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

[TheClappening]

Wait, an entirely new motion? To do what?

Motion to compel the deposition of the plaintiff. I guess the request for Vic to pay costs for the motions also counts.

 

[some_crazy]

Another obnoxious thing about this filing is that it is a response to another motion by the plaintiff, is filed immediately before a hearing three days from when it's filed, and introduces another entirely new motion even though the defendant already had a motion pending.

Since all the discovery matters are likely to be handled tomorrow, he's trying to sneak in a new motion so that the plaintiff won't have time to reply before Friday or has to make a rushed response, or there will have to be an entirely new hearing just for that new thing.

Considering the TCPA filing deadline is coming up soon, that's kind of sneaky.

Can Ty just argue this on Friday without filing a response first or does he need to file his answer before arguing it?

 

[AnOminous]

D... what.


I thought the discovery matters were going to be handled on the 31st, which is two days from now, not tomorrow?

That's what I was saying. So it's obnoxious to file another discovery related motion just a couple days before it.

Can Ty just argue this on Friday without filing a response first or does he need to file his answer before arguing it?

He can, and possibly will, but now he has to do it without briefing the court first. The only person with anything on paper related to this is Casey, because he snuck in the motion just three days before the hearing.

As our in-house law expert, how would you guess the average judge's view on Casey would be right now? We don't know much about the actual judge yet so no point discussing particulars but I'm interested in knowing if Casey would look half as bad to the judge as he does to us right now.

My guess would be he's going to be annoyed with both parties just for even having to have a hearing on this, and it's a question as to who he views as more at fault. He may dress down both sides, but I'd be more interested in what he actually rules on the discovery issues.

I think Casey is jumping the gun on a motion to compel considering his own shenanigans throughout this whole thing, although I suggested earlier that such an order might come out on the 31st.

I think Casey looks like the one who has been engaging in shenanigans here and this is a last minute save attempt to salvage his ridiculous Rule of Dibsies, but I'm biased. We'll see what we'll see and we probably don't have to wait long.

 

[Francis York Morgan]

I have to imagine that BHBH were expecting Casey to pull some shit like this given his interactions with them so far, so hopefully we get to see them crucify the guy for pulling this shit.

 

[repentance]

I have to imagine that BHBH were expecting Casey to pull some shit like this given his interactions with them so far, so hopefully we get to see them crucify the guy for pulling this shit.

"He started it" isn't likely to fly with the court. I'd expect both sides to be told to knock it the fuck off.

 

[MelloYello]

So it says more or less the opposite of what Casey is claiming. First there isn't even a rule, but even if there were one, it would be that the party who has to prove something gets to do it first, i.e. the plaintiff.

Okay, what is going on here?
That's a supposedly accomplished attorney, how can he possibly be this bad, to fail in terms of basic reading comprehension?

 

[break these cuffs]

Okay, what is going on here?
That's a supposedly accomplished attorney, how can he possibly be this bad, to fail in terms of basic reading comprehension?

Thanks to the screenshot we know he has at least one other attorney working on the motion. Maybe he has the cleaning ladies in on it too. And, the office cleaning ladies are Russel Greer.

 

[repentance]

Okay, what is going on here?
That's a supposedly accomplished attorney, how can he possibly be this bad, to fail in terms of basic reading comprehension?

I think he's developed tunnel vision and is banking everything on filing a TCPA before his clients can be deposed. He has not requested an extension of time for his clients to provide answers to the interrogatories or produce documents - presumably because he knows he's not going to need an extension.

 

[Wake me up]

I'd expect both sides to be told to knock it the fuck off.

The judge will have to actually look into what is going on (assuming he isn't keeping tabs already). If he's a good judge, he'll see that they're trying to depose Vic first (The Rule of Dibs) and then slap a TCPA motion. If he can see that, there's no reason to tell Beard to fuck off because he's not the one actively attempting to abuse the system.

If he's a poor judge, he won't care, will take it out on both sides and be done with it. I'd rather not assume as much right now

Am I missing any important pieces of the puzzle? I kinda lost track once the news slowed down and the thread stated going around in circles.

 

[Beavis]

Can the judge have Vic go first but not allow a TCPA be filed until after MoRon are deposed? If he can and does or has MoRon go first the TCPA will be filed to delay their deposition even if they can’t get Vic’s.

 

[repentance]

Can the judge have Vic go first but not allow a TCPA be filed until after MoRon are deposed? If he can and does or has MoRon go first the TCPA will be filed to delay their deposition even if they can’t get Vic’s.

This is pretty much the deal which Ty offered to Casey and which Casey rejected. The TCPA deadline is rapidly approaching so they may very well have to file it without getting Vic's deposition first.

 

[AnOminous]

If he's a poor judge, he won't care, will take it out on both sides and be done with it. I'd rather not assume as much right now

I wouldn't assume anything if he does dress down both sides. The actual ruling is what matters. In fact, actively berating one side in the very first hearing wouldn't help either because then the defense could claim the judge had it in for them from the very beginning.

One thing I have heard trial counsel say is the worst thing you can hear from a judge beginning his opinion is compliments on how professional and well written your brief was. Because he's about to fuck you thoroughly and is just sweetening up the pill.

 

[wickedlilium]

I wouldn't assume anything if he does dress down both sides. The actual ruling is what matters. In fact, actively berating one side in the very first hearing wouldn't help either because then the defense could claim the judge had it in for them from the very beginning.

One thing I have heard trial counsel say is the worst thing you can hear from a judge beginning his opinion is compliments on how professional and well written your brief was. Because he's about to fuck you thoroughly and is just sweetening up the pill.

Seeing how you are the 'legal' know-it-all here; do you think the judge wouldn't force Ty's agreement ie no TCPA tell after defendants deposition as Ty already made it clear he'd let Vic go first and considering it would be evidence to go against Casey's claims? Or do you think the judge would come up with a different ruling? Also would the judge extend the deadline of filing for the TCPA tell after deposition?

 

[AnOminous]

Seeing how you are the 'legal' know-it-all here; do you think the judge wouldn't force Ty's agreement ie no TCPA tell after defendants deposition as Ty already made it clear he'd let Vic go first and considering it would be evidence to go against Casey's claims? Or do you think the judge would come up with a different ruling? Also would the judge extend the deadline of filing for the TCPA tell after deposition?

I honestly have no idea. He could go with some splitting the difference ruling, or could decisively rule for one side or another. I obviously think one side is right and the other side is playing chickenshit games, but I have no idea how the judge is looking at it and what he'll decide. Let's just say I'm hopeful.

Just thinking about it from a saving time and costs perspective, I could easily see just saying nobody gets any discovery at all until the TCPA is decided, or only gets discovery related to that one thing, after such a motion is filed. If the case is so frivolous, after all, you don't need to depose the plaintiff to prove that. It should be obvious from the complaint itself that it's frivolous and fails to state a cause of action.

 

[Mr. Zed da Robot Poon Fed]

Also that cite sucks.

This is the case (which is not even a case but an ORDER from a trial court in another county) Casey is citing:

View attachment 776966

So it says more or less the opposite of what Casey is claiming. First there isn't even a rule, but even if there were one, it would be that the party who has to prove something gets to do it first, i.e. the plaintiff.

So, in essence, Casey is citing a case stating the exact same shit that Ty said in his email to Casey.

Fucking Lord. Casey is just trying to milk all the shekels he can from La Choy and Rial.

It also just occurred to me that MoRon actually did pay Casey to watch Rekieta's channel.

I honestly thought they weren't going to take it seriously. I genuinely thought that.

Did they really watch all of Nick's streams and videos about Vic? Did La Choy actually pay the money for them to watch this?

Okay ... is it just me, or is Casey still responding/reacting to Nick, rather than Vic?
Are they going to try and convince the court that Nick is an agent of Vic?

That's the weird thing about this. This lawsuit is supposed to be about Monica's claims and Ron's defamation, not everyone else's. This response is about everyone but the defendants.

 

[East_Clintwood]

Impressive. It even cites a rule. And a precedential case for Casey's Rule of Dibsies. Oh wait, no, it cites an unrelated order from a nonpublished, nonprecedential trial court case in another county.

Baby steps dude, baby steps, at least this time he's realised you're supposed to cite cases, and I'm sure as a fancy shmancy super lawyer he'll figure out any day now to cite cases that actually support his position, and not the exact opposite.

 

[That one other guy]

From my understanding they are not trying to say that Nick is an Agent. Rather that because Ty goes on Nick's stream they should be allowed to make everything public without any protection for Vic. He also claims that Ty has discussed Vic's legal strategy and defense on there which he often says he can't get into those particulars on his shows. Also citing that Ty has used Nick to disseminate information such as the text messages from Ron.

 

[AnOminous]

From my understanding they are not trying to say that Nick is an Agent. Rather that because Ty goes on Nick's stream they should be allowed to make everything public without any protection for Vic. He also claims that Ty has discussed Vic's legal strategy and defense on there which he often says he can't get into those particulars on his shows. Also citing that Ty has used Nick to disseminate information such as the text messages from Ron.

All that really means is that if there's a protective order, it should be on both sides, just as Ty offered. I don't see why he's whining about Nick doing anything at all if he thinks it's completely okay for him to do the same.

 

[Slimy Time]

I'm pretty sure Casey is shitting himself trying to keep them out of deposition because there is no way in hell they go into deposition without either getting caught flat out committing perjury, or having to admit they were lying in public.

Here is what happens in deposition. They will have had a team go through all their public statements and they will have them numbered and prepared in advance, ready to be submitted as evidence. They'll also have their list of questions put together.

Everyone does it differently, but any solid legal team is going to have that stack of evidence and that stack of questions, and the questions will have a matrix associating them with the relevant exhibits, and what kinds of answers they'll expect, so they will get them and whenever something comes up that surprises them by contradicting something they said in public, or not matching up with something they already have (but have not necessarily put out in public yet), they'll have an exhibit for it.

And then they'll ask them to reconsider their answer in light of it being a complete lie. This will happen all day long, and maybe for a series of days until it is done. By default you only get six hours, but you can move to extend that for cause or because they deliberately wasted your time with shenanigans, which is also very likely.

The only way they would ever come out smelling like roses from a deposition in Texas is if the re.tard who did Alex Jones' deposition was the one conducting theirs...so basically they are fucked.

Edit: Just looked at the pics of Nick's merch. Recommended videos on the side have an FFVI video on Kefka's origins/lore...Are all attorneys hidden video game nerds?

 

[Wake me up]

I don't see why he's whining about Nick doing anything at all if he thinks it's completely okay for him to do the same.

Probably setting it up so he can make it a main point, if when the case goes to trial, that Ty himself is a Bad Guy because he goes on the YouTubes and mingles with people calling his clients dumbasses and morons. How can the jury take him seriously?!

Honestly, I hope he does it because Ty is gonna push that argument so far up his ass that he'll have to preside in court standing up after that. Not only this opens up so he can reply "I do think you clients are absolute clowns" but also the comparison to what Nick does and what Moronica, Marchi and Soye have done to Vic. It's one thing to go online and say someone is a moron, it's another to say he's a rapist, get him fired and then proceed to tort him the fuck out of anywhere he makes money at.

And if I can destroy this argument so easily on a shitposting forum, I would love to see Casey set it up for Ty to demolish it to a court of law, in front of a jury and the defendants standing right there! That's the stuff dreams are made out of!