gets past TCPA, thus meaning opposing counsel isn't getting paid in weeb bux, they'll be scrambling over each other to settle.

Funimation doesn't want internal communications, especially the contents of their sham investigation, made public.

Jamie simply doesn't have enough money to fight a lawsuit.

Monica and Ron are deranged enough they might think they can win and somehow get attorneys fees from a jury.

 

[LuNaS]

If this gets past TCPA, thus meaning opposing counsel isn't getting paid in weeb bux, they'll be scrambling over each other to settle.

Funimation doesn't want internal communications, especially the contents of their sham investigation, made public.

Jamie simply doesn't have enough money to fight a lawsuit.

Monica and Ron are deranged enough they might think they can win and somehow get attorneys fees from a jury.

Agree on Funimation not wanting Discovery, hell probably none of them wants Discovery, we know that both Monica and Ron gave communications to their lawyers that the lawyers didn't even showed in their Discovery now why would a lawyer not want to show communications that are supposed to be shown as part of the basic rules?

Funnily enough KickVic keeps saying Ty and Nick should be sued by Vic, but from what I have seen Monica and Ron either have Lawyers who are fleccing them or they are advancing completely disregarding their lawyers advice. Both are equally possible.

 

[DragoonSierra]

it doesn't make MoRonica, Shameful Harpie and no-fun-allowed-imation "innocent" either. It would just mean "This court considers them innocent" but WE already know they are guilty. We've seen the evidence and that evidence was not doctored either.

Everyone in Kick Vic is acting like they are tho. Even Moronica.

Even if he "lost the case," you notice they aren't actively interfering like they were before? A

Manjaw is.

I want this damn appeal paperwork to show up soon so we can know if Vic is gonna get his justice or not.

Deadline is next Monday.

If this gets past TCPA, thus meaning opposing counsel isn't getting paid in weeb bux, they'll be scrambling over each other to settle.

Funimation doesn't want internal communications, especially the contents of their sham investigation, made public.

Jamie simply doesn't have enough money to fight a lawsuit.

Monica and Ron are deranged enough they might think they can win and somehow get attorneys fees from a jury.

So heres a question. If this makes it past appeals how much do you think Ty will settle for with Funimation? I imagine that Ty is going to go for anything that will restore Vic reputation rather than money. I can think of a few things that would do that:

• Communications between any Funi employee or contractor that they happen to have that would absolve Vic.
• Make an offer to Funi's employees that they wont be sued if they have any personal communiations with defendants or Sabat that would absolve Vic.
• If Funi called conventions and threatened sponsorship if they hosted Vic, then Funi should call them and tell the conventions thier sponsorship wont be cancelled if they host Vic and offer Ty proof they have done so.
• Have Debbie Tenbow offer an affidavit or testify about every single detail of the investigation.

 

[Padoru]

Everyone in Kick Vic is acting like they are tho. Even Moronica.

so? Let them act like that. This isn't over yet and it wont be for a while

 

[Zbk3VmLfujjzjxBd43tL]

Funnily enough KickVic keeps saying Ty and Nick should be sued by Vic, but from what I have seen Monica and Ron either have Lawyers who are fleccing them or they are advancing completely disregarding their lawyers advice. Both are equally possible.

I hope if Ty loses the case for good Vic sues for malpractice just so we can keep this shit going, except this time laugh at the ISWV spergs and especially Law Twitter who would probably call Vic an idiot for suing Ty for malpractice and talk about how Ty will totally win.

 

[HTTP Error 404]

When are appeals due by?

 

[AnOminous]

When are appeals due by?

IMO, an order dismissing all causes of action to all parties under the TCPA is an appealable order. All appeals as to the denial or granting of a TCPA motion are on an accelerated basis. The notice of appeal for an accelerated appeal must be filed within 20 days of the order being appealed. Judge Chupp's written order dismissing all causes of action as to all parties was October 4. Therefore, the notice of appeal must be filed with the trial court on or before October 24.

That's Thursday.

There is some question as to whether a pending request for attorney's fees and/or sanctions renders such an order interlocutory. That wouldn't necessarily mean the appeals court wouldn't hear it but would make choosing to do so discretionary.

 

[Soviras]

IMO, an order dismissing all causes of action to all parties under the TCPA is an appealable order. All appeals as to the denial or granting of a TCPA motion are on an accelerated basis. The notice of appeal for an accelerated appeal must be filed within 20 days of the order being appealed. Judge Chupp's written order dismissing all causes of action as to all parties was October 4. Therefore, the notice of appeal must be filed with the trial court on or before October 24.

That's Thursday.

There is some question as to whether a pending request for attorney's fees and/or sanctions renders such an order interlocutory. That wouldn't necessarily mean the appeals court wouldn't hear it but would make choosing to do so discretionary.

I doubt it would render it interlocutory, because that would create a situation where any full dismissal where a sanctions hearing can still happen would make the appeals interlocutory. That would be rather prejudicial towards the appealing party in any situation, because simply scheduling a sanctions hearing after the deadline for an appeal would make it impossible to appeal if the court decides so.

 

[Spicybeef]

IMO, an order dismissing all causes of action to all parties under the TCPA is an appealable order. All appeals as to the denial or granting of a TCPA motion are on an accelerated basis. The notice of appeal for an accelerated appeal must be filed within 20 days of the order being appealed. Judge Chupp's written order dismissing all causes of action as to all parties was October 4. Therefore, the notice of appeal must be filed with the trial court on or before October 24.

That's Thursday.

There is some question as to whether a pending request for attorney's fees and/or sanctions renders such an order interlocutory. That wouldn't necessarily mean the appeals court wouldn't hear it but would make choosing to do so discretionary.

It seems like they are cutting things awfully close again. Is there any benefit to waiting until the last minute to file the appeal? Because I can think of a pretty large negative or two, based on the last go around...

My biggest fear is that bhbh just doesn't really care about this case as much as Mr. Beard seems to whenever he talks it up, and that this is just another case to them.

It feels like maybe this is just another docket to them, in between getting some millionaire's son out of a dui and sorting out an inheritance squabble between trust fund babies. Which is fine I guess, but it sure makes me regret giving to the gofundme. I thought this was more of a just cause, and not just lining a lawyers pockets.

 

[Sheryl Nome]

It seems like they are cutting things awfully close again. Is there any benefit to waiting until the last minute to file the appeal? Because I can think of a pretty large negative or two, based on the last go around...

My biggest fear is that bhbh just doesn't really care about this case as much as Mr. Beard seems to whenever he talks it up, and that this is just another case to them.

It feels like maybe this is just another docket in between getting some millionaire's son out of a dui, and sorting out an inherirance squabble between trust fund babies.

You only get one shot at an appeal, taking your time to clean it up as best as possible is the advantage. Why waste 2 days?

 

[Bender]

It seems like they are cutting things awfully close again. Is there any benefit to waiting until the last minute to file the appeal? Because I can think of a pretty large negative or two, based on the last go around...

My biggest fear is that bhbh just doesn't really care about this case as much as Mr. Beard seems to whenever he talks it up, and that this is just another case to them.

It feels like maybe this is just another docket in between getting some millionaire's son out of a dui, and sorting out an inherirance squabble between trust fund babies.

Ty's talked about how busy he was with other cases in a stream he did with Nick waiting for the arbitration, maybe they've just taken on too much and are overworked.

You only get one shot at an appeal, taking your time to clean it up as best as possible is the advantage. Why waste 2 days?

Because the last time they did that they submitted faulty affidavits, removed them and tried to replace them with sworn testimonies which Chupp didn't consider.

 

[Sheryl Nome]

Ty's talked about how busy he was with other cases in a stream he did with Nick waiting for the arbitration, maybe they've just taken on too much and are overworked.


Because the last time they did that they submitted faulty affidavits, removed them and tried to replace them with sworn testimonies which Chupp didn't consider.

You can't do that on an appeal, whats in is in, to my understanding.

 

[Spicybeef]

You only get one shot at an appeal, taking your time to clean it up as best as possible is the advantage. Why waste 2 days?

Well, thats what I thought last time. But my understanding is that they completely missed the non-notarization thing, and also had some organization screwups in their filing - the very things that would have been caught if they were really polishing it.

IANAL and all, but it looked more like waiting until the last minute and turning in a sloppy paper because i was up all night playing video games than a thoroughly tested and polished thesis.

So let me ask you, in a not-pointed way, do you think the last filing was right up against the deadline because they just spent so darn much time polishing it, or was it more like every essay I ever wrote in high school? and college...

 

[Sheryl Nome]

Well, thats what I thought last time. But my understanding is that they completely missed the non-notarization thing, and also had some organization screwups in their filing - the very things that would have been caught if they were really polishing it.

IANAL and all, but it looked more like waiting until the last minute and turning in a sloppy paper because i was up all night playing video games than a thoroughly tested and polished thesis.

So let me ask you, in a not-pointed way, do you think the last filing was right up against the deadline because they just spent so darn much time polishing it, or was it more like every essay I ever wrote in high school? and college...

It can be a combination of both. Just because you ran out of time doesn't mean you should have turned it in early.

 

[X Prime]

You're also forgetting that the defense was allowed to keep supplementing their TCPA filings past the deadline, while suddenly it was a problem if Ty Beard amended his response past his.

 

[Bender]

You can't do that on an appeal, whats in is in, to my understanding.

My point was more "they waited until the last minute last time and STILL fucked up their filing"; they should probably set Wednesday as an internal deadline and use Thursday to proof-read repeatedly and submit before 10pm.

 

[AnOminous]

I doubt it would render it interlocutory, because that would create a situation where any full dismissal where a sanctions hearing can still happen would make the appeals interlocutory. That would be rather prejudicial towards the appealing party in any situation, because simply scheduling a sanctions hearing after the deadline for an appeal would make it impossible to appeal if the court decides so.

At least one court said so, in this footnote to an article on TCPA.

See, Am. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865 (Tex. App. Dallas 2014, no pet.) (holding that an unresolved claim for attorney's fees and sanctions rendered the judgment interlocutory).

This case itself cites a Texas Supreme Court case, Crites v. Collins, :

In Crites v. Collins, the court stated, "A judgment dismissing all of a plaintiff's claims against a defendant, such as an order of nonsuit, does not necessarily dispose of any cross-actions, such as a motion for sanctions, unless specifically stated within the order." 284 S.W.3d 839, 840 (Tex.2009) (per curiam) (emphasis added). The Crites court held that an order of nonsuit was not a final judgment because (1) the defendant had previously filed a Chapter 74 motion for dismissal with prejudice and for sanctions and (2) the nonsuit order "did not resolve the pending motion because it did not contain specific language denying or granting relief."

Notably, there isn't explicitly a motion for sanctions or fees before the court, but delaying just invites one to be filed, assuming that just filing a TCPA motion to dismiss doesn't, in effect, itself constitute a motion for sanctions and fees.

 

[Allanon]

Well, according to Nick at the time, had the hearing been run like an actual TCPA hearing, Ty would have been able to raise everything in that response anyway, and he could amend the second petition to reflect it as well. The response itself wasn't that important. This is an absolute non-issue had Chupp not gone and Chupped everything up.

 

[Dumb Bitch Smoothie]

You're also forgetting that the defense was allowed to keep supplementing their TCPA filings past the deadline, while suddenly it was a problem if Ty Beard amended his response past his.

I will scream this statement from every rooftop.

Ty needs to take this point alone and fuck appeals court in the ass with it. With ghost pepper hot sauce for lube.