Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

Far Queue said:
Some of that did seem a little boilerplate. I suppose the court doesn't care too much about plagiarism. Wouldn't it be better to officially codify some of that into procedure though so that it's better defined and removes the need for such boilerplate?
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There's no such thing as plagiarism in a filing context. Your motion for summary judgment is going to start by citing the usual cases defining the standard and there's no reason to change what it says unless the law has changed.

Supposing you wanted to settle this dispute over deposition order in a favorable way or at least something that a judge could agree to, do you think Ty proposing that the depositions taking place on three consecutive days with one of the defendants being deposed first, Vic second, and the final defendant third would be a suitable compromise that would come across as reasonable to the judge as well as being difficult for Casey to refuse?
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It's really up to the judge.

Because there is no "Rule of Dibsies" or in general any rule at all about the order of depositions. Casey couldn't find a case on point and even the one thing he did cite (an order from another case) said there's no rule.

It's discretionary and up to the judge so it will be whatever the judge says.

Considering everyone fucking well knows a TCPA is being filed anyway, I could easily just see saying nobody gets to depose anyone until the dispositive motion gets filed (and decided). Also if Casey isn't just planning on immediately filing a TCPA the instant they get Vic's deposition in the bag, blowing off any subsequent depositions of his clients, then why is he even objecting? If it's such a ridiculous claim that he has "nefarious" intentions to do just that, then why won't he agree not to?
 
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I wonder if we could get a live-stream of the hearing. That'd be fun.
 
Casey thinks he’s going to depose Vic tomorrow when there’s a hearing on Friday to sort this all out?
 
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AnCapFool said:
Andrea's cited in some of the Exhibits as well.
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I suppose that would've been the easier route. I'm curious how much work she is doing on this case--she seems to have zero experience in this realm of lawyering. Her resume actually comes up in google searching.
 

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Immortal Technique said:
I suppose that would've been the easier route. I'm curious how much work she is doing on this case--she seems to have zero experience in this realm of lawyering. Her resume actually comes up in google searching.
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She has some IP law experience with websites, social media and copyright stuff so maybe they put her on it to specifically to tie Nick into this. Or maybe she's just the most tech competent there.
 
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Did Casey just argue that the plaintiff can't limit discovery without providing evidence that the discovery request is too burdensome when the defendants themselves played the "burdensome" card repeatedly - without evidence - in their original answer?

Also

777095


The request for documents was made in plaintiff's original complaint, so the 30 days required notice would start from the day of service - which I'm pretty sure was mid-April.
 
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Botchy Galoop said:
Excellent. So Funimations response is due June 10th and Marchi's on June 17th. That spells guaranteed amusement for several more weeks until the TCPA is filed and there is probably 90 days of ho hum.
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The TCPA is not 90 days of nothing it's no discovery until it's resolved which can take upto 90 days BUT it would look something like this:
1. TCPA motion filed - document with the TCPA argument in - discovery actions (like depositions and subpoenas) pause
2. (optional) Counter motion filed - document which can include anything relevant to counter the TCPA
3. Within 60 days of 1 - a hearing to argue the merits of the motion
4. Either on the day of the hearing OR within 30 days after it the judge makes a decision on the motion
5. If the Judge decides yes for the motion the case is over if the judge says no everything continues

EDIT: just to note I'm no lawyer this summary of how a TCPA would work is something I thinkNick said sometime on one of his streams, though I can't remember when
 
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Far Queue said:
Some of that did seem a little boilerplate. I suppose the court doesn't care too much about plagiarism. Wouldn't it be better to officially codify some of that into procedure though so that it's better defined and removes the need for such boilerplate?

Supposing you wanted to settle this dispute over deposition order in a favorable way or at least something that a judge could agree to, do you think Ty proposing that the depositions taking place on three consecutive days with one of the defendants being deposed first, Vic second, and the final defendant third would be a suitable compromise that would come across as reasonable to the judge as well as being difficult for Casey to refuse?

I feel like it's reasonably on the surface but contains a bit of a trap. Although the defendants would have some opportunity to shape their story based on what Vic states, they wouldn't have a lot of time to do so, and they would also have to make it square with the initial deposition or they wind up with sworn statements that are contradictory.
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Ty isn't even bothered by Vic going first, all he cares about is them filing for TCPA before theirs. If Casey came back and said "Vic 30th May, Monica 28th June, Ron 29th June and we agree not to file TCPA until at least 1st July" Ty would have been fine with that

Botchy Galoop said:
So Funimations response is due June 10th
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Funi agreed with Ty to a later answer date. It will not be 10th June.
 
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