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

[AnOminous]

10:30AM
141-307474-19 VICTOR MIGNOGNA TY BEARD (903)509-4900
JIM E BULLOCK (903)509-4900
VS 05/13/2019 DEFNS RIAL/TOYE'S ORIG ANS WITH
SPEC/EXCS
FUNIMATION PRODUCTIONS, LLC,
ET AL JOHN VOLNEY (214)981-3800
SAMUEL H JOHNSON (972)918-5274
CASEY S ERICK* (214)672-2138
J SEAN LEMOINE (214)692-6200

Not sure if all of this has been cancelled.

 

[Padoru]

So does anyone know if in any of Monica's other stories she says that she goes back to Vic's room after dinner? Because listening to her again, that makes no fucking sense to me. If you escaped someone assaulting you, why would you go back after dinner?

no that was new in the Deposition

 

[AnOminous]

no that was new in the Deposition

So was Rial "going along with it." The previous version of the story was that she resisted.

Changing the story that way makes no sense at all.

 

[Padoru]

So was Rial "going along with it." The previous version of the story was that she resisted.

Changing the story that way makes no sense at all.

well if we are mentioning every change: The time it took place changed too (from after to before dinner) and suddenly she hid herself in embarassment when Stan appeared.

 

[Dishwater]

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Do they actually think no one expects the TCPA to be filed?

 

[Cakeisjustok]

So was Rial "going along with it." The previous version of the story was that she resisted.

Changing the story that way makes no sense at all.

Also adding to it that she went back after dinner now. None of it makes sense. And it doesn't even sound like the same reality as Toye's version.

 

[kcbbq]

Do they actually think no one expects the TCPA to be filed?

They've been insisting for a month, loudly, that no one on Vic's side expect a TCPA. Before that there was a cacophony of voices insisting Vic would never file a lawsuit.

 

[AnOminous]

Do they actually think no one expects the TCPA to be filed?

Douchette doesn't think at all. He is a deeply stupid man incapable of paying attention.

They've been insisting for a month, loudly, that no one on Vic's side expect a TCPA. Before that there was a cacophony of voices insisting Vic would never file a lawsuit.

The sheer ignorance of these people would be maddening if you cared about them at all. Ty was saying he expected a TCPA before even filing the lawsuit.

 

[NotaLolyer]

My optimistic take:

After Nicks live numbers and realizing the overwhelming majority of chat was pro Vic, they know the court of public opinion is lost and it’s not just kiwifarms like their broke clients claimed.

Nick kinda confirms what I think in this reply to someone, since they’ve already seen the Depos first hand it made no sense to wait this long other than them being broke or public opinion.

Kinsey Holley on Twitter: "Maybe bc they don't think they'll need it,…

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TFW you’re so bad at law you don’t even realize just how bad that “freight train” is about to derail and burn everything with it.

 

[curious gentoo]

I hope it keeps her up at night. I hope she ends up on Zoloft, too. She really needs a taste of what she's done to Vic and planned to do to others in the hope she sees the light.

That's assuming the backstabbing reptile is capable of human emotions.

So was Rial "going along with it." The previous version of the story was that she resisted.

Changing the story that way makes no sense at all.

This is something I can't wrap my head around. How... hasn't Monica gotten her strongest accusation's story straight? Does she still think everything is fun and games. She does realize that her credibility is a stake here, right?

 

[Padoru]

This is something I can't wrap my head around. How... hasn't Monica gotten her strongest accusation's story straight? Does she still think everything is fun and games. She does realize that her credibility is a stake here, right?

It's quite simple: She until now tried to "perfect" this story thinking nobody would pay enough attention to notice the changes she makes. Turns out some autistic mofos are slightly more attentative than she thought.

 

[teriyakiburns]

It's quite simple: She until now tried to "perfect" this story thinking nobody would pay enough attention to notice the changes she makes. Turns out some autistic mofos are slightly more attentative than she thought.

Pathological liars can never get their stories straight. They are compelled to embellish and alter them at every telling; even if they rote repeat the same initial details, they always add new ones in order to create a deeper narrative.

 

[AnOminous]

Pathological liars can never get their stories straight. They are compelled to embellish and alter them at every telling; even if they rote repeat the same initial details, they always add new ones in order to create a deeper narrative.

This is a big change, though. She's gone from being physically overpowered after resisting, which would unambiguously be some kind of assault, to describing what sounds a lot more like a consensual encounter.

 

[NotaLolyer]

This is a big change, though. She's gone from being physically overpowered after resisting, which would unambiguously be some kind of assault, to describing what sounds a lot more like a consensual encounter.

Except in Vic’s depo we hear him read the part which doesn’t make sense, she circled back for another encounter, and then Monica later confirmed it.

 

[AnOminous]

Except in Vic’s depo we hear him read the part which doesn’t make sense, she circled back for another encounter, and then Monica later confirmed it.

It's pretty common in cases like this for someone to point out that victims react differently to an event or do things that don't make sense, or can't remember the exact details, but do you know who else tells stories that don't make a bit of sense? Liars, that's who.

 

[DDBCAE CBAADCBE]

They can't actually believe that Vic's deposition went bad, right? Did they see Ron and Monica's depositions?
They have to know.

 

[fat ugly sped]

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?

First of all, the defendants include Funimation, who can definitely afford to pay $5 million dollars in damages.

Second, Bankruptcy won't even help them. There's a specific exclusion for intentional and/or malicious torts from getting discharged in bankruptcy. Negligence? Yeah, if your neighbor's grandma slips on your sidewalk and breaks her hip, you can declare bankruptcy to get out of any additional liability. Take a baseball bat to granny? Yeah, the courts aren't going to allow you to sneak out of it through bankruptcy proceedings, and will allow them to challenge things.

On the other hand, Texas isn't the place you want to be if you're trying to get money out of broke defendants. The state makes it hard to get money out of most people, let alone broke people. Wage garnishment is out, can't force them to sell their primary residence, can't take anything from their retirement accounts, can't seize any annuities or life insurance policies they may have bought before the lawsuit, and in general all you can do is get an order to seize their bank or brokerage accounts (which, if they're broke, they've probably already withdrawn and possibly handed over to other creditors).

 

[AnOminous]

On the other hand, Texas isn't the place you want to be if you're trying to get money out of broke defendants. The state makes it hard to get money out of most people, let alone broke people. Wage garnishment is out, can't force them to sell their primary residence, can't take anything from their retirement accounts, can't seize any annuities or life insurance policies they may have bought before the lawsuit, and in general all you can do is get an order to seize their bank or brokerage accounts (which, if they're broke, they've probably already withdrawn and possibly handed over to other creditors).

If they're hiding assets, Texas has very powerful post-judgment discovery which essentially means you can depose them, their family, their employers, anyone they know, etc. for the rest of their lives, any time you find out about them having new money.

 

[Gehenna]

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.

I'm not sure if it is standard for most companies, but I know that the few I have worked for kept that stuff on file... effectively permanently. Got shoved into a warehouse when the employee left, but WAS kept. In the digital age, that'd be even easier since they could just offload it onto a cd and store it in a filing cabinet.

 

[JoyfulDarter]

They can't actually believe that Vic's deposition went bad, right? Did they see Ron and Monica's depositions?
They have to know.

You're dealing with people who believe that reality is subjective to people's ideas. No, they don't. They're clinging desperately to the groupthink because being subservient to "authority" (verified superlawyer twitter) is all they know.