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

The TCPA doesn't protect/hide anything.

The TCPA just stays discovery entirely along with the case in general. The reason it does that is that the whole point of the TCPA is to save defendants time and money dealing with a frivolous lawsuit and discovery is one of the more time consuming and costly parts of litigation, and sometimes, the only part that happens because after discovery it often becomes apparent how the case is going to go.

This is part of why Ty aggressively front loaded the lawsuit with discovery right at the outset, to force the issue. The defendants, if they thought it was going to go well, would have simply short circuited this by immediately filing a TCPA. But they didn't. Because even Casey doesn't like his odds, to the point he filed utter nonsense as an answer.
 
I do wonder what Soye and Rial hope to come out in deposition. That vic has sex with women at conventions? If anything keeping things public may hurt them more then vic in the long run.

I almost suspect there's some reverse psychology at play in Ty being the one to offer the confidentiality agreement since Casey appears to be in a childish mode of just automatically opposing anything he does. That's ordinarily an okay strategy, since most things your opponent is going to do are going to be things you don't want done, but I don't think he really thought through this at all.

I think SoyeBoye and Monica will be utterly eviscerated in deposition and look like absolute shit, frankly, and don't anticipate Vic coming out that badly at all, even if some embarrassing things come out, which they always do. Nobody gets out of a deposition without having to answer questions they'd rather not, but as Ty pointed out, if you're filing a case like this you're going to dig out every thing that might come out in deposition and if you're going to get crucified, you seriously reconsider whether you should even file the case at all.

Defamation cases can be brutal and if you don't carefully vet what you file, you could end up with your reputation ruined even further than just letting matters take their own course.

The famous historical example would be when Oscar Wilde sued the Marquess of Queensberry for libel for calling him a "somdomite," which was true if misspelled, among other things. As it came out, his lawsuit accomplished nothing but actually outing him as having committed the crime of sodomy and he ended up going to jail.

So you really don't want to file defamation actions where bad stuff, possibly even worse stuff than the defamation, is going to come out and harm your reputation even further. The very fact that he even filed at all signifies he's fairly confident about that.

Ron and Monica on the other hand should be seriously concerned that if discovery kicks into high gear, it will uncover shit that could actually be prosecuted or referred to the DA by the judge.

Another thing Casey should be concerned about is collateral estoppel. This is a legal principle that if you rely on a certain fact or argument to your advantage at one stage in a legal proceeding, such as for instance this opposition to confidentiality, if the same fact is later relevant to some other issue, you're precluded from arguing the opposite of what you argued to prevail in the original matter.

So if they argue now that there's no reason for confidentiality of any kind and then spew their worst about Vic when they get his deposition, but it turns out their own are much worse, as in will utterly destroy their reputation and make them unemployable or even send them to jail, they'll have a hard time turning around and arguing that now this kind of stuff should be kept confidential.
 
I don't think Casey is long for this case. Ty could start driving a wedge into MoRon pretty much as soon as the first deposition. They aren't going to tolerate having to testify against each other for long, and with every question it's going to be harder for Casey to remain their attorney. I think that's why Casey is doing everything in his power to keep that from happening. All the chickenshit filings, the stupid games, are to keep that 1st deposition from happening.

That fake marriage is gonna end at Ty's convenience. The chimp out will be legendary.
 
The famous historical example would be when Oscar Wilde sued the Marquess of Queensberry for libel for calling him a "somdomite," which was true if misspelled, among other things. As it came out, his lawsuit accomplished nothing but actually outing him as having committed the crime of sodomy and he ended up going to jail.
The defamatory calling card specifically called him a "posing" somdomite. Basically: "I merely accused him of pretending!"

Imagine if these idiots were even halfway clever. Or knew the actual exceptions to defamation.

But no. It's the current year. Gotta get on social media and reeee about everything non-stop. It'd be funny if it weren't so pathetic.
 
Cross posting from Jamie's thread - she's been served:

source: https://twitter.com/NickRekieta/status/1132328673447731200

771965
771966
 
Watch her hire a massive sped who will try to argue that this is not valid service.
I mean it'd be a pretty hard argument to make since the judge had to grant a motion authorizing this exact service method.

Or maybe she will do the "if I close my eyes and pretend it's not there, nothing will happen" routine and default.
Honestly I can see this happening because I still call BS on her claims of having a lawyer. Honestly I kinda hope she doesn't have one and then panics and tries to find one at the last minute. Trying to ask the judge for an extension after dodging service and then ignoring it would be asolutely top tier lols.
 
I'm honestly curious to see where this goes if she continues just pretending that the suit doesn't exist for the long haul. I assume that eventually there will be some sort of judgement in absentia for the case, but suppose she also pretends to have no knowledge of that. How long can she keep this up?

What will be the first thing that she simply cannot avoid by hiding and playing dumb? Repo men towing her car? Debtor's prison? Will Vic have to hire Dog the Bounty Hunter to track her down?

Help us out here KF lawyers, inquiring minds want to know!
 
  • Dumb
Reactions: La Luz Extinguido
I'm honestly curious to see where this goes if she continues just pretending that the suit doesn't exist for the long haul. I assume that eventually there will be some sort of judgement in absentia for the case, but suppose she also pretends to have no knowledge of that. How long can she keep this up?

What will be the first thing that she simply cannot avoid by hiding and playing dumb? Repo men towing her car? Debtor's prison? Will Vic have to hire Dog the Bounty Hunter to track her down?

Help us out here KF lawyers, inquiring minds want to know!
Default judgement is on the table if she fails to respond by the deadline.
When it comes to collecting on judgements, Texas is pretty strict. Certain things are exempt from judgements, and certain forms of collection are flat-out illegal. There's a separate thread on this very subject.
Even if it turns out that Marchi can't pay a penny, her credit rating will be completely ruined.
Oh, and she can totally be subpoenaed to testify against Rial, Toye, Funimation and any other future defendants.
 
I'm honestly curious to see where this goes if she continues just pretending that the suit doesn't exist for the long haul. I assume that eventually there will be some sort of judgement in absentia for the case, but suppose she also pretends to have no knowledge of that. How long can she keep this up?

What will be the first thing that she simply cannot avoid by hiding and playing dumb? Repo men towing her car? Debtor's prison? Will Vic have to hire Dog the Bounty Hunter to track her down?

Help us out here KF lawyers, inquiring minds want to know!

It’s not a Judgement in absentia. It’s a Default Judgement for failing to respond to the Plaintiff’s causes of action. She can ignore up until the day she goes to check her bank accounts and finds them empty as they were levied to satisfy the Judgement.
 
What happens if she ignores a subpoena?
A subpoena is something different. You can, and likely will, find yourself in contempt of court which is punishable by fines and jail time if you ignore one.
Texas Rules of Civil Procedure said:
Rule 176.8 Enforcement of Subpoena.

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.
Bradley Manning is currently serving time, again, because he was subpoenaed to testify before a grand jury and is refusing.
 
Back