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

[Slab Bulkhead]

@AnOminous Given the statement/rule you noted before "no less than three days prior to the hearing on the 31st" Couldn't that possibly be grounds to just have the motion thrown out entirely since it didn't meet with proper procedure?

 

[RodgerDodger]

Theres no reason not to file the TCPA before deposition. The Deposition(s) will hurt the TCPA because it will give the plaintiffs, who already have enough evidence in the petition to defend it on its face, more evidence to overcome their motion.

The reason Casey is so desperate to get Vic under deposition before he drops the TCPA is quite simply, he has nothing. He has no actual evidence that supports or defends his clients defamatory claims. They can’t produce the Hundreds of women. So he needs to go fishing. He’s hoping to trap Vic in some incriminating statement, in some way admitting that this is some frivolous matter.

 

[AnOminous]

The reason Casey is so desperate to get Vic under deposition before he drops the TCPA is quite simply, he has nothing. He has no actual evidence that supports or defends his clients defamatory claims. They can’t produce the Hundreds of women. So he needs to go fishing. He’s hoping to trap Vic in some incriminating statement, in some way admitting that this is some frivolous matter.

His clients want something, anything, that they can spew across social media to keep up their defamation campaign to pressure Vic into settling during the period where discovery will be stayed. At the same time, they know any deposition of themselves will be catastrophic to them.

If Funimation or, even better, Toei, is waiting to see what happens to figure out how liable they are and whether to cut these clowns loose, that's when they'll have all the information they need. So they have to stop that at all costs.

Because once the TCPA motion gets denied, there's no stopping this train. If they thought they'd win on it, they'd have filed it as soon as possible. It's meant to do exactly that, to dispose of frivolous cases nearly immediately, and declare them frivolous.

If you are facing a frivolous case in Texas, you do that, so that you not only get the case thrown out, not only get it declared frivolous, but the asshole who filed it against you has to pay every dime for all of it.

Then they could gloat about Vic's frivolous lawsuit being thrown out and how this horrible man has been punished for his evil deeds.

But they don't do that, do they? Because they don't have shit.

Because the lawsuit presents a clear prima facie case.

Because the lawsuit has merit and they know it.

 

[Spunt]

Their entire strategy hinges on getting Vic to open his mouth first and praying that he says something supervillain-esque that magically blows his entire case to pieces before they have to answer any awkward questions themselves. I think MoRon genuinely believe that this will happen. I think Casey doesn't, but as @RodgerDodger said, it's literally the only shot he has at winning this, however long it may be. Of course it may be that MoRon have convinced Casey that Vic really is a psychotic sex criminal and that he'll try to rape everyone in the room during deposition or something.

 

[Gehenna]

So, thought: If a lawyer was told by his client he HAD to add X, Y, and Z; would he be obligated to do so by his client? With the obvious caveat of "After he tries really hard to convince them this is stupid"?

 

[Francis York Morgan]

Of course it may be that MoRon have convinced Casey that Vic really is a psychotic sex criminal and that he'll try to rape everyone in the room during deposition or something.

But if Casey or his staff actually read that PULL thread they cited, then they would know that Vic possesses the power of astral projection and can rape his victims in their dreams. He has no reason to rape anyone in the room so good luck with that.

 

[RodgerDodger]

So, thought: If a lawyer was told by his client he HAD to add X, Y, and Z; would he be obligated to do so by his client? With the obvious caveat of "After he tries really hard to convince them this is stupid"?

No, the Lawyer has the option to walk away. To quit. The Lawyer cannot represent his client in ways that are against their wishes. But he mostly (with a few exceptions) has no obligation to stick with them if they are refusing to follow advise of council, or pursuing something that would be ethically or legally questionable.

 

[That one other guy]

How is this pic relevant in context of the new filing?

It isn't really as it deals solely with Funimation and giving them a timeline upon when they have to give a response based on an agreement between the two parties(BHBH and Funimation).

I believe Nick compared what Ty was doing to Gloria Alred or Avenetti. Granted that doesnt instill a high opinion of Ty but being public with thier lawsuits isnt illegal.

It was more names people would recognize. Sadly in high media cases its usually people who we don't like that release info to try and set the narrative more then anything else.

 

[The Demon Pimp of Razgriz]

Because once the TCPA motion gets denied, there's no stopping this train. If they thought they'd win on it, they'd have filed it as soon as possible. It's meant to do exactly that, to dispose of frivolous cases nearly immediately, and declare them frivolous.

Here's a question about something I'm not sure on: if the judge sees through the stall tactic and thinks the TCPA has no merit, is he at liberty to deny the motion point blank and move forward with discovery

 

[Kosher Salt]

My personal guess is the reason why Casey Erick's filings are always such hot garbage is because he -can't- research any of this stuff as he might like.

Think about it, Ron and Monica probably don't have the money to afford to have Casey go into any great depth into discovery or research, and are probably limiting how much work he can do any given week. But that's fine Don't worry, they know a guy that will do all the research for free . Their good friend Shane Holmberg would be more than glad to provide all the research and evidence and all they have to do is then give it to Casey to sort and present. It's a flawless idea .

If MoRon haven't paid Casey enough for him to have anyone - a paralegal even - review the evidence in their response and verify that it's accurate, maybe he shouldn't have signed a sworn affidavit certifying that he has personally read it and verifies that it's accurate.

I mean, that's just what it seems like to me. Or maybe the jurat is just a routine BS thing and Texas courts doesn't give a fuck if he blatantly and egregiously lies about it, despite the fact that it's supposedly made under penalty of perjury.

 

[AnOminous]

So, thought: If a lawyer was told by his client he HAD to add X, Y, and Z; would he be obligated to do so by his client? With the obvious caveat of "After he tries really hard to convince them this is stupid"?

No. If he's asked to add perjury to the case, he can't. If he's asked to axe murder someone, he can't.

Here's a question about something I'm not sure on: if the judge sees through the stall tactic and thinks the TCPA has no merit, is he at liberty to deny the motion point blank and move forward with discovery

There has to be a hearing and time to prepare for it, but there's no lower limit on it. The judge could schedule a hearing any time before the deadline for a hearing and issue a ruling immediately.

Such a ruling can also be appealed immediately. Tex. Civ. Prac. & Rem. Code § 51.014(a)(12). This immediately stays proceedings in the trial court. § 51.014(b).

So that's the "next level" delaying strategy when they file and lose.

 

[KE 521]

No. If he's asked to add perjury to the case, he can't. If he's asked to axe murder someone, he can't.



There has to be a hearing and time to prepare for it, but there's no lower limit on it. The judge could schedule a hearing any time before the deadline for a hearing and issue a ruling immediately.

This court seems to set hearings pretty quickly upon request too (based on the 5/31 date for the discovery hearing) lightning fast!

 

[RodgerDodger]

This court seems to set hearings pretty quickly upon request too (based on the 5/31 date for the discovery hearing) lightning fast!

Actually Ty could have scheduled this for 5/15. There was open space on the court calendar. But since Casey had claimed he was unavailable on that day for deposition, Ty scheduled it for a day Casey had confirmed as possible for deposition.

 

[Cakeisjustok]

Can't wait for the judge to rip into Casey, it is going to be amazing.

 

[RodgerDodger]

Can't wait for the judge to rip into Casey, it is going to be amazing.

It's the first hearing and the kiddies are squabbling. He's going to rip into EVERYBODY

 

[PomegranateKing]

Page 8, Article 10.

Vic's lawyers are going on Lawsplaining and EXPLAINING THEIR LEGAL STRATEGY!

Well Casey, get out a pen and paper, take it down. They just opened their playbook a crack and started showing it off. Maybe, as opposing counsel, you shouldn't be complaining about this. Instead, maybe take a couple notes? Just a thought.

Also, do you think the judge will start laughing when he sees the word "lawsplains"? Just a thought.

 

[RodgerDodger]

Page 8, Article 10.

Vic's lawyers are going on Lawsplaining and EXPLAINING THEIR LEGAL STRATEGY!

Well Casey, get out a pen and paper, take it down. They just opened their playbook a crack and started showing it off. Maybe, as opposing counsel, you shouldn't be complaining about this. Instead, maybe take a couple notes? Just a thought.

Also, do you think the judge will start laughing when he sees the word "lawsplains"? Just a thought.

I’m thinking the last thing you would want to do as a defending attorney, would be to send the Judge links to a video website, where another lawyer is forensically analyzing just how big of an incompetent fuckup you yourself are, as a lawyer, with regard to the very case you are trying. “Your Honor, I would like to schedule a private meeting with you whereby I can prove to you just how fucking incompetent I am. No wait here’s a better idea. Here’s a podcast explaining it all that you can listen to on the way home.”

Why Would You Fucking Do This?!?

 

[AnOminous]

Page 8, Article 10.

Vic's lawyers are going on Lawsplaining and EXPLAINING THEIR LEGAL STRATEGY!

Well Casey, get out a pen and paper, take it down. They just opened their playbook a crack and started showing it off. Maybe, as opposing counsel, you shouldn't be complaining about this. Instead, maybe take a couple notes? Just a thought.

Also, do you think the judge will start laughing when he sees the word "lawsplains"? Just a thought.

I like the passive-aggressive [sic] as if it's somehow a misspelling of something, which it isn't.

 

[repentance]

If the judge decides this is a dog and pony show, is he able to issue a gag order without either party requesting one?

 

[RodgerDodger]

Shane is claiming that Casey and MoRonica supposedly showed up and waited around today for Vic to come be deposed. Wow! Talk about idiotic and expensive passive aggressive Grandstanding.