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

[Wake me up]

So I've just finished catching up to Nick's last stream and I've got to say that, even if we haven't actually heard much about him, I'm fairly impressed by the judge in this case. He's either so big-brained that every single one of his decisions has several depths of ramifications that make sense for the case (from ignoring the actual content of Casey's motion to the location of depositions to not issuing an order on TCPA and more) or he's got such a strong sense for his job that he just knows exactly what to do, instinctively, every time.

Either way, I'm happy the judge is not only not a total disaster but apparently largely competent. It can only benefit Vic's case.

 

[Far Queue]

So I've just finished catching up to Nick's last stream and I've got to say that, even if we haven't actually heard much about him, I'm fairly impressed by the judge in this case. He's either so big-brained that every single one of his decisions has several depths of ramifications that make sense for the case (from ignoring the actual content of Casey's motion to the location of depositions to not issuing an order on TCPA and more) or he's got such a strong sense for his job that he just knows exactly what to do, instinctively, every time.

Either way, I'm happy the judge is not only not a total disaster but apparently largely competent. It can only benefit Vic's case.

My take (and I believe Nick also mentioned the possibility) is that it's still really early in this case and the judge wouldn't even normally start reviewing the details at this point. A lot of lawsuits get resolved before actually going to trial because the deposition or other parts of discovery phase result in one side realizing that they really ought to settle. Only once it gets beyond that point does a judge typically need to care about specific details. My guess is that the judge just wants to get things back on track with a minimal amount of work for himself. Why go through the trouble of issuing any kind of order if you can just get both parties to agree and keep the process moving along.

I think that the only end result of this is that Casey ran up the bill quite a lot, because as Nick pointed out, the end result of this (i.e., Vic gets deposed first, no confidentiality agreement required, no TCPA until after all parties deposed) was something that Ty offered to Casey initially. I don't want to know how many hours of time were wasted on everything between now and then to no actual effect.

 

[Mrtrollenski]

I think that the only end result of this is that Casey ran up the bill quite a lot, because as Nick pointed out, the end result of this (i.e., Vic gets deposed first, no confidentiality agreement required, no TCPA until after all parties deposed) was something that Ty offered to Casey initially. I don't want to know how many hours of time were wasted on everything between now and then to no actual effect.

The simplest explanation is the correct one in my opinion. Nick also made the implications of no confidentiality as clear as possible, there is going to be a lot of faux victims upset with getting outed by this case, the responsibility for such now clearly falls on the shoulders of Casey’s clients.

I think it’s 100% true Vic mainly wants to just have things go back to normal and work again, by allowing Ron and Monica to be the ones to push for everyone’s names to be out there he’s setting up the field. What do you, dear reader, think is going to happen when PULL and friends get outed by Ron and Monica.

I would hazard to guess it won’t be good for them.

 

[SuperSheep]

What's a TCPA?

 

[Desu Mountain]

What's a TCPA?

Texas Citizens Participation Act. An Anti-SLAPP statute.

 

[Nontransferable]

Nick suggested that Casey had a "Sophie's Choice" situation, where he could still file the TCPA motion
after deposing Vic, but then he'd have to go in front of the judge and explain why he said he wouldn't do that. What's to stop Marchi's lawyer from doing the same?

 

[PrinceofAllCucks]

Nick suggested that Casey had a "Sophie's Choice" situation, where he could still file the TCPA motion
after deposing Vic, but then he'd have to go in front of the judge and explain why he said he wouldn't do that. What's to stop Marchi's lawyer from doing the same?

Nothing. The agreement is between Ty and Casey, so Jamie's lawyer could absolutely do it without any real repercussions other than pissing off the judge for abusing the system.

 

[INVCTS]

Nick suggested that Casey had a "Sophie's Choice" situation, where he could still file the TCPA motion
after deposing Vic, but then he'd have to go in front of the judge and explain why he said he wouldn't do that. What's to stop Marchi's lawyer from doing the same?

I wonder if that's the plan, actually. It allows the Casey to technically tell the truth to the Judge and it explains why Marchi's answer came in so quickly.

 

[Wake me up]

I wonder if that's the plan, actually. It allows the Casey to technically tell the truth to the Judge and it explains why Marchi's answer came in so quickly.

Ultimately though, the TCPA is not going to make this lawsuit go away. As I've said before, if they pull a fast one on the Judge, it will be clear they are abusing the system, coordinately, not only giving ample evidence that they are capable of civil conspiracy (the thing they are being sued for right now!!!!) but they are going to be left with one grumpy Mister Judge once the TCPA comes back negative. At this point we can only wish that they do try it, because the rest of the trial is going to be that much more fun if they start trying to outsmart the judge this early on

It wouldn't be the first, or even the hundredth time the defendants act stupid while thinking they're big-brained masterminds. We can only hope...

 

[Slab Bulkhead]

If Marchi files a TCPA, it only stops Marchi's Lawyer from Deposing Vic and Ty from deposing Marchi. It does nothing to put a stay on discovery between Ty and MoRonica as far as I'm aware, though @AnOminous would be better to ask.

 

[break these cuffs]

Ultimately though, the TCPA is not going to make this lawsuit go away. As I've said before, if they pull a fast one on the Judge, it will be clear they are abusing the system, coordinately, not only giving ample evidence that they are capable of civil conspiracy (the thing they are being sued for right now!!!!) but they are going to be left with one grumpy Mister Judge once the TCPA comes back negative. At this point we can only wish that they do try it, because the rest of the trial is going to be that much more fun if they start trying to outsmart the judge this early on

It wouldn't be the first, or even the hundredth time the defendants act stupid while thinking they're big-brained masterminds. We can only hope...

I genuinely hope they antagonize the Honorable John P. Chupp as much as possible.

 

[OldAmishRenegade]

I wonder if that's the plan, actually. It allows the Casey to technically tell the truth to the Judge and it explains why Marchi's answer came in so quickly.

That would be hilariously stupid, fingers crossed they do it. What a way to convince the judge you aren't conspiring to defame a man than by working together to use his deposition to further damage his reputation online.

 

[AnOminous]

If Marchi files a TCPA, it only stops Marchi's Lawyer from Deposing Vic and Ty from deposing Marchi. It does nothing to put a stay on discovery between Ty and MoRonica as far as I'm aware, though @AnOminous would be better to ask.

True, and they might in fact try just that. The judge, whether he likes it or not, though, is aware of the situation, and in charge of discovery, and in the event of shenanigans, is likely to take a dim view of them.

As much as they're gunning for this bullshit, though, it's not like it actually even helps them that much. It's really an insane, dumb, and obsessive thing of MoRonica to go for this and ultimately does nothing for their chances of winning the case. It just shows how utterly insane they are about just viciously trying to destroy Vic in any way possible, no matter whether they completely obliterate their own lives in the process.

At this point, I almost think that if they still somehow manage to pull off some situation where they get Vic's deposition and then, before a gag order or some other bullshit that would likely be the response to further shenanigans, leak it and engage in further defamation, they'll just conclusively establish the basis for punitive damages later on.

And the judge will also know they made a deal to his face and flat out fucking lied. Judges have ways of making sure you pay for that and pay big and hard.

I genuinely hope they antagonize the Honorable John P. Chupp as much as possible.

Casey has already treated Ty like he's some dumb country bumpkin and if he wants to try the judge and see how he likes being treated that way, he can. I'm sure it was just an oversight by the judge to leave it open for him to do that by doing a naive thing like taking him at his worthless word.

 

[Gehenna]

Casey has already treated Ty like he's some dumb country bumpkin and if he wants to try the judge and see how he likes being treated that way, he can. I'm sure it was just an oversight by the judge to leave it open for him to do that by doing a naive thing like taking him at his worthless word.

I have too much respect for judges as a general class to think this was naivety. More likely, it was giving him all the rope he needs to hang himself. His actions seem to be a pretty solid "Knock it off" to both parties in this. I assume for most early heated lawyer exchanges, this would be enough to get any lawyer to man up and get on with it. If a lawyer then continues, the judge has all the ammo he needs to make a lawyer's life very unpleasant.

 

[MelloYello]

At this point, I almost think that if they still somehow manage to pull off some situation where they get Vic's deposition and then, before a gag order or some other bullshit that would likely be the response to further shenanigans, leak it and engage in further defamation, they'll just conclusively establish the basis for punitive damages later on.

And the judge will also know they made a deal to his face and flat out fucking lied. Judges have ways of making sure you pay for that and pay big and hard.

Yeah, I was wondering about that.
If that was indeed their "big-brained plan", and it sure seems like it, given the efforts to depose Vic first, what are the odds that MoRon will stick to the plan,
or try any reason for a stay of deposition?
Given that they're not too keen on following Erick's advice, I can see that happen.

What kind of repercussions could they bring upon themselves by trying to "alter the deal"?

 

[AnOminous]

What kind of repercussions could they bring upon themselves by trying to "alter the deal"?

Imagine you were a Texas judge and had cause to want someone to feel repercussions, and the law as written called for it anyway.

That kind.

 

[DragoonSierra]

Thing is, with Ronica, the initial claim was public defamation, civil conspiracy and TI. With Funi, it was (I suppose I infer) defamation and civil conspiracy. Marchi seems to have had little public face in this, so her inclusion is probably for defamation that took place in other contexts, TI, or something along those lines. We've not seen what evidence BHBH is presenting yet, apart from the publicly announced stuff. My gut says Marchi was involved more behind the scenes and that's where they're going to attack her.

Theres no reason that Marchi wouldnt be in the lawsuit if they didnt have something good on her. I suspect she and her lawyer are gonna be surprised at what they have during the depositions.

I had a friend in law school who was the son of a state supreme court justice. Still a great guy for all that and a bit estranged from his dad. Not in a drama way, but just kind of wanting to make it on his own and be out from under the shadow of his dad.

About three or four years out, he was doing small-scale criminal defense work. Stuff like drunk driving cases and low level pot possession. Nothing special. Imagine somebody like Nick Rekeita and you have something like his attitude toward life.

But because of his kind of unique last name, a whole bunch of his dad's cronies and people wanting to curry favor with the old man nominated him for "Super Lawyer". My friend thought it was the funniest damn thing ever and he took the publication that sponsored it at the time (Law & Politics) up on their offer to spend something like $200 to buy a little write up in their rag.

It started, "Prosecutors crap their pants when they hear "X" is on the case . . . " and went downhill from there.

He died far too young from a heart attack.

Every time I see somebody boasting about being a Super Lawyer, I remember my friend saying, "It's all fucking bullshit anyway, so I decided to have fun with the fuckers."

You happen to have a copy of that article? That sounds funny as shit

He is a "rising" superlawyer though. Turns out that means he is the kind of lawyer that does not go full exceptional individual.

So only partially retarded. An autist if you will.

The simplest explanation is the correct one in my opinion. Nick also made the implications of no confidentiality as clear as possible, there is going to be a lot of faux victims upset with getting outed by this case, the responsibility for such now clearly falls on the shoulders of Casey’s clients.

I think it’s 100% true Vic mainly wants to just have things go back to normal and work again, by allowing Ron and Monica to be the ones to push for everyone’s names to be out there he’s setting up the field. What do you, dear reader, think is going to happen when PULL and friends get outed by Ron and Monica.

I would hazard to guess it won’t be good for them.

@AnOminous @RodgerDodger Whats the likelyhood of Casey not wanting confidentiality so he can expose who was giving Ty info to use against them? What if thier strategy is to go scorched earth to ruin everyone involved in this case?

They could easily go after anyone involved whether it be the con owners or employees at Funimation and smear them as enablers and defenders of a sexual predator. That would also have an added effect of increasing Funimations liability. Nick said he has sources in Funimation. So may Ty.

 

[TheClappening]

@AnOminous @RodgerDodger Whats the likelyhood of Casey not wanting confidentiality so he can expose who was giving Ty info to use against them? What if thier strategy is to go scorched earth to ruin everyone involved in this case?

They could easily go after anyone involved whether it be the con owners or employees at Funimation and smear them as enablers and defenders of a sexual predator. That would also have an added effect of increasing Funimations liability. Nick said he has sources in Funimation. So may Ty.

That seems like an utterly stupid strategy. If they're resorting to blackmail, it probably means they don't have any case and are likely to lose.

So what happens at the end? When they lose, even after burning everyone? They're out of money, they're out of a reputation since they're liars and alarmists, and now they lose job prospects because they can't even be trusted. The people they try to burn are going to get reputation boosts since they helped an innocent man fight for his reputation and livelihood.

As for the second part... if they lose, how can they smear them as enablers if the shit they're claiming they enabled was revealed to be lies?

 

[AnOminous]

@AnOminous @RodgerDodger Whats the likelyhood of Casey not wanting confidentiality so he can expose who was giving Ty info to use against them? What if thier strategy is to go scorched earth to ruin everyone involved in this case?

Who cares? They don't have shit. I'm sure if things continue like they are now, both sides are going scorched earth but Ty is in a much better strategic position for that, so they can pretty much bring it. It may suck for anyone caught in the middle though.

 

[some_crazy]

Who cares? They don't have shit. I'm sure if things continue like they are now, both sides are going scorched earth but Ty is in a much better strategic position for that, so they can pretty much bring it. It may suck for anyone caught in the middle though.

So what if following the revealing of some information from discovery funimation or some other related party severs its contracts with or otherwise stops working with people who have given Ty info would there be any recourse?