- Joined
- Dec 28, 2014
Have MoRon filed a motion under TRCP 91 or 91A? Might be related to that. It's the Texas equivalent of a 12(b)(6) motion and I think the civil conspiracy claim might be susceptible to it.
Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.
- Thread starter 5t3n0g0ph3r
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Have MoRon filed a motion under TRCP 91 or 91A? Might be related to that. It's the Texas equivalent of a 12(b)(6) motion and I think the civil conspiracy claim might be susceptible to it.
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- Apr 19, 2019
Not that I'm aware of, and I'm up to date on KF mostly.
OTOH I am an evil bunny and IANAL and I'm a bit of a sperg at heart.
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- Dec 28, 2014
Never mind, there isn't a separate motion, they filed special exceptions with their answer.
Skeptical Idiot
kiwifarms.net
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- May 5, 2019
Frivolous objections! Yes! The Rule 11 objection isn't really an objection. Ty doesn't have to enter into a Rule 11 agreement if he doesn't choose. What Casey would normally have done (and I'm sure we all see the irony of this situation) is ask Ty to enter into a protective order.
But ummm, yeah. That dog won't hunt. I guess Casey wants Ty to agree to a Rule 11 agreement where stuff Casey want's protected is confidential and stuff Ty wants protected is public. Since no attorney would agree to that, Casey should have put his tail between his legs and filed a motion with the Court seeking a protective order.
But--and this is key--he needs to have made that motion before the time to respond to discovery passed. Now, IMO, if Ty moves to compel, the Court should order Ron and Monica to respond to the questions without objection. These are bullshit, total delaying tactics. Be interesting to see what the Court does. IMO, a good judge will spank Casey. Hope we have a good judge.
Yeah, this usually is just a motion seeking clarification of the complaint, more detail. It's a nothing-burger IMO.
- Joined
- Dec 28, 2014
That and make them pay BHBH's fees for having to file a motion over such absolute bullshit.
Another reasonable sanction would be that if they refuse to identify any of Vic's alleged victims, they are precluded from arguing the affirmative defense of truth against his defamation claim, automatically lose that claim as if they had failed to answer it at all, and go straight to damages.
Usually a court ramps up these things bit by bit, though, so that won't happen right out of the gate, but if these douchebags continue to basically flip off the court with their contumacity, it will eventually get to that point.
Jub-Jub
kiwifarms.net
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- Jul 8, 2018
Nick mentioned on his twitch livestream that people who want the May 31st transcripts would have to go to the courthouse and pay the fee and that he doesn't like to upload documents... so i don't think they are going to be uploaded soon.
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- Jul 10, 2017
Normally I would think a Judge would be hesitant to so punish a defendant over actions of their attorney. But the nonstop parade of social media idiocy from Ron and Monica put that sort of thing in a grey area. I mean Monica’s tweets today about “only wanting to protect the “victims”” runs directly counter to how she was represented in court not 2 weeks ago.
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- Dec 28, 2014
Sanctions can be against counsel, against a party, or both. If against both, they can sort it out between themselves.
BoxofMonkeys
kiwifarms.net
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- Mar 13, 2019
Interesting that doc was submitted by the non superlawyer.
Slab Bulkhead
kiwifarms.net
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- Apr 20, 2019
It'll be interesting if/when it comes to another court hearing. Where in Casey can explain why his client Ron Toye has not in fact ceased his tweeting about the case or about Vic even though he asserted the opposite on the deposition hearing. Then add in the "We want confidentiality, but only for our stuff." he's trying to pull.
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- Mar 10, 2019
Yes... Texas has special exceptions, which are a way for a party to inform/accuse the opposing party of a defect in their pleading. Basically, saying that you specially except to something means that you're unable to provide an answer to it unless the other party amends and clarifies it in their pleading; the other party then has the opportunity to try to remedy this with an amendment. Since MoRon's response included special exceptions, Nick said that Ty had explained that BHBH would probably be able to amend Vic's petition.
Special exceptions can be a tactic used by defendants in the hopes that the opposing party will amend their petition to supply more detail than they're legally required to include, however, the plaintiff still only has to meet notice pleading requirements and may opt to argue that they have already done so.
Weren't some of the case documents here on KF originally from Nick's Discord server, though? Were they still posted by people other than Nick himself? @KEK7go
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- Jan 6, 2019
Could that be an attempt to say "Well, I wasn't at that hearing in which dumb Casey said no, what a dummy, of course we want that!"
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- Sep 21, 2014
She was at that hearing, though.
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- Mar 30, 2019
All this stuff about special rules in Texas law really begs the question as to why these morons, of all places, decided to embark on this quest of defamation and TI while situated in TEXAS.
Slab Bulkhead
kiwifarms.net
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- Apr 20, 2019
None of the defendants were at the hearing though I believe, just the attorneys.
N1bbaN3rd
kiwifarms.net
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- May 16, 2019
Yeah, it was just the attorneys - Casey, Beard and Bullock.
Counsel for Funi and Marchi were in the gallery to observe the judge in action.
Far Queue
kiwifarms.net
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- Dec 26, 2018
What makes you think any of those shit heads had any knowledge of the laws surrounding all of the stupid shit they've been up to the last half year or so?
Even if they did have some minor inkling of what they were about to get into, you've got morons like Toye that won't quit tweeting even after his super lawyer tells him to the first time, and then tells him again after the judge brings it up during a hearing. Some idiots just have to stick their dick in the toaster apparently.
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- Aug 28, 2018
It'd be interesting if Casey was sanctioned twice: one for each filing on behalf of Ron and Monica.
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- Dec 28, 2014
Nick said there might have been some kind of deal worked out between the parties on this. I guess we'll see what we'll see.
Far Queue
kiwifarms.net
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- Dec 26, 2018
While I would have loved to see Casey dragged into court and have to explain to a judge why his clients are now asking for the very thing that less than a month ago they vehemently denied wanting to grant the plaintiff, I can see that for BHBH it's just not worth the time and it doesn't cost them anything either. If this is really just bluff and a stall for time, then granting the request things will progress more quickly and it denies the opposition what they really wanted.
MoRonica aren't going to magically have 100 names with this confidentiality order. They've still got absolutely no evidence either with or without a protective order. If they try to sandbag further after this they look even worse going into court after BHBH went out of their way to be nice when they really didn't have to be and BHBH doesn't even look remotely unreasonable to the judge. However, I do suspect that they want all of the information they can get going into the depositions if for no other reason than to press Ron and Monica on it and expose all of it for the flimsy charade it is.
I'm sure that there's some idiotic plan behind all of this in the mind of MoRonica, even if its unfathomable stupid and will work out about as well as all of their other plans. It might not be a bad idea to include some kind of language that would allow BHBH to release information related to the interrogatories should Ron go (or maybe I should say when Ron goes) on Twitter and spouts off lies about what they contain.