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

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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Worse, he failed to notarize them properly (did it himself despite the parties not being actually present) and then voluntarily withdrew them, then submitted them untimely, even though there are notaries all over Texas certified to do them remotely. A few bucks would have fixed the "problem" that ended up nuking the case from orbit.

The untimely subsequent filing would probably have been acceptable under the rules, but he had also, in what turns out to be an imprudent decision, made a Rule 11 (Texas Rule 11) agreement specifying the time and the court chose to enforce it strictly.

When in Texas, do not make any kind of agreement with scum who are not acting in good faith.
 
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General Gunther said:
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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Items must be signed in the physical presence of the notary. I think there are some special notaries that can perform remote notarizations, but Ty isn't one of them.

In any case the Vic, Huber, and Slatosch affidavits were improperly notarized. Once Sam Johnson called out the defective affidavits, Ty withdrew them, then tried to resubmit them as unsworn declarations. For various reasons, Chupp found them to be improperly submitted, and without those crucial sworn statements, Vic had no answer to the defendants' TCPA.

All Ty had to do was simply just submit unsworn declarations from the get go. We know those worked because Erica McCord's unsworn declaration all the way from Japan was considered proper by the court.

Or, instead, Ty could have set aside a day and driven around to collect them. Since he's a notary, he just shows up at their house and spends ten minutes getting everything signed and stamped.

Or Ty could have just had the three of them find a local notary, get them notarized, and submit them then.

EDIT: Cougar'd by John Goodman. Speaking of which, I missed your posts. They make me laugh.
 
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TheClappening said:
and got them tossed for being improperly notarized.
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TheClappening said:
Ty withdrew them.
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The second one is correct, the first one is not.
AnOminous said:
then submitted them untimely, even though there are notaries all over Texas certified to do them remotely. A few bucks would have fixed the "problem" that ended up nuking the case from orbit.

The untimely subsequent filing would probably have been acceptable under the rules, but he had also, in what turns out to be an imprudent decision, made a Rule 11 (Texas Rule 11) agreement specifying the time and the court chose to enforce it strictly.
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I still maintain that it was submitted on time, and the way appellate court and Chupp read the Rule 11 agreement is horribly retarded.

I do agree, though, with how much money they were spending left and right, they should have spent some on things that mattered.
 
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5t3n0g0ph3r said:
Nope.
The case is going back to Chupp to argue on fees.
Once that is ruled on, then it'll be over.
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You mean when MoRon and co take Vic to court for not paying fees awarded? From what I guess most of Vic's assets have been moved into judgement proof shelters by Ty already.

This case is more cursed than Chris-chan's case. It will only end when every party involved is dead.
 
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2lolis1cup said:
You mean when MoRon and co take Vic to court for not paying fees awarded? From what I guess most of Vic's assets have been moved into judgement proof shelters by Ty already.

This case is more cursed than Chris-chan's case. It will only end when every party involved is dead.
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Don't make me cut and paste from Bleak House again.
 
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Vic appealed to the Supreme Court of Texas on November 14th
https://search.txcourts.gov/Case.aspx?cn=22-1016&coa=cossup

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I'm not a Robot said:
Vic appealed to the Supreme Court on November 14th
https://search.txcourts.gov/Case.aspx?cn=22-1016&coa=cossup
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Am I stupid or was this filed 1 day late? This was filed on 14th of November, and the last action by the appellate court was on the 29th of September. That's 46 days. The deadline is 45 (see this) Did I miss something? Looking over the appeal I don't see them even addressing the rules on timeliness on appeals, but I am just skimming it.

I am retarded:
Useful_Mistake said:
I might have been retarded. The 45th day would have been Sunday the 13th. As per rule 4.1, the deadline would have moved to Monday the 14th. My bad.
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I was going to ask why wait until the last day to file, but then why break the habit of a lifetime?

Despite all of this, I like Beard as a person. He's clearly a good man at heart, which is a weird thing to see in a lawyer, and he's passionate about things that I also like. He let the brief moment of fame go to his head and he obviously assumed that the world of defamation litigation would be the same good old boys network as his own turf, and trusted certain people far beyond their own level of competence (and over-estimated his own as well). Remember when he was originally going on about how the initial filing was a group effort by the whole firm? That talk stopped pretty quick after how shambolic the filing was shown to be. Everything after that point was much tighter, notary phone issues aside, but the damage was already done.
 
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teriyakiburns said:
I was going to ask why wait until the last day to file
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To maximize the available time. It's not an uncommon procedure.
teriyakiburns said:
pretty quick after how shambolic the filing was shown to be.
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Sadly this appeal has some spelling mistakes and words that weren't quite finished being deleted (probably). Example:
ex.PNG
My description of it sounds worse than it actually is. So far (and I am not very far in 24/141 pages) it does seem more or less pretty well written.
 
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teriyakiburns said:
Despite all of this, I like Beard as a person.
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That's why I hope he makes this good. At the very least, he should cover any litigation expenses that exceeded the GFM. He royally screwed the pooch here, but I have some small level of faith that he might still make it good by his client.
teriyakiburns said:
@AnOminous, I believe that's your cue.
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Shut up groid.
 
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