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

[wickedlilium]

Remember what happened to Gawker? The judge slapped an injunction on them telling them to take down the video and they did a bratty "you're not the boss of me" thing and kept it up. They later won a ruling that the injunction was unconstitutional (incidentally if you violate it while it is still in force you are still in contempt of court).

That judge made sure they were thoroughly ass raped.

Honestly, I think it was abject incompetence of their lawyers not to try to get the judge recused because she openly and vociferously hated everyone on their side and made no secret of it, while ruling against them on virtually everything. It's a complete mystery to me why they didn't even try. Maybe just pure arrogance, or they thought a jury would somehow side with their asshole behavior and snarky city boy shit.

If they recused to another judge, wouldn't the new judge have to update themselves on everything? If so I just can't see another judge being impartial when they ignored the judges original ruling about the video (ie take it down).

I doubt Casey is going to ignore the judges ruling in this case but I can see him deposing Ron first considering we know he's already committed TI so it wouldn't matter but after him I can honestly see him filing a TCPA to protect Marchi for a period of time (primarily to rake up cash from them).

Also wouldn't it have entered of record?

 

[ErbBetaPatch]

Well you also have to consider that his clients make the decisions. Whether he files a TCPA after Vic's deposition boils down to how unreasonable and stupid his clients are, and if he does this after he stated on the record that he was not going to do that, then the court isn't going to be happy about it.

 

[Your Average Soyboy]

Well you also have to consider that his clients make the decisions. Whether he files a TCPA after Vic's deposition boils down to how unreasonable and stupid his clients are, and if he does this after he stated on the record that he was not going to do that, then the court isn't going to be happy about it.

Casey still has the final call as to whether or not he makes a decision. Even though they're paying him, he's perfectly capable of telling his clients to pound sand if they tell him to file a TCPA immediately after Vic's deposition after he specifically told the judge that he wouldn't do so.

 

[AnOminous]

If they recused to another judge, wouldn't the new judge have to update themselves on everything? If so I just can't see another judge being impartial when they ignored the judges original ruling about the video (ie take it down).

It couldn't possibly have made it worse for them. They weren't getting anything but fucked with that judge and her open loathing of them really did create an appearance of bias. Not doing anything was just dumb.

Casey still has the final call as to whether or not he makes a decision.

He's on the hook for sanctions, too. If they say to do something and he says no, that would be illegal, he might have to dump them as clients.

 

[ErbBetaPatch]

Casey still has the final call as to whether or not he makes a decision. Even though they're paying him, he's perfectly capable of telling his clients to pound sand if they tell him to file a TCPA immediately after Vic's deposition after he specifically told the judge that he wouldn't do so.

And if they want him to do it and he refuses, they could get mad and fire him over their disagreement about how the case should be handled.

 

[repentance]

I doubt Casey is going to ignore the judges ruling in this case but I can see him deposing Ron first considering we know he's already committed TI so it wouldn't matter but after him I can honestly see him filing a TCPA to protect Marchi for a period of time (primarily to rake up cash from them).

Casey's TCPA would only stay discovery for his own clients, not for Marchi. If you meant Monica, then the judge could respond by ruling on the TCPA as soon as possible which would minimise the period for which discovery was stayed.

 

[Wake me up]

That judge made sure they were thoroughly ass raped.

Would love more info or a link so I can read more about it. I mean it's interesting enough on its own but... Gawker getting raped by The Law?! Count me in!

 

[HTTP Error 404]

Casey's TCPA would only stay discovery for his own clients, not for Marchi. If you meant Monica, then the judge could respond by ruling on the TCPA as soon as possible which would minimise the period for which discovery was stayed.

That answers a question had I perculating in the back of my mind -- what would be stopping one of the other defendants from filing a TCPA instead of MoRon's Casey? Marchi's lawyer filing it after Vic to protect MoRon, for example. Apparently Marchi's lawyer doing so would only affect Marchi's deposition, not ALL deposition?

 

[RodgerDodger]

Casey's TCPA would only stay discovery for his own clients, not for Marchi. If you meant Monica, then the judge could respond by ruling on the TCPA as soon as possible which would minimise the period for which discovery was stayed.

If Casey or his clients file the TCPA after promising the Judge that they wouldn't, the Judge could and likely would simply go "fine, the TCPS motion hearing is tomorrow" then release his orders regarding it the following day. Casey sure as shit wouldn't be able to complain if the Judge suddenly fast tracked him. He filed the motion, which means he is prepared to proceed immediately on it. And BHBH sure as shit wouldn't interfere with the opposition when they were fucking themselves. They likely already have answers to TCPA written and drafted and prepped. And everybody already knows MoRonica's TCPA motion to dismiss will fail. Casey sure as shit knows it. If it had a prayer of succeeding he would have dropped it BEFORE these discovery arguments came up. He noticed for deposition. There was no reason to do that if you had even an outside chance with TCPA. He knows it's doomed. Beard knows it's doomed, and the Judge likely already knows it's doomed. He's read the initial filings. The Judge just listens to Casey whine for a half hour, then writes up "we find the plaintiff's filings present sufficient cause of action to proceed". Done.

 

[wickedlilium]

If Casey or his clients file the TCPA after promising the Judge that they wouldn't, the Judge could and likely would simply go "fine, the TCPS motion hearing is tomorrow" then release his orders regarding it the following day. Casey sure as shit wouldn't be able to complain if the Judge suddenly fast tracked him. He filed the motion, which means he is prepared to proceed immediately on it. And BHBH sure as shit wouldn't interfere with the opposition when they were fucking themselves. They likely already have answers to TCPA written and drafted and prepped. And everybody already knows MoRonica's TCPA motion to dismiss will fail. Casey sure as shit knows it. If it had a prayer of succeeding he would have dropped it BEFORE these discovery arguments came up. He noticed for deposition. There was no reason to do that if you had even an outside chance with TCPA. He knows it's doomed. Beard knows it's doomed, and the Judge likely already knows it's doomed. He's read the initial filings. The Judge just listens to Casey whine for a half hour, then writes up "we find the plaintiff's filings present sufficient cause of action to proceed". Done.

To be fair, I doubt the judge even needed to see the initial filings, Casey's reasoning for blaming Ty as the sole reason why there was no agreement while the evidence show's Ty agreed under rule 11 on the condition of 2 things, confidentiality and delay TCPA (after defendants deposition).
The fact Casey never try'd to compromise (to me at least) show's incompetence and willingness of raking up of lawyer fee's.

Also I meant Monica but for some reason Marchi came to mind (previous statement). Still curious if Casey could put in a TCPA after Vic/Ron's deposition and be classified as abiding by judges rulings.
Or better yet can Casey put in a TCPA then recuse to make sure they get the full 90 days on the TCPA?

 

[AnOminous]

Also I meant Monica but for some reason Marchi came to mind (previous statement). Still curious if Casey could put in a TCPA after Vic/Ron's deposition and be classified as abiding by judges rulings.

Why couldn't he? That's exactly the point of the whole thing. Ty wasn't objecting to any of these things happening, just the order they happened in because of obvious gamesmanship by Super Lawyer.

 

[repentance]

Or better yet can Casey put in a TCPA then recuse to make sure they get the full 90 days on the TCPA?

90 days isn't an entitlement, it's a limit imposed on the court. Casey filing a TCPA and then ditching his clients would neither speed up nor delay the court's ruling on that filing. The court might give a new attorney a little time to get up to speed, but it's very early in the case, the answer is already in and the interrogatories and documents are due next week, the depositions have to be held before a TCPA can be filed. There's no urgent step which needs to happen once those things are taken care of, so there's not really anything to delay by such a course of action.

 

[Invesco Field at Mile Hi]

All this makes me wonder just how much info Casey has compared to BHBH. How truthful have the MoRons been with Casey?
Deposition is going to be interesting, especially if BHBH knows more about them than the Superlawyer.

 

[break these cuffs]

All this makes me wonder just how much info Casey has compared to BHBH. How truthful have the MoRons been with Casey?
Deposition is going to be interesting, especially if BHBH knows more about them than the Superlawyer.

I think it's safe to say that MoRonica either don't respect Casey or really appreciate the situation they're in, probably a combination of both. The big indicator is Soye and his tweets. He initially listens to his lawyer like a smart person would, but then quickly decides that either he knows better and keeps right on smiling until called out by the judge in open court. Why isn't Monica's story in their filings? Did they not tell Casey about it or any of the dozens of other women they could get affidavits from? Did he advise them not to include it since he would totally own Vic in deposition and defame him into dropping the suit before they, or anyone else, had to be deposed? Did Casey lie to Ron about the appearance and conduct of BHBH at the hearing as damage control? Was that Ron lying to Shane or is Shane making shit up? Lying about petty shit like that is a clear indication of someone's mindset.

It can be difficult to get a exact read on things with so many lying shitbirds in the mix. I's going to be interesting to hear Ty's read on Casey tonight, early stream 8 or 9pm Central, even if he doesn't talk much about the case itself. Is Casey some bigshot Dallas attorney who thought he was going to thump these country bumpkins and make his clients #MeToo heroes for exposing a rapist? He couldn't even be bother to learn the plaintiff's name and is going to argue he's a public figure? Granted get didn't undermine himself as badly as in his last motion with his abysmal citations, but still it wasn't a good look. Casey seems to be driving up his hours based on his filings. How truthful is he being with MoRonica?

 

[ErbBetaPatch]

Also I meant Monica but for some reason Marchi came to mind (previous statement). Still curious if Casey could put in a TCPA after Vic/Ron's deposition and be classified as abiding by judges rulings.
Or better yet can Casey put in a TCPA then recuse to make sure they get the full 90 days on the TCPA?

There was no judge ruling. Casey gave his word that he wouldn't file a TCPA before both sides are deposed. In some ways that's worse because it would mean Casey lied to the court.

Casey also can't just recuse himself. Lawyers can't fire their clients without very good cause. Clients can fire their attorneys whenever.

 

[Kosher Salt]

Casey also can't just recuse himself. Lawyers can't fire their clients without very good cause. Clients can fire their attorneys whenever.

Casey has good cause: conflict of interest. Representing both MoRons means that he can't represent either of them very effectively. They really should each have their own attorney. All he'd have to do is say that there is too much conflict of interest in representing them both and he could wash his hands of the whole fiasco.

 

[Wake me up]

All he'd have to do is say that there is too much conflict of interest in representing them both and he could wash his hands of the whole fiasco

Why'd he even take the case then to begin with? Wouldn't he be admitting to a huge level of incompetency if he didn't realize the MoRons didn't have spousal privileges when he first took the case?

I doubt "conflict of interest" would mean anything unless he immediately dropped the clients once he learned about that, and we're way waaaay past that time already.

 

[Beavis]

Why'd he even take the case then to begin with? Wouldn't he be admitting to a huge level of incompetency if he didn't realize the MoRons didn't have spousal privileges when he first took the case?

I doubt "conflict of interest" would mean anything unless he immediately dropped the clients once he learned about that, and we're way waaaay past that time already.

He saw some cows to milk.

 

[BigDuckEnergy]

Why'd he even take the case then to begin with? Wouldn't he be admitting to a huge level of incompetency if he didn't realize the MoRons didn't have spousal privileges when he first took the case?

I doubt "conflict of interest" would mean anything unless he immediately dropped the clients once he learned about that, and we're way waaaay past that time already.

Nick said on stream that they can sign a waiver for it to not be a conflict of interest or something to that effect.

 

[AnOminous]

Casey also can't just recuse himself. Lawyers can't fire their clients without very good cause. Clients can fire their attorneys whenever.

Asking him to do something that would be arguably illegal would be sufficient cause.