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

Kosher Salt said:
How long ago was it, though? My impression was that it was a very long time ago, and neither Vic nor Monica have worked there in a long time. If many years as have passed, I doubt that they'd even have the documentation anymore. It's not likely they would keep their file on previous employees for longer than a certain period; once any relevant statute of limitations had expired, there would be very little reason for them to keep those records any longer.

If the former employee's file is no longer useful as evidence of anything in either criminal or civil court, but could potentially be used (even leaked to the public, possibly) in order to defame the former employee, what advantage would the employer have in keeping the file instead of destroying it? Sure, they might have a truth defense against anything that might come of the records getting out, but do they really want to potentially be dragged into court and have their internal HR affairs scrutinized if they could avoid any possibility of it happening by simply destroying that former employee's file?

I rather doubt that it could be verified, which is very convenient for Monica now.
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Monica claims Vic is banned from the premises of Sentai Filmworks so there is a reason to keep documentation from ADV around (pretty much the same company and all) if anything ever came up (Conveniently like right now)
 
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AnOminous said:
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:

View attachment 845309

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.
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Don't forget that during Monica's deposition she already stated her twitter was more business orientated instead of her own personal twitter. Not saying it's going to effect the conspiracy case by a lot but it eludes that the statements made on the twitter count is at least moderated to some extent from Funi.
 
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MCG_Raven said:
Monica claims Vic is banned from the premises of Sentai Filmworks so there is a reason to keep documentation from ADV around (pretty much the same company and all) if anything ever came up (Conveniently like right now)
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ADV and Sentai are basically the same company? That definitely changes the situation, then... Vic stated that he has continued to work for Sentai occasionally, so that would be reason for them to keep any files that they supposedly had on him.
 
AStupidMonkey said:
Funny enough, if they got the GFM taken down, it'd just lead to another GFM (or a different crowdfunder all together. Project2 looks pretty solid), and it'd get even more donos because of the obvious aggression.

IIRC, she said her and vic had both worked for ADV. For Monica's sake, anybody who would have known about that had better be six feet under already.

Come to think of it, were there any untimely deaths there? Maybe that's the reason she waited so long.
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You don't think AWL would flagrantly perjure herself for Monica... do you?
 
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jellycar said:
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
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Apparently his MO is hair pulling and forceful kissing. If these accusations came from several different women from several different companies who were not connected in any way, shape or form (and even moreso accusations of a similar nature emerged from his time as a police officer or teacher) it would be extremely damning because it would be Wienstein/Cosby all over again. But again, these accusations are coming from women who are all related to each other in some way, shape or form.
AStupidMonkey said:
IIRC, she said her and vic had both worked for ADV. For Monica's sake, anybody who would have known about that had better be six feet under already.
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Kosher Salt said:
She implied that one of the "investigations" was when Vic worked at ADV, and there's only one sure way that she could know, or at least assume, that Vic was investigated when he worked there. That would be if she knew of the accusations that ADV supposedly investigated... and didn't she say later in the deposition that she had made accusations against Vic while they both worked for ADV?
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It's difficult to say because she wasn't very specific about numbers but IIRC she implied there were several investigations which means either he's been investigated at least once but nearly every company he's ever worked for or the same companies have had to investigate him multiple times. Both are dubious claims and just don't hold up to basic scrutiny.
 
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Kosher Salt said:
ADV and Sentai are basically the same company? That definitely changes the situation, then... Vic stated that he has continued to work for Sentai occasionally, so that would be reason for them to keep any files that they supposedly had on him.
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yeah Sentai even still sells the ADV Library because they have all the same licenses https://shop.sentaifilmworks.com/collections/adv-films as well as the fact that most of the original staff from Sentai were ADV people. OFFICIALLY they aren't the same company but they are in all but name.
 
Make Anime Illegal said:
Special Exception hearing cancelled.
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Well, that's interesting. I thought they had a reasonably good argument there on the civil conspiracy issue, although possibly they realized they didn't any more. Or they just want to go straight to TCPA without giving plaintiff a chance to amend the complaint first. I'd like to see Nick's read on this.
 
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AnOminous said:
Well, that's interesting. I thought they had a reasonably good argument there on the civil conspiracy issue, although possibly they realized they didn't any more. Or they just want to go straight to TCPA without giving plaintiff a chance to amend the complaint first. I'd like to see Nick's read on this.
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I thought they had amended already, the drop I saw had special exceptions and amended. Did amended not get filed?
 
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