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

[RodgerDodger]

Oh, I can think if a great reason for bhbh to settle with them - they give up their emails with marchi, funi, sabat, RT, etc.

I bet bhbh would take all those heads on a silver plate, rather than trying to squeeze money from those two stones.


EDIT: omg my first cougaring. I have finally arrived!

The defendants are already required to give up those e-mails. There is currently a motion to compel before the court regarding them. It just won’t be ruled on until after the tcpa’s.

 

[Far Queue]

Honestly what are chances Judge Chupp goes for Casey and Lemongrabs favor. Is he that gullible, has he his reasons to doubt Ty and Vic. Also don't know about the Law but what does Vic supposedly being a Public Figure prove? There's obvious proof getting out of the industry was planned inside job.

I don't see him going in their favor at all. Between Ron's deposition where he can't seem to recall anything at all, Monica's testimony that gets torn apart by a witness that she names, their collective discovery abuse, and a TCPA motion that's the biggest abortion since Sargon's suit, I can't see any reason why Chupp would consider this case meritless.

I expect MoRonia and Marchi to appeal and double down, again. Funimation might appeal, but they might cut their losses and bail.

First, I don't think they can afford to appeal and if they're not current on payments, I don't see why any of their lawyers would be inclined to file an appeal for them. That also makes the assumption that they have some grounds on which to appeal the decision.

The defendants are already required to give up those e-mails. There is currently a motion to compel before the court regarding them. It just won’t be ruled on until after the tcpa’s.

The TCPA hearing is on August 8th, but the judge still has 30 days after that to reach a decision. I don't know if there's any reason he couldn't hold the hearing for the motion to compel within that timespan, particularly if BHBH makes a big deal about it as they should have had all of those documents produced before the TCPA was filed and could make an argument that they are being denied evidence that they have a legal right to which could affect the outcome of the TCPA motion.

 

[RodgerDodger]

I don't see him going in their favor at all. Between Ron's deposition where he can't seem to recall anything at all, Monica's testimony that gets torn apart by a witness that she names, their collective discovery abuse, and a TCPA motion that's the biggest abortion since Sargon's suit, I can't see any reason why Chupp would consider this case meritless.



First, I don't think they can afford to appeal and if they're not current on payments, I don't see why any of their lawyers would be inclined to file an appeal for them. That also makes the assumption that they have some grounds on which to appeal the decision.



The TCPA hearing is on August 8th, but the judge still has 30 days after that to reach a decision. I don't know if there's any reason he couldn't hold the hearing for the motion to compel within that timespan, particularly if BHBH makes a big deal about it as they should have had all of those documents produced before the TCPA was filed and could make an argument that they are being denied evidence that they have a legal right to which could affect the outcome of the TCPA motion.

Because the TCPA stops all other movement until it is resolved. Now the Judge may rule on the TCPA on the 8th. I doubt it, but it’s possible. But even if he issues a ruling from the bench I don’t think things start up again until his written opinion is filed.

 

[wickedlilium]

Because the TCPA stops all other movement until it is resolved. Now the Judge may rule on the TCPA on the 8th. I doubt it, but it’s possible. But even if he issues a ruling from the bench I don’t think things start up again until his written opinion is filed.

Think it was stated the judge has up to 60 days to make a judgement based on the hearing so we probably wont see a judgement for at least a month, maybe slightly less.
After the TCPA I wonder if the MoRons and Jamie are going to still be exceptional snowflakes throughout the whole thing.

 

[RodgerDodger]

Think it was stated the judge has up to 60 days to make a judgement based on the hearing so we probably wont see a judgement for at least a month, maybe slightly less.
After the TCPA I wonder if the MoRons and Jamie are going to still be exceptional snowflakes throughout the whole thing.

He has up to 60 days to hold the hearing, and he has a hard deadline of 30 days to rule on it following the hearing. If the judge fails to rule within 30 days the motion fails. And would appear to be unappealable. I’m surprised that nobody has taken a closer look at that as it almost looks like it gives the Judge an effective pocket veto of TCPA motions that precludes an interlocutary appeal.

 

[Garm]

To add, Sabat supposedly has a lot of influence at Funimation, and seems to be the next on the list to be sued for his part in this. It would not be a surprise if he used his influence to push Funimation towards going all in on fighting Vic in the lawsuit, in hopes of saving himself.

Marzgurl tweeted something to the effect "Next we're going to ask Funimation why they protected Vic for 15 years."

I'm guessing if Funimation gets out via TCPA then Marzgurl has an article written saying "Funimation won it's TCPA motion, thus leaving women once again to be victims of Vic."

So Funimation, or Sabat if he is at the core of this, either has to settle with Vic or be under Marzgurl thumb.

Or Marzgurl winds up stuffed and sold to a curiousity shop.

Maybe too much of a conspiracy theory.

 

[HTTP Error 404]

Marzgurl tweeted something to the effect "Next we're going to ask Funimation why they protected Vic for 15 years."

I'm guessing if Funimation gets out via TCPA then Marzgurl has an article written saying "Funimation won it's TCPA motion, thus leaving women once again to be victims of Vic."

So Funimation, or Sabat if he is at the core of this, either has to settle with Vic or be under Marzgurl thumb.

Or Marzgurl winds up stuffed and sold to a curiousity shop.

Maybe too much of a conspiracy theory.

Oh yes, absolutely. If Funimation finds their way out of this, the long knives will come out for them. They were expecting Funimation to pay for their lawyers. Failing that, they expect Funimation to pay the settlements and judgements.

If Funimation gets out and leaves MoRonica and Marchi with a multi-million dollar loss, they'll suddenly "remember" all sorts of horrific crap about Funimation.

Either Funimation pays for all their idiots' legal crusade against common sense, or Funimation will be attacked by them. And even if they do, the second these types can't get any more money, attention, or career advancement out of Funimation, they'll turn on them anyway -- look at Sina Grace and Marvel.

 

[instythot]

To add, Sabat supposedly has a lot of influence at Funimation, and seems to be the next on the list to be sued for his part in this. It would not be a surprise if he used his influence to push Funimation towards going all in on fighting Vic in the lawsuit, in hopes of saving himself.


It depends. They don't have any money to bring to the table, no. However if they were to flip on Funimation and the others, admit to everything, and give all the evidence needed for nearly ironclad cases against them, I could see Vic and BHBH taking that. It's just not a likely outcome as it doesn't allow MoRonica to save face, and I doubt they'd agree to any settlement which didn't let them save face and pretend they'd done nothing wrong.

An outside but real possibility I can see is one of Ronnie or Monnie deciding to get their own lawyer and settle. That doesn't seem to be the healthiest relationship, you know. Maybe Nick is in Texas finding slightly less fat women than Monnie who are willing have sex and be reasonably nice to send Ronnie's way

Oh, I can think if a great reason for bhbh to settle with them - they give up their emails with marchi, funi, sabat, RT, etc.

I bet bhbh would take all those heads on a silver plate, rather than trying to squeeze money from those two stones.


EDIT: omg my first cougaring. I have finally arrived!

I really doubt this settlement would take place. In fact, if either of them offers this deal, Ty is most likely going straight to the judge re: chickenshit discovery games

Is the TCPA hearing going to cover all three motions?

 

[Facts Over Feels]

He has up to 60 days to hold the hearing, and he has a hard deadline of 30 days to rule on it following the hearing. If the judge fails to rule within 30 days the motion fails. And would appear to be unappealable. I’m surprised that nobody has taken a closer look at that as it almost looks like it gives the Judge an effective pocket veto of TCPA motions that precludes an interlocutary appeal.

Considering how much Chupp has demonstrated that he wants to keep this thing moving, there is definitely a non-zero chance that this happens.

 

[2lolis1cup]

Oh yes, absolutely. If Funimation finds their way out of this, the long knives will come out for them. They were expecting Funimation to pay for their lawyers. Failing that, they expect Funimation to pay the settlements and judgements.

If Funimation gets out and leaves MoRonica and Marchi with a multi-million dollar loss, they'll suddenly "remember" all sorts of horrific crap about Funimation.

Either Funimation pays for all their idiots' legal crusade against common sense, or Funimation will be attacked by them. And even if they do, the second these types can't get any more money, attention, or career advancement out of Funimation, they'll turn on them anyway -- look at Sina Grace and Marvel.

Can't turn on a company big papa SONY guts and sells to the highest bidder. Funimation execs have a no win scenario right now.

• They win TCPA and get lawyers fees. -Sony comes in and cleans house starting with HR and management
• 
  
• They win TCPA and don't get fees - Sony comes in and cleans house starting with HR and management and burns all potential lawsuit hazards out. ( Asterios Kokkinos)
• 
  
• They lose TCPA and win case - Sony comes in and leaves a skeleton of company personal left.
• 
  
• They lose the case -Sony comes in and buys back all contracts and dissolves company to give the IPs to non retards. (4kids)

 

[wickedlilium]

Can't turn on a company big papa SONY guts and sells to the highest bidder. Funimation execs have a no win scenario right now.

• They win TCPA and get lawyers fees. -Sony comes in and cleans house starting with HR and management
• 
  
• They win TCPA and don't get fees - Sony comes in and cleans house starting with HR and management and burns all potential lawsuit hazards out. ( Asterios Kokkinos)
• 
  
• They lose TCPA and win case - Sony comes in and leaves a skeleton of company personal left.
• 
  
• They lose the case -Sony comes in and buys back all contracts and dissolves company to give the IPs to non exceptional individuals. (4kids)

you forgot about another option
They lose the case and the IRS get's involved because contracts are catered towards being employees not independent contractors.

 

[instythot]

you forgot about another option
They lose the case and the IRS get's involved because contracts are catered towards being employees not independent contractors.

That part right there is why I'm a little surprised that funi would even gamble on a tcpa instead of straight up rolling over on the rest. I cannot help but imagine their lawyer pounding on the desk over and over about keeping that issue away from a courtroom at all costs

 

[Sheryl Nome]

August 8th is the day of reckoning

The worst part is i'm going to be on the road until the weekend, i'll have to catch up afterwards.

 

[Gehenna]

Can't turn on a company big papa SONY guts and sells to the highest bidder. Funimation execs have a no win scenario right now.

• They win TCPA and get lawyers fees. -Sony comes in and cleans house starting with HR and management
• 
  
• They win TCPA and don't get fees - Sony comes in and cleans house starting with HR and management and burns all potential lawsuit hazards out. ( Asterios Kokkinos)
• 
  
• They lose TCPA and win case - Sony comes in and leaves a skeleton of company personal left.
• 
  
• They lose the case -Sony comes in and buys back all contracts and dissolves company to give the IPs to non exceptional individuals. (4kids)

I'd not be surprised in the slightest to find out Sony is already deciding how much of the cancer to cut out. The fact Funimation was even brought into a lawsuit that isn't entirely frivolous is enough to get most corporate lawyers attention. The fact it is a highly publicized lawsuit makes things worse, as that is inherently damaging to a brand. Add in the sudden discussion about contracted vs employed personnel, the rumblings of improper firing, and the fact multiple people at Funimation are looking at their own individual lawsuits and you have one hell of a cocktail to make Sony have a lot of reason to throw away the scalpel and pull out a meat cleaver.

Added Addendum: I really doubt they'd axe funimation entirely. They'd much more likely hollow it out, hire on new staff, and make a big show of how they are "refocusing on consumers" and "Revamping their look". Most companies are not EA, destroying a subsidiary with high name recognition is generally an option of LAST not first resort. Rebranding is easy, building up a name and consumer base is not.

 

[wickedlilium]

That part right there is why I'm a little surprised that funi would even gamble on a tcpa instead of straight up rolling over on the rest. I cannot help but imagine their lawyer pounding on the desk over and over about keeping that issue away from a courtroom at all costs

Personally I think they never realized that during the Depo that Monica would state so many things that brings into question the employment status of Funimation.
It also show's just how much company's get away with because the employees are ignorant of the laws that are there to protect or help them. If someone phones anonymously and provided the IRS with a contract then Funi would've been fucked over years ago.
The real question is, would the IRS be interested in this case to check over the legality of their "contractors" and see if every things in order or to just ignore it for now.

 

[SushiOnFire]

I’m thinking they didn’t really start on it until after the depo’s. Then it was worked by three different attorney’s (interns) with no time to consolidate the mess. Lemoine’s comment about 8 months to a year shows he knows this is a bullshit Pleading, and hopes to force it into an interlocutary appeal. Probably in the hopes of grinding down Vic’s warchest as public interest wains.



Why would Vic and BHBH settle with MoRonica? What could they possibly bring to the table? Especially Ron? Settlement is a two way agreement. And there is at this point no incentive for Vic to agree to anything from them.

What about testifying against the other defendants, moving the blame onto Fonyanimation or providing more damning evidence of malice from the bukkake whale.

 

[fat ugly sped]

The real question is, would the IRS be interested in this case to check over the legality of their "contractors" and see if every things in order or to just ignore it for now.

All it takes is one current or former "contractor" disputing their classification with the IRS. IRS makes a ruling, which if it goes against the employer, involves paying back taxes for the contractor.

The IRS is very interested in employee misclassification.

 

[instythot]

Personally I think they never realized that during the Depo that Monica would state so many things that brings into question the employment status of Funimation.
It also show's just how much company's get away with because the employees are ignorant of the laws that are there to protect or help them. If someone phones anonymously and provided the IRS with a contract then Funi would've been fucked over years ago.
The real question is, would the IRS be interested in this case to check over the legality of their "contractors" and see if every things in order or to just ignore it for now.

The IRS is passive in this. They won't even care about it after it's decided they're employees, until someone forwards them evidence of a court deeming the contractors employees going back possibly 20 years.

Government workers aren't proactive

 

[2lolis1cup]

The real question is, would the IRS be interested in this case to check over the legality of their "contractors" and see if every things in order or to just ignore it for now.

I can only assume if they don't have a case open now they will soon. Official court transcripts, deposition and affidavits will likely be compiled and served on a silver platter to them.

 

[Sketcher]

New filings from Ty have either dropped or will be.

https://twitter.com/NickRekieta/status/1154182166634487809