Thing is tho the stories don't seem cohesive imo. Vic doesn't have a specific mo
Was it a hug? Kiss? Rape? Hair playing? So many different things
His m.o. is not assaulting anyone.
Somewhat major development on the evidentiary front. It's related to the conspiracy count. Part of my worry about the case has been how the conspiracy claim is pled. Generally, to prove conspiracy, you need actual communications between the parties of some sort that concludes with "let's do this" with "this" being something with an unlawful purpose.
So far, nothing of the sort has been produced until this, from Nick's stream tonight:
Currently, the case is facing not just a TCPA on this issue but also what are called "special exceptions" under Rule 91 of the Texas Rules of Civil Procedure.
These object to how the case is pled. Currently, and under the proposed amended complaint currently under consideration, it doesn't list any specific communications or say how they lead to the alleged conspiracy.
This email, though, shows a couple of important things. First, it's a communication by Monica urging Funimation to issue a statement about the investigation and no longer engaging Vic. They subsequently did exactly this, and the statement was the defamatory tweet that is the sole basis for Funimation being accused of defamation directly under its own name.
This is not proof of any conspiracy, but it is evidence that could lead a jury to believe that there was an agreement by the parties to engage in the behavior being sued over. This makes that claim stronger.
The second point of note is that Monica is indicating she doesn't know what she CAN say and expressing frustration that Funi hasn't responded to some previous communication. Why would she want to know what she CAN say and why would she be asking Funi this, unless they in fact had some control over what she said? This strengthens the agency argument concerning things she subsequently did say, depending on Funi's response.
This isn't a "smoking gun" as such. It's susceptible to more than one reasonable interpretation. However, at least one of those reasonable interpretations tends to support a conspiracy claim.