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

I understand...some of these words.

Does this mean they'd have to represent themselves? Assuming someone running out of money doesn't protect them, ha.
 
I understand...some of these words.

Does this mean they'd have to represent themselves? Assuming someone running out of money doesn't protect them, ha.
No. Not unless the lawyers are overly burdened by not being paid at the moment. They have a duty to represent them, and they can't fire their clients except for cause, or if MoRon agrees to split ways.
 
Stupid question but if the defendants are broke, where does Vic get his money from? I understand it's not about the money for him, but he is suing them for monetary compensation, correct? Do they have to declare bankruptcy or something?
 
No. Not unless the lawyers are overly burdened by not being paid at the moment. They have a duty to represent them, and they can't fire their clients except for cause, or if MoRon agrees to split ways.

Lack of payment is cause. And it’s not a criminal matter. And lack of payment can cause all sorts of problems in a civil matter.

I think we are jumping the gun on why they cancelled it. They may have simply decided it wasn’t worth spending thousands to contest something BHBH can easily amend or they were likely to lose. That Monica Funi e-mail May have also blown a hole in their conspiracy challenge. I think at this point their plan is just file the TCPA and pray they get paid. They may also not want to get in front of the Judge right now as he might decide to address any other non TCPA outstanding motions. Such as the motion to compel and the motion to quash. Which of course brings up the whole “what was the purpose of the whole motion to motion about a motion, motion involving Nick Rekieta and his non public address?”

The lack of depo prep is astounding. They are paying three law firms for everything. If they just went with one lawyer, they could have afforded depo prep for the cost of the other two lawyers. Which would have been a much better investment of resources. Or they could have just filed the TCPA weeks ago and been done with it. Without all the depo expense.

Fun question, is their TCPA filing deadline noon tomorrow, or was it extended to end of business with the extension?
 
Stupid question but if the defendants are broke, where does Vic get his money from? I understand it's not about the money for him, but he is suing them for monetary compensation, correct? Do they have to declare bankruptcy or something?
As far as I know, Texas can deduct from certain sources to get what's owed. I think it was talked about earlier in this thread or the megathread. Texas apparently has less things than other states that they can deduct from, though.
 
  • Like
Reactions: SushiOnFire
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.
BHBH recently filed something saying that all of MoRon's special exceptions were moot or forfeited or something, because they failed to file the appropriate motion within 60 days... could that be the reason that they canceled the hearing?

edit: asked and answered already, I guess...
846154


Still, it might be possible that they didn't think that whatever they had left had much likelihood of being ruled in their favor.
 
Stupid question but if the defendants are broke, where does Vic get his money from? I understand it's not about the money for him, but he is suing them for monetary compensation, correct? Do they have to declare bankruptcy or something?
Funimation. Who then can go after Ron and Monica for some of it. Or their future wages, non home assets, ect.
 
  • Agree
Reactions: The biggest iron
Lack of payment is cause. And it’s not a criminal matter. And lack of payment can cause all sorts of problems in a civil matter.

I think we are jumping the gun on why they cancelled it. They may have simply decided it wasn’t worth spending thousands to contest something BHBH can easily amend or they were likely to lose. That Monica Funi e-mail May have also blown a hole in their conspiracy challenge. I think at this point their plan is just file the TCPA and pray they get paid. They may also not want to get in front of the Judge right now as he might decide to address any other non TCPA outstanding motions. Such as the motion to compel and the motion to quash. Which of course brings up the whole “what was the purpose of the whole motion to motion about a motion, motion involving Nick Rekieta and his non public address?”

The lack of depo prep is astounding. They are paying three law firms for everything. If they just went with one lawyer, they could have afforded depo prep for the cost of the other two lawyers. Which would have been a much better investment of resources. Or they could have just filed the TCPA weeks ago and been done with it. Without all the depo expense.

Fun question, is their TCPA filing deadline noon tomorrow, or was it extended to end of business with the extension?
I think it's a bit of column A and a bit of column B.

I think Nick has it right where all 3 super lawyers saw that GFM at instantly saw dollar signs. I think they all had retainers for almost nothing, in the hopes of TCPA. Now that they are locked in with MoRon and can't easily back out, they are probably more pragmatic with money. They most likely thought that through Monica and Rons testimony that TCPA would wipe the floor with Vic. They Probably skimmed all the articles and testimony from a few women. I'm sure they all still think they have a chance on TCPA, but now they don't think it will be a sure bet like before.

I honestly think Nick's release of Monica's E-mail exchange was a blindside to them. Monica and Ron have proven over and over that they lie all the time. Why would it be unreasonable to believe they "embellished" or "omitted" some things like an E-mail showing the beginning of civil conspiracy. You add in the fact Monica's KEY WITNESS basically said, he saw nothing.

The expensive and time consuming litigation that would be Nick's deposition, would most likely have to be paid in large part by MoRon, instead of contingency. There always is some other reason that could very well be benign to why it was withdrawn. The timing of it happening after those E-mails dropping though is suspect.


Here is a screen cap of Monica's key witness to her sexual assault. The man that came to her aid after the predator Vic lasagna almost had his way with her. The man that could clearly see her distressed about the assault. The man that asked her if she okay after the "assault". All of this she testified under oath after changing the story a few times.

D_sfhSNXkAAshyL.jpg


 
Still, it might be possible that they didn't think that whatever they had left had much likelihood of being ruled in their favor.

It's standard to allow amendment in a TRCP 91 ruling. It's optional in a TCPA. I think they wanted to leave the original complaint as-is so it would have any flaws it had going into that. Not sure if BHBH can amend preemptively. (I think it is pretty likely they would be allowed to amend at the TCPA stage too but we'll see.)
 
Oh shit, I didn't even think about that. I guess monetary compensation could be entirely re-routed to Funimation in the end, couldn't it?
Yep assuming Funi is found guilty - "joint and severally liable for damages" pretty much whomever amongst the guilty parties is able to pay it first pays as much as they can of it if not all of it, then it's their prerogative to get the fair share out of the other parties later...unless I'm mistaken.
 
I honestly think Nick's release of Monica's E-mail exchange was a blindside to them. Monica and Ron have proven over and over that they lie all the time. Why would it be unreasonable to believe they "embellished" or "omitted" some things like an E-mail showing the beginning of civil conspiracy.
Entirely possible. Didn't Monica admit during her deposition that there was an email the twins sent her about Vic that she hadn't turned over to her lawyers? She played it off as a misunderstanding as to what she was supposed to turn over and everyone acted good natured about it, but I suspect that email's existence was news to her lawyers. Something they will have to defend as not being part of a civil conspiracy, and the first they learn of it's existence is during deposition when she tells the opposing council about it. They can't possibly be happy about that, and are probably wondering what else she withheld.
 
Yep assuming Funi is found guilty - "joint and severally liable for damages" pretty much whomever amongst the guilty parties is able to pay it first pays as much as they can of it if not all of it, then it's their prerogative to get the fair share out of the other parties later...unless I'm mistaken.

It's not found guilty in a civil case, just liable. And yes, a plaintiff can collect from any of the defendants who are jointly and severally liable, and it is up to the defendant who pays it all to collect from the others if they want the others to pay their fair share.
 
Back