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

[Legioneer]

The fact that the defense has locked shields with Sabat during this whole ordeal is fucking hilarious.

You don’t get to be #metoo while being chummy with the local Weinstein.

It’s smart for Ty to bring Sabat up here; if he can demonstrate that Toye et al. have double standards with regards to rumors and personal conduct, it makes it easier to paint them as malicious. Plus it puts pressure on Sabat to cooperate or settle if he really has been throwing his weight around. It puts him on notice in a big way.

It’s a good filing, and the best part will be not just the actual analysis but having a laugh at the shitbrained hot takes from the twitter crew who are too exceptional to admit they’re wrong.

They just played out the defendants like a bunch of cats with a laser pointer.
A huge tribute must be paid to the BHBH. Nick Rekieta is very clever, but here you can see a huge amount of experience.

Compared to the strategy Nick proposed in the beginning, it's a whole new level.

1) They only appointed those who screamed loudest as defendants, and apparently TCPA is already in their pocket.

2) They played coy and allowed lawyers and supporters of the defendants to mock their firm and their incompetence, while quietly solving all their problems. And Vic's reputation suddenly began to recover rapidly.

3) Even at this stage, Vick's support group grew, became stronger, and a lot of people changed their minds.

4) 2-3 days before the deadline, there was a leak about Ron, and everyone thought it was the main weapon, and they were already rubbing their hands as they would masterfully defeat it.

5) One day before the deadline, the media leaked the porno-audio from Funimation and everyone thought it was a bomb.

6) Immediately after the deadline, they did reveal the cards. And it turned out that the previous one was just a warm-up. And that the defendants behaved exactly as the plaintiff needed. And the future defendants (Sabat and Shimel) did not do anything all this time, and now they are screwed.

7) This whole 3-day artillery information campaign is just a masterpiece. Even if it was partly by coincidence.

I think Lemoine already has a lot less desire to joke about the "master of strategies". Because this is a strategy played at the God level.

 

[NotaLolyer]

Hearsay is anything where you said you heard someone else say something, or otherwise are talking about an out of court statement of someone not available to testify at that time. For instance, a police officer is generally not allowed just to read from his own written report at the time, at least as evidence, although the usual excuse for consulting it while testifying it is to "refresh recollection."

What people say when they make a hearsay objection is that something is INADMISSIBLE hearsay.

Inadmissible hearsay is by the most common definition "an out-of-court statement offered to prove the truth of the matter asserted therein."

Often this is acronymized as OTOMA.

Offered for the
Truth
Of the
Matter
Asserted.

This is the test for presumptively inadmissible hearsay.

Is it a quoted statement of someone who is not in the court?
Is it offered to prove that the statement IN the quote, itself, true?

A statement can be inadmissible hearsay for one purpose and admissible for another.

For instance: "I heard Chris Sabat say that Ron Toye is a wife-beating pedophile but I keep him around for now because he's useful."

If you were offering that statement to prove that Ron Toye is a wife-beating pedophile, it would be inadmissible for that purpose.

If you were using it to prove that Chris Sabat SAID that, and by doing so defamed Ron Toye, it would be admissible for that purpose. If you heard him say that, the fact that he said that would be a matter within your personal knowledge.

Just because something is presumptively inadmissible hearsay doesn't mean it's inadmissible, though. There are 23 enumerated hearsay exceptions just in federal court, including a catch-all exception for almost anything the court feels like.

Now this one actually is hearsay, specifically hearsay-within-hearsay because it's offered for the truth of the matter asserted, i.e. that Chris Sabat, Ron Toye and Sean Schemmel actually said these things, a fact only known to Todd.

Then it would depend on exactly what’s in those emails which I haven’t gotten to yet but yeah I don’t think the court would strike what was said here, maaaaybe just for the purpose of the TCPA but I doubt Lemonfuhrer would win that even if he did mostly because he’s pissed off the court so much and the judge ultimately has the authority to keep it

All I can say so far is this filing demolishes the oppositions shit filing because it outlines the entire timeline including Lemonfuhrers misleading timeline of events And Funimations shit arguments about the tweet and public figure status.

 

[EriMin]

Unsworn declaration, actually. My guess is that they can't get the thing notarized when the affiant is half a landmass and an ocean away.

EDIT: well okay, she makes an oath at the end-- so what's with the title?

Unsworn just means I didn't appear in front of a notary. "Generally, affidavits are sworn before a notary, while declarations use 'penalty of perjury' language specified in applicable state and federal laws."

Getting something notarized in Japan would have been a nightmare. The Japanese don't use notary services the same way here. I would have had to hire a translator, find a notary who would do it (a lot of them refuse to notarize for foreigners), paid $170+ for the notarization of a document in a foreign language, and then had it shipped to America and parted it arrived on time.
Our second option was to try to get an appointment at the consulate (they only have about 10 a day), pay for lost wages (consulate is only open on my work days), pay for me to take a Shinkansen to the American Consulate General offices in Osaka ($120~ round trip), and pay the $50~ notary fee.
Instead we used the unsworn declaration which is just as binding and valid and costs none of the money.

 

[Contract Breach]

What do we have for sourcing on this document? it really does strike me as incomplete/ in progress, footnotes with unfilled exhibits, duplicated content, scrambled content, the missing Huber email. All I'm certain fairly insignificant and correctable, but not what I picture BHBH filing at the last minute, I would expect something much more polished.

 

[Steve Smyff]

I wonder if Ty did/said anything warning funi what was to come & giving them a chance to settle.

'cos this has the smell of a gunpowder-plus-skunk juice " take no prisoners " volley.

They just played out the defendants like a bunch of cats with a laser pointer.
A huge tribute must be paid to the BHBH. Nick Rekieta is very clever, but here you can see a huge amount of experience.

Compared to the strategy Nick proposed in the beginning, it's a whole new level.

1) They only appointed those who screamed loudest as defendants, and apparently TCPA is already in their pocket.

2) They played coy and allowed lawyers and supporters of the defendants to mock their firm and their incompetence, while quietly solving all their problems. And Vic's reputation suddenly began to recover rapidly.

3) Even at this stage, Vick's support group grew, became stronger, and a lot of people changed their minds.

4) 2-3 days before the deadline, there was a leak about Ron, and everyone thought it was the main weapon, and they were already rubbing their hands as they would masterfully defeat it.

5) One day before the deadline, the media leaked the porno-audio from Funimation and everyone thought it was a bomb.

6) Immediately after the deadline, they did reveal the cards. And it turned out that the previous one was just a warm-up. And that the defendants behaved exactly as the plaintiff needed. And the future defendants (Sabat and Shimel) did not do anything all this time, and now they are screwed.

7) This whole 3-day artillery information campaign is just a masterpiece. Even if it was partly by coincidence.

I think Lemoine already has a lot less desire to joke about the "master of strategies". Because this is a strategy played at the God level.

 

[Gehenna]

What do we have for sourcing on this document? it really does strike me as incomplete/ in progress, footnotes with unfilled exhibits, duplicated content, scrambled content, the missing Huber email. All I'm certain fairly insignificant and correctable, but not what I picture BHBH filing at the last minute, I would expect something much more polished.

The thing is ~1,200 pages, and they had to work in responses to the absolutely BS supplements, and one of the things they responded to was a behemoth of bullshit. Most likely, they were working on this down to the wire and polish takes backseat to pragmatic argumentation.

 

[HTTP Error 404]

They just played out the defendants like a bunch of cats with a laser pointer.
A huge tribute must be paid to the BHBH. Nick Rekieta is very clever, but here you can see a huge amount of experience.

Compared to the strategy Nick proposed in the beginning, it's a whole new level.

1) They only appointed those who screamed loudest as defendants, and apparently TCPA is already in their pocket.

2) They played coy and allowed lawyers and supporters of the defendants to mock their firm and their incompetence, while quietly solving all their problems. And Vic's reputation suddenly began to recover rapidly.

3) Even at this stage, Vick's support group grew, became stronger, and a lot of people changed their minds.

4) 2-3 days before the deadline, there was a leak about Ron, and everyone thought it was the main weapon, and they were already rubbing their hands as they would masterfully defeat it.

5) One day before the deadline, the media leaked the porno-audio from Funimation and everyone thought it was a bomb.

6) Immediately after the deadline, they did reveal the cards. And it turned out that the previous one was just a warm-up. And that the defendants behaved exactly as the plaintiff needed. And the future defendants (Sabat and Shimel) did not do anything all this time, and now they are screwed.

7) This whole 3-day artillery information campaign is just a masterpiece. Even if it was partly by coincidence.

I think Lemoine already has a lot less desire to joke about the "master of strategies". Because this is a strategy played at the God level.

Don't forget that somehow, completely by coincidence or accident I'm sure, the lawyer the defendants totally didn't hire to run PR for them on Twitter got suspended for 24 hours to 7 days for hate speech. Because he made a typo that looked like a kebab name, and Twitter's bots thought he was mocking the magic brown people. So suddenly, their side has pretty much no PR running even as all this shit is going down.

 

[pearlslam]

I wonder if Ty did/said anything warning funi what was to come & giving them a chance to settle.

'cos this has the smell of a gunpowder-plus-skunk juice " take no prisoners " volley.

If there was a tip-off, it was probably in the emails between the two attorneys, and those are not usually on the docket unless needed as additional evidence for a motion. But IANAL.

If I had to guess, it was probably some communications in that service agreement that Ty made with Funimation that was the tip-off.

I absolutely love the fact that Rial, Toye, and Marchi were not afforded the same luxury.

 

[Legioneer]

What do we have for sourcing on this document? it really does strike me as incomplete/ in progress, footnotes with unfilled exhibits, duplicated content, scrambled content, the missing Huber email. All I'm certain fairly insignificant and correctable, but not what I picture BHBH filing at the last minute, I would expect something much more polished.
View attachment 916524View attachment 916538View attachment 916539

The funny part is that mistakes and even half an hour's delay actually work in their favor.

All their actions show exceptional respect for the court, a great desire to strictly follow the letter of the law and not to try to play any dirty games. They also show that they are smart and good at thinking, looking at the essence and trying their best to take over the work of the court. And they want to avoid burdening the court without any measure, but at the same time not neglecting their client's interests.

But they're just people, so when they got 1000 pages of BS on them, they did what they could. They have other cases, families. But they really tried.

I think the judge can definitely relate and understand. I think, it would have looked less favorable if everything was shining with inhuman flawlessness.

Where it matters, they've spent a lot of energy and mental strength.

I wonder if Ty did/said anything warning funi what was to come & giving them a chance to settle.

'cos this has the smell of a gunpowder-plus-skunk juice " take no prisoners " volley.

Ty will always say that he' s a peacemaker. Because that' s the right thing to say.

But in fact, in my opinion, it is not an option for the defendants. No matter how hard they lose, they will still have at least some support group. But if they try to work out a deal, the conditions that will make Vic satisfied are death for them. Not because Vic will ask that much. Because no matter how little he asks, the confirmation that they're actually bastards, it is in the package. This happens automatically, along with the restoration of his reputation as a good person.

 

[AnOminous]

I have a feeling what we're looking at isn't the final version. Weren't they supposed to include some sort of checklist for the judge to use when deciding what sections of the defendants' fillings should be struck?

I noted the absence of that in this filing as well, and think it would have been helpful to include such an item. The closest I see is merely a list of the affidavits and contested statements in each. I'm not sure, looking at it, whether it would have been more useful reduced to a form including the full text of the affidavits.

However, I'm basing my idea of what the judge was asking for on what was said about it by Ty on Nick's stream, and he was actually there.

4) 2-3 days before the deadline, there was a leak about Ron, and everyone thought it was the main weapon, and they were already rubbing their hands as they would masterfully defeat it.

This was just serendipitous. @JosephTX went and got that entirely on his own initiative, not knowing what was in the file, and it just turned out to be what it was.

 

[Urbanmech]

The funny part is that mistakes and even half an hour's delay actually work in their favor.

All their actions show exceptional respect for the court, a great desire to strictly follow the letter of the law and not to try to play any dirty games. They also show that they are smart and good at thinking, looking at the essence and trying their best to take over the work of the court. And they want to avoid burdening the court without any measure, but at the same time not neglecting their client's interests.

But they're just people, so when they got 1000 pages of BS on them, they did what they could. They have other cases, families. But they really tried.

I think the judge can definitely relate and understand. I think, it would have looked less favorable if everything was shining with inhuman flawlessness.

Where it matters, they've spent a lot of energy and mental strength.

Doesn't help they were trying to upload an 1188 page document either.

 

[Legioneer]

This was just serendipitous. @JosephTX went and got that entirely on his own initiative, not knowing what was in the file, and it just turned out to be what it was.

There's a saying that a ship that doesn't know where it's going will never get a tail wind.
If they hadn't saved all the aces before the deadline. And if the audio hadn't been published just before the deadline. That fortunate coincidence simply could not occur.

Lemoine basically missed all the opportunities and played to his own detriment.

On one of the Nick`s streams, if I remember correctly, Ty said that his favorite strategy is to wait until the opponent makes a mistake. And that in his experience, they always do.

I'm not arguing. I'm just saying that in my opinion, this luck is deserved and honestly earned by hard work. So they have every right to claim it.

 

[The Wisdom of Bassets]

This was just serendipitous. @JosephTX went and got that entirely on his own initiative, not knowing what was in the file, and it just turned out to be what it was.

Could be filed as 'Circumstantial evidence for the existence of God." Which this case seems to be displaying a lot of.

 

[NotaLolyer]

They just played out the defendants like a bunch of cats with a laser pointer.
A huge tribute must be paid to the BHBH. Nick Rekieta is very clever, but here you can see a huge amount of experience.

Compared to the strategy Nick proposed in the beginning, it's a whole new level.

1) They only appointed those who screamed loudest as defendants, and apparently TCPA is already in their pocket.

2) They played coy and allowed lawyers and supporters of the defendants to mock their firm and their incompetence, while quietly solving all their problems. And Vic's reputation suddenly began to recover rapidly.

3) Even at this stage, Vick's support group grew, became stronger, and a lot of people changed their minds.

4) 2-3 days before the deadline, there was a leak about Ron, and everyone thought it was the main weapon, and they were already rubbing their hands as they would masterfully defeat it.

5) One day before the deadline, the media leaked the porno-audio from Funimation and everyone thought it was a bomb.

6) Immediately after the deadline, they did reveal the cards. And it turned out that the previous one was just a warm-up. And that the defendants behaved exactly as the plaintiff needed. And the future defendants (Sabat and Shimel) did not do anything all this time, and now they are screwed.

7) This whole 3-day artillery information campaign is just a masterpiece. Even if it was partly by coincidence.

I think Lemoine already has a lot less desire to joke about the "master of strategies". Because this is a strategy played at the God level.

Don't forget that somehow, completely by coincidence or accident I'm sure, the lawyer the defendants totally didn't hire to run PR for them on Twitter got suspended for 24 hours to 7 days for hate speech. Because he made a typo that looked like a kebab name, and Twitter's bots thought he was mocking the magic brown people. So suddenly, their side has pretty much no PR running even as all this shit is going down.

God has a sense of humor lmao he’s funny

 

[HTTP Error 404]

This was just serendipitous. @JosephTX went and got that entirely on his own initiative, not knowing what was in the file, and it just turned out to be what it was.

Well, that, or Ty edited the file in a hurry once that stuff was found out...

Or Ty had someone pull those docs months ago. Imaging knowing Ron Toye was, well, Ron Toye, but not being able to explain why you want to use the Texas Defense* on him.

* The Texas Defense: Some People Just Need Killin'.

 

[Legioneer]

God has a sense of humor lmao he’s funny

If the defendants hated Vic before, because he is a lucky bastard who doesn't deserve anything he gets but the others don't.
I imagine how they hate him now. When Vic got Nick Rekieta and Ty Beard, and they got T Greg Dushet and Lemoine.

 

[Kendrick]

Well, I've read it in it's entirety (Except for the depositions & toye's tweets) and I can say that this is so much better than anything lemoine ever wrote. No appeal to emotion, no clearly unsourced issue of law (Case laws, rules, procedures), and direct to the point. It doesn't argue strawmens, it doesn't launch red herrings every other words, it just talks about the facts one at a time.

I'm not a lawyer, and documents like this makes me want to become one.

 

[Imperial Agent]

I noted the absence of that in this filing as well, and think it would have been helpful to include such an item. The closest I see is merely a list of the affidavits and contested statements in each. I'm not sure, looking at it, whether it would have been more useful reduced to a form including the full text of the affidavits.

However, I'm basing my idea of what the judge was asking for on what was said about it by Ty on Nick's stream, and he was actually there.

Pretty sure the part where he outlines what he wants to strike, and why, broken down by each item he wants to strike, is the checklist.

 

[mindlessobserver]

If the defendants hated Vic before, because he is a lucky bastard who doesn't deserve anything he gets but the others don't.
I imagine how they hate him now. When Vic got Nick Rekieta and Ty Beard, and they got T Greg Dushet and Lemoine.

To be honest it is uncanny how this has reflected back on the Funimation crew. You could argue we are watching a divine smiting in real time.

 

[Imperial Agent]

To be honest it is uncanny how this has reflected back on the Funimation crew. You could argue we are watching a divine smiting in real time.

You know what they say about projection...

It looks like a pretty clear case of the actual degenerates just assuming everyone else was as depraved as they were.