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

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You lovely intelligent brainy people, help a pleb out here.
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Filed today:
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This is from his last document. This was supposed to happen yesterday?
Lol, what...how do you....file for something to happen and occur retroactively?
He served Chris, according to his own document 6:59 PM on the 30th October. AFTER this date and time. I don't understand how this works.
 
For someone who claims to be a TCPA expert, why is he filing anything since they were granted TCPA? I would think that would lead to a huge bitchslap from a judge.
 
Hang on, he wants the deposition to be tomorrow, and he filed for it TODAY? There's no way even lemonhead is that stupid, what the hell is his angle? Is he just banking on Chupp hitting Chris with contempt of court? There's no way that even Chupp is that stupid, such a decision is stupidly easy to appeal, it's an iron clad rule that you need to give the other person time. Or did we miss something and Lemonhead filed something on October 1st?
 
Much Ado About Nothing dijo:
Does Lemwah even know what he wants with this deposition?
In the filing yesterday he claimed he wanted it to be written documents only, and held at the courthouse before Judge Chupp on the 7th
And now we're back to 1st of November, at that Hilton suites place in Odessa, with the box to have Slatosch show up in person ticked.
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The hearing to compel Chris Slatosch is scheduled for the November 7th, by written submission only. His deposition is scheduled for November 1st.

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Nontransferable dijo:
The hearing to compel Chris Slatosch is scheduled for the 7th.

Ver archivo adjunto 992280
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Then why today did he re-submit the old paperwork? Without this? This is the written submission, his new shit is saying oral deposition. This here says Hearing, which is not the same thing?

I need to re-open the document from yesterday and get my coffee.

Edit: Thank you! that made it clearer!
 
Much Ado About Nothing dijo:
Then why today did he re-submit the old paperwork? Without this? This is the written submission, his new shit is saying oral deposition. This here says Hearing, which is not the same thing?
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They are two different things.

One involves Chris being asked questions by Lemoine, which he will answer in person (or via streaming video). The other is a hearing without Chris, where Lemoine and Ty will write the court explaining why they think Chris should or should not be compelled to answer questions by Lemoine.
 
Nontransferable dijo:
They are two different things.

One involves Lemoine asking Chris questions, which he will answer in person. The other is a hearing without Chris, where Lemoine and Ty tell the court why Chris should or should not be deposed.
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And this is for whatever reason held after the actual desired deposition date? After all, the Notice of Oral deposition says it will happen the 1st of Nov, and the Hearing the 7th ?

Edit: Sort of Cougar'd by the hot redhead (not that I mind).
 
You'd think he would need the courts permission to depose him. Not that .....understand law.
Although, I still do not understand why the dates are what they are. I know he is desperate to get it done before Nov 21st.
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By written submission only, he's pretty much going to argue doing this by paperwork....
I am hoping this means they are sending it to Chupp and he WILL ACTUALLY READ IT (lol as if)
Probably why he chose written. Anyhow, I did have the slightly amusing image of Ty and Lemwah just walking up to the judge with each their pieces of paper in person. Since it said it was to happen before Judge Chupp. This is most likely not the case. It will be 10542 pages of Mosuiqto ramblings most likely.

We do know however, that for this to even happen, a court (a judge) needs to review, approve and sign the document before handing it over to the court officer. Then it travels back to Lemwah.

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What are the requirements of a Texas subpoena?

Every subpoena must: (1) be issued in the name of the State of Texas; (2) state the style of the suit and its cause number; (3) state the court in which the suit is pending; (4) state the date on which the subpoena is issued; (5) identify the person to whom the subpoena is directed; (6) state the time, place, and nature of the action required by the person to whom the subpoena is directed; (7) identify the person at whose instance the subpoena is issued, and the party’s attorney of record; (8) state the text of the rule regarding contempt; and (9) be signed by the person issuing the subpoena (TRCP 176.1).

A Texas subpoena may only be issued by: (1) an attorney authorized to practice in the Texas; (2) a Texas court clerk; or (3) an officer authorized to take deposition in Texas. (TRCP 176.4)

What are the notice requirements for a non-party subpoena?

Notice requirements depend on the type of discovery sought. A notice of an oral deposition with or without a request for documents must be served a “reasonable time” before the deposition (TRCP 199.2(a)). The subpoena accompanying the notice may be served at the same time as or after the notice is served (TRCP 205.2).

A notice of a deposition on written questions with or without a request for documents must be served at least 20 days before the deposition is taken (TRCP 200.1(a)). The subpoena may be served at the same time as or after the notice is served (205.2).

A document request without a deposition must be served “a reasonable time” before the time provided for compliance (TRCP 205.3(a)). The subpoena must be served 10 days after notice. (TRCP 205.2).

176.1 Form. Every subpoena must be issued in the name of "The State of Texas" and must:
(a) state the style of the suit and its cause number;

(b) state the court in which the suit is pending;

(c) state the date on which the subpoena is issued;

(d) identify the person to whom the subpoena is directed;

(e) state the time, place, and nature of the action required by the person to whom the subpoena is directed, as provided in Rule 176.2;

(f) identify the party at whose instance the subpoena is issued, and the party's attorney of record, if any;

(g) state the text of Rule 176.8(a); and

(h) be signed by the person issuing the subpoena.
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176.2 Required Actions. A subpoena must command the person to whom it is directed to do either or both of the following:
(a) attend and give testimony at a deposition, hearing, or trial;

(b) produce and permit inspection and copying of designated documents or tangible things in the possession, custody, or control of that person.
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176.3 Limitations.

(a) Range. A person may not be required by subpoena to appear or produce documents or other things in a county that is more than 150 miles from where the person resides or is served. However, a person whose appearance or production at a deposition may be compelled by notice alone under Rules 199.3 or 200.2 may be required to appear and produce documents or other things at any location permitted under Rules 199.2(b)(2).

(b) Use for discovery. A subpoena may not be used for discovery to an extent, in a manner, or at a time other than as provided by the rules governing discovery.

176.4 Who May Issue. A subpoena may be issued by:
(a) the clerk of the appropriate district, county, or justice court, who must provide the party requesting the subpoena with an original and a copy for each witness to be completed by the pm1y;

(b) an attorney authorized to practice in the State of Texas, as an officer of the court; or

(c) an officer authorized to take depositions in this State, who must issue the subpoena immediately on a request accompanied by a notice to take a deposition under Rules 199 or 200, or a notice under Rule 205.3, and who may also serve the notice with the subpoena.
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176.5 Service.

(a) Manner of service. A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older. A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law. If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney of record.

(b) Proof of service. Proof of service must be made by filing either:
(1) the witness's signed written memorandum attached to the subpoena showing that the witness accepted the subpoena; or

(2) a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served.
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176.6 Response.

(a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness.

(b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization.

(c) Production of documents or tangible things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty's production of a document authenticates the document for use against the nonparty to the same extent as a party's production of a document is authenticated for use against the party under Rule 193.7.

(d) Objections. A person commanded to produce or permit inspection or copying of designated documents and things may serve on the party requesting issuance of the subpoena - before the time specified for compliance - written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made.

(e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things, and any other person affected by the subpoena, may move for a protective order under Rule 192.6(b) - before the time specified for compliance - either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21 a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed.

(f) Trial subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e).

176.7 Protection of Person from Undue Burden and Expense. A party causing a subpoena to issue must take reasonable steps to avoid imposing undue burden or expense on the person served. In ruling on objections or motions for protection, the court must provide a person served with a subpoena an adequate time for compliance, protection from disclosure of privileged material or information, and protection from undue burden or expense. The court may impose reasonable conditions on compliance with a subpoena, including compensating the witness for undue hardship.

176.8 Enforcement of Subpoena.

(a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both.

(b) Proof of payment of fees required for fine or attachment. A fine may not be imposed, nor a person served with a subpoena attached, for failure to comply with a subpoena without proof by affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered.

Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.

1. This rule combines the former rules governing subpoenas for trial and discovery. When a subpoena is used for discovery, the protections from undue burden and expense apply, just as with any discovery.

2. Rule 176.3(b) prohibits the use of a subpoena to circumvent the discovery rules. Thus, for example, a deposition subpoena to a party is subject to the procedures of Rules 196, 199, and 200, and a deposition subpoena to a nonparty is subject to the procedures of Rule 205.

Rule 199.2. Procedure for Noticing Oral Deposition (1999)
Rule 199.2. Procedure for Noticing Oral Deposition (1999)

(a) Time to notice deposition. A notice of intent to take an oral deposition must be served on the witness and all parties a reasonable time before the deposition is taken. An oral deposition may be taken outside the discovery period only by agreement of the parties or with leave of court.

(b) Content of notice.
(1) Identity of witness; organizations. The notice must state the name of the witness, which may be either an individual or a public or private corporation, partnership, association, governmental agency, or other organization. If an organization is named as the witness, the notice must describe with reasonable particularity the matters on which examination is requested. In response, the organization named in the notice must - a reasonable time before the deposition - designate one or more individuals to testify on its behalf and set forth, for each individual designated, the matters on which the individual will testify. Each individual designated must testify as to matters that are known or reasonably available to the organization. This subdivision does not preclude taking a deposition by any other procedure authorized by these rules.

(2) Time and place. The notice must state a reasonable time and place for the oral deposition. The place may be in:

(A) the county of the witness's residence;

(B) the county where the witness is employed or regularly transacts business in person;

(C) the county of suit, if the witness is a party or a person designated by a party under Rule 199.2(b)(I);

(D) the county where the witness was served with the subpoena, or within 150 miles of the place of service, if the witness is not a resident of Texas or is a transient person; or

(E) subject to the foregoing, at any other convenient place directed by the court in which the cause is pending.
(3) Alternative means of conducting and recording. The notice must state whether the deposition is to be taken by telephone or other remote electronic means and identify the means. If the deposition is to be recorded by nonstenographic means, the notice may include the notice required by Rule 199.1 (c).

(4) Additional attendees. The notice may include the notice concerning additional attendees required by Rule 199.5(a)(3).

(5) Request for production of documents. A notice may include a request that the witness produce at the deposition documents or tangible things within the scope of discovery and within the witness's possession, custody, or control. If the witness is a nonparty, the request must comply with Rule 205 and the designation of materials required to be identified in the subpoena must be attached to, or included in, the notice. The nonparty's response to the request is governed by Rules 176 and 205. When the witness is a party or subject to the control of a party, document requests under this subdivision are governed by Rules 193 and 196.

Amended by order of Nov. 9, 1998, eff. Jan. 1, 1999.
Notes and Comments

Comments to 1999 change:

1. Rule 199.2(b)(5) incorporates the procedures and limitations applicable to requests for production or inspection under Rule 196, including the 30-day deadline for responses, as well as the procedures and duties imposed by Rule 193.

2. For purposes of Rule 199.5(c), each person designated by an organization under Rule 199.2(b)(1) is a separate witness.

3. The requirement of Rule 199.5(d) that depositions be conducted in the same manner as if the testimony were being obtained in court is a limit on the conduct of the lawyers and witnesses in the deposition, not on the scope of the interrogation permitted by Rule 192.

4. An objection to the form of a question includes objections that the question calls for speculation, calls for a narrative answer, is vague, is confusing, or is ambiguous. Ordinarily, a witness must answer a question at a deposition subject to the objection. An objection may therefore be inadequate if a question incorporates such unfair assumptions or is worded so that any answer would necessarily be misleading. A witness should not be required to answer whether he has yet ceased conduct he denies ever doing, subject to an objection to form (i.e., that the question is confusing or assumes facts not in evidence) because any answer would necessarily be misleading on account of the way in which the question is put. The witness may be instructed not to answer. Abusive questions include questions that inquire into matters clearly beyond the scope of discovery or that are argumentative, repetitious, or harassing.

Rule 205.2. Notice (1999)
A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. A notice of oral or written deposition must be served before or at the same time that a subpoena compelling attendance or production under the notice is served. A notice to produce documents or tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling production is served.

Amended by order of Dec. 31, 1998, eff. Jan. 1, 1999.

1. Rule 205.1 (d) is modified as follows: "a request for production of documents and tangible things under this rule."

2. Rule 205.2 is modified as follows: "Notice. A party seeking discovery by subpoena from a nonparty must serve, on the nonparty and all parties, a copy of the form of notice required under the rules governing the applicable form of discovery. A notice of oral or written deposition must be served before or at the same time that a subpoena compelling attendance or production under the notice is served. A notice to produce documents or tangible things under Rule 205.3 must be served at least 10 days before the subpoena compelling production is served."

3. The title of Rule 205.3 is modified as follows: "Production of Documents and Tangible Things Without Deposition,"

4. Rule 205.3(a) is modified as follows: "Notice; subpoena. A party may compel production of documents and tangible things from a nonparty by serving - a reasonable time before the response is due but no later than 30 days before the end of any applicable discovery period - the notice required in Rule 205.2 and a subpoena compelling production or inspection of documents or tangible things."
 
Última edición:
Lemoine noticed Chris for a deposition. Ty filed a motion to quash. Lemoine then filed a motion to compel.

If Chris wants to turn over all his documents and be deposed tomorrow, then this is moot. If he doesn't, the court will decide if his testimony should be compelled.
 
Nontransferable dijo:
Lemoine noticed Chris for a deposition. Ty filed a motion to quash. Lemoine then filed a motion to compel.

If Chris wants to turn over all his documents and be deposed tomorrow, then this is moot. If he doesn't, the court will decide if his testimony should be compelled.
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Could Chris just fuck with lemoine and just send him a bunch of non answers, forcing lemon to go to the judge properly?
 
Much Ado About Nothing dijo:
This is what I am hoping for. The angry lung-gurgls that would be coming from Lemwah would be glorious. ( thought probably not a good idea should it happen.)
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That might be the idea, to provoke Slatosch to give a bunch of non-answers to render him useless as a witness at trial.
 
Much Ado About Nothing dijo:
This is what I am hoping for. The angry lung-gurgls that would be coming from Lemwah would be glorious. ( thought probably not a good idea should it happen.)
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We can only hope for his lawyer to apply objection to form every single sentence uttered.


edit:
AnOminous dijo:
That might be the idea, to provoke Slatosch to give a bunch of non-answers to render him useless as a witness at trial.
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What about if he answers truthfully but in a completely vague way which totally answers the questions, but just ends up pissing off the deposer?
I mean, could he just go into a long story time rant with every question, but sprinkle in exotically what is wanted every few sentences?

Would that be bad form?
 
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