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

AnOminous said:
Good. What the fuck is this 45 day bullshit? Frankly I think at least some of the delay was because of the lazy-ass lackadaisical attitude of both sides milking the case for maximum billables while filing every single fucking brief late.

This isn't just being bitter. A motion to reconsider is generally only granted under extraordinary circumstances when the error is so manifest and obvious that the person seeing it should smack their forehead and be astounded at how bad the decision was and what a huge mistake it was.

This should never take 45 goddamn days to sus out.
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It took the CoA 2 years or so to say, "Chupp was right this time because he was right," even though he has a documented history, as a judge, of having a large amount of his rulings being overturned.

Barring the fact that the "retrial" that is happening is only because MoRon think they should get the entirety of the GoFundMe account just because they had their dirty laundry aired out in front of God and everyone.

All I know is that Beard better be prepared this time, or those coals he got raked over are going to be even hotter, should he somehow fuck this up again.
 
So hold on, what's this rule 63 thing Vic is pushing? Basically claiming the second amended should have been accepted since it didn't violate the rule 11 agreement?
 
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Attachments

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Useful_Mistake said:
Motion for rehearing en banc filed
Motion for rehearing filed
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The only complaint I have so far is that on issue 3 I wish they'd have really driven home the fact that "pulling someone's hair and whispering 'something sexual'" is still not "sexual assault" under any possible interpretation that someone might subjectively have. That is the key problem with the whole "well Vic nuked his case because he conceded in his deposition that even though he didn't perceive his actions as in any way hurtful, Jamie Marchi may have perceived them differently" argument. Even if she could have reasonably held an interpretation of that interaction as assault and sexual harassment, that is not and absolutely cannot possibly be interpreted as sexual assault, which she accused him of.

Hopefully they get around to addressing that in issue 5, but even if they do I think it'd still be better to have a preview of that argument in issue 3. It would've fit in nicely there and reiterating the same point a couple of times can't possibly hurt matters.
 
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Kosher Salt said:
The only complaint I have so far is that on issue 3 I wish they'd have really driven home the fact that "pulling someone's hair and whispering 'something sexual'" is still not "sexual assault" under any possible interpretation that someone might subjectively have. That is the key problem with the whole "well Vic nuked his case because he conceded in his deposition that even though he didn't perceive his actions as in any way hurtful, Jamie Marchi may have perceived them differently" argument. Even if she could have reasonably held an interpretation of that interaction as assault and sexual harassment, that is not and absolutely cannot possibly be interpreted as sexual assault, which she accused him of.

Hopefully they get around to addressing that in issue 5, but even if they do I think it'd still be better to have a preview of that argument in issue 3. It would've fit in nicely there and reiterating the same point a couple of times can't possibly hurt matters.
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Did she ever use the term sexual assault? I'll check once I'm at home but I don't remember that specific wording.
 
Damn. Motion denied.

Also, no doc attached
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Edit: Court issued writen orders:
Re: Motion for rehearing (archive)
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Re:Motion for en banc reconsideration (archive)
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This lawsuit is just one big example of Murphy’a Law at this point.

Also, weren’t the affidavits for Vic’s side never submitted as evidence because of a technicality?
 
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General Gunther said:
This lawsuit is just one big example of Murphy’a Law at this point.

Also, weren’t the affidavits for Vic’s side never submitted as evidence because of a technicality?
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The original affidavits were Tylophone notarized. Sam Johnson somehow sniffed that out and got them tossed for being improperly notarized.

Ty withdrew them.

Ty then submitted the Second Amended Petition, which included the same information as the affidavits, but this time as unsworn declarations. Chupp didn't consider the evidence (which was crucial) for not being properly submitted, and the appeals court agreed it was proper to ignore them.

It sucks that the 2DCOA sees the glaringly obvious TCPA-defeating evidence right in front but refuse to allow it in. It sucks more that Ty's procrastination put Vic in this situation in the first place.
 
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TheClappening said:
The original affidavits were Tylophone notarized. Sam Johnson somehow sniffed that out and got them tossed for being improperly notarized.

Ty withdrew them.

Ty then submitted the Second Amended Petition, which included the same information as the affidavits, but this time as unsworn declarations. Chupp didn't consider the evidence (which was crucial) for not being properly submitted, and the appeals court agreed it was proper to ignore them.

It sucks that the 2DCOA sees the glaringly obvious TCPA-defeating evidence right in front but refuse to allow it in. It sucks more that Ty's procrastination put Vic in this situation in the first place.
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I don’t know what tylophone notarized means but an insufferable annoying cunt like Marchi did not deserve a lawyer as competent as Sam yet somehow she managed to get one.

I wish Vic had chosen a better lawyer then Ty. Rekieta may have recommended him but Vic made the decision to choose him.
 
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