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

[Sheryl Nome]

Notaries must be physically present face to face with the affiant.

So if one of them was, in fact, physically in Japan, that would present a difficulty.

Slatosh was in San Antonio Texas, not Japan.

I don't think anyone is alleged to have been in Japan except Erica, and hers wasn't notarized by Ty.

 

[Legioneer]

There's an interesting letter from Ty to Lemoine. It doesn't fit on the screenshot, so I copied it into a spoiler.

Spoiler: Letter from Ty to Lemoine

From: Ty Beard
To: Sean Lemoine
Cc: Carey Christie; Jim Bullock; John Volney; Erick, Casey; sam@johnsonsparks.com; Ethan Minshull; Christian
Orozco
Subject: Re: Case: 141-307474-19, VICTOR MIGNOGNA VS. FUNIMATION PRODUCTIONS, LLC,ET AL
Date: Tuesday, September 03, 2019 12:47:55 AM
There has been no fraud. The affidavits were mistakenly submitted with defects in
form. This is my notice that we’re withdrawing them. I’ll serve notice tomorrow but this
email is sufficient notification.
No harm has been done to your clients, and the declarations in our second amended
petItion are identical to the defective affidavits, with one very minor exception. (Mr.
Mignogna’s original affidavit incorrectly stated that he was prescribed Losartin as a
result of the acts of defendants, so that statement has been omitted). Otherwise, the
declarations have the exact same statements as the affidavits.
And we are allowed to amend our petition before the hearing. Indeed, the case law
seems to almost demand it.
So there is no legitimate basis for you to file motions to strike them. Your remedy is to
object to the affidavits as being defective in form:
“Anderson’s objections to the County’s summary-judgment evidence
include...authentication, verification...not under oath, not an affidavit, statement
unsigned... These are all objections to form... See Tri-Steel Structures, Inc. v. Baptist
Found. of Tex., 166 S.W.3d 443, 448 (Tex. App.—Fort Worth 2005, pet. denied).”
Limestone County, Texas v. Lauri J. Anderson (10-07-00174-CV, ___ SW3d ___,
07‑02‑0. Tex. App.—Waco 2008, pet. denied).
Of course, there’s no need to do that since we’ve told you that we’re withdrawing
them.
And if you want to get into a sanctions fight, so be it. However, given your client’s
rampant discovery abuse (for instance, Rial testified several times that she gave
important information to her counsel that was not produced to us), the revealing of
sensitive information about Mr. Mignogna in your pleadings (in violation of TCRP
21c.), your numerous violations of TCPRC 13 and 10, etc., I don’t think you’re going
to get much traction with the court.
There are also rumors that Mr. Toye has been contacting witness and trying to induce
them to alter testimony and threatening them with retaliation if they don’t. While I have
not credited those rumors up to this point, I will of course look very closely into them if
we get into a sanctions war. Given his tendency to use text messages and direct
messages, it should be easy to substantiate these rumors if true.
And now that you have notice that we’re withdrawing the defective affidavits, we will
of course argue that filing motions to strike will violate Rules 13 and/or 10 if filed.
—Ty

 

[Imperial Agent]

The fraud should be relatively easy to disprove, and if Ty did commit Fraud I have no interest in defending it. So it seems like now we are just stuck waiting to see which side decided to be extra exceptional.

 

[TexOffender]

There's an interesting letter from Ty to Lemoine. It doesn't fit on the screenshot, so I copied it into a spoiler.

Spoiler: Letter from Ty to Lemoine

From: Ty Beard
To: Sean Lemoine
Cc: Carey Christie; Jim Bullock; John Volney; Erick, Casey; sam@johnsonsparks.com; Ethan Minshull; Christian
Orozco
Subject: Re: Case: 141-307474-19, VICTOR MIGNOGNA VS. FUNIMATION PRODUCTIONS, LLC,ET AL
Date: Tuesday, September 03, 2019 12:47:55 AM
There has been no fraud. The affidavits were mistakenly submitted with defects in
form. This is my notice that we’re withdrawing them. I’ll serve notice tomorrow but this
email is sufficient notification.
No harm has been done to your clients, and the declarations in our second amended
petItion are identical to the defective affidavits, with one very minor exception. (Mr.
Mignogna’s original affidavit incorrectly stated that he was prescribed Losartin as a
result of the acts of defendants, so that statement has been omitted). Otherwise, the
declarations have the exact same statements as the affidavits.
And we are allowed to amend our petition before the hearing. Indeed, the case law
seems to almost demand it.
So there is no legitimate basis for you to file motions to strike them. Your remedy is to
object to the affidavits as being defective in form:
“Anderson’s objections to the County’s summary-judgment evidence
include...authentication, verification...not under oath, not an affidavit, statement
unsigned... These are all objections to form... See Tri-Steel Structures, Inc. v. Baptist
Found. of Tex., 166 S.W.3d 443, 448 (Tex. App.—Fort Worth 2005, pet. denied).”
Limestone County, Texas v. Lauri J. Anderson (10-07-00174-CV, ___ SW3d ___,
07‑02‑0. Tex. App.—Waco 2008, pet. denied).
Of course, there’s no need to do that since we’ve told you that we’re withdrawing
them.
And if you want to get into a sanctions fight, so be it. However, given your client’s
rampant discovery abuse (for instance, Rial testified several times that she gave
important information to her counsel that was not produced to us), the revealing of
sensitive information about Mr. Mignogna in your pleadings (in violation of TCRP
21c.), your numerous violations of TCPRC 13 and 10, etc., I don’t think you’re going
to get much traction with the court.
There are also rumors that Mr. Toye has been contacting witness and trying to induce
them to alter testimony and threatening them with retaliation if they don’t. While I have
not credited those rumors up to this point, I will of course look very closely into them if
we get into a sanctions war. Given his tendency to use text messages and direct
messages, it should be easy to substantiate these rumors if true.
And now that you have notice that we’re withdrawing the defective affidavits, we will
of course argue that filing motions to strike will violate Rules 13 and/or 10 if filed.
—Ty

You just know Ty loves using the word "war,." Also with the way ty worded it, I think Mein Cough didn't know Ron was contacting people.

 

[Make Anime Illegal]

But "specifically Mr. Beard and Mr. Bullock?"

State Bar of Texas | Find A Lawyer | Jim E. Bullock

www.texasbar.com

EDIT:

Presumably, Ty had a week to collect affadavits.

And wasn't the japan one unsworn? No notary, just "under penalty of perjury" at the end?

I could be mixing them up.

Erica McCord's affidavit was unsworn because she was in Japan.

 

[Gianni Che]

I think this is the only doc not yet posted here.

 

[Hexadecimal]

There's an interesting letter from Ty to Lemoine. It doesn't fit on the screenshot, so I copied it into a spoiler.

Spoiler: Letter from Ty to Lemoine

From: Ty Beard
To: Sean Lemoine
Cc: Carey Christie; Jim Bullock; John Volney; Erick, Casey; sam@johnsonsparks.com; Ethan Minshull; Christian
Orozco
Subject: Re: Case: 141-307474-19, VICTOR MIGNOGNA VS. FUNIMATION PRODUCTIONS, LLC,ET AL
Date: Tuesday, September 03, 2019 12:47:55 AM
There has been no fraud. The affidavits were mistakenly submitted with defects in
form. This is my notice that we’re withdrawing them. I’ll serve notice tomorrow but this
email is sufficient notification.
No harm has been done to your clients, and the declarations in our second amended
petItion are identical to the defective affidavits, with one very minor exception. (Mr.
Mignogna’s original affidavit incorrectly stated that he was prescribed Losartin as a
result of the acts of defendants, so that statement has been omitted). Otherwise, the
declarations have the exact same statements as the affidavits.
And we are allowed to amend our petition before the hearing. Indeed, the case law
seems to almost demand it.
So there is no legitimate basis for you to file motions to strike them. Your remedy is to
object to the affidavits as being defective in form:
“Anderson’s objections to the County’s summary-judgment evidence
include...authentication, verification...not under oath, not an affidavit, statement
unsigned... These are all objections to form... See Tri-Steel Structures, Inc. v. Baptist
Found. of Tex., 166 S.W.3d 443, 448 (Tex. App.—Fort Worth 2005, pet. denied).”
Limestone County, Texas v. Lauri J. Anderson (10-07-00174-CV, ___ SW3d ___,
07‑02‑0. Tex. App.—Waco 2008, pet. denied).
Of course, there’s no need to do that since we’ve told you that we’re withdrawing
them.
And if you want to get into a sanctions fight, so be it. However, given your client’s
rampant discovery abuse (for instance, Rial testified several times that she gave
important information to her counsel that was not produced to us), the revealing of
sensitive information about Mr. Mignogna in your pleadings (in violation of TCRP
21c.), your numerous violations of TCPRC 13 and 10, etc., I don’t think you’re going
to get much traction with the court.
There are also rumors that Mr. Toye has been contacting witness and trying to induce
them to alter testimony and threatening them with retaliation if they don’t. While I have
not credited those rumors up to this point, I will of course look very closely into them if
we get into a sanctions war. Given his tendency to use text messages and direct
messages, it should be easy to substantiate these rumors if true.
And now that you have notice that we’re withdrawing the defective affidavits, we will
of course argue that filing motions to strike will violate Rules 13 and/or 10 if filed.
—Ty

Translation: fucking try me faggot.

Can't wait for Friday. I'm not expecting Chupp to throw sanctions at Lemon-boy out right. My understanding is that it's a pretty rare thing unless a lawyer royally fucks up. But, given how Chupp has been described as the 'parent dealing with fighting kids', it wouldn't be out of the question down the line IMO. IANAL

 

[AnOminous]

Slatosh was in San Antonio Texas, not Japan.

I don't think anyone is alleged to have been in Japan except Erica, and hers wasn't notarized by Ty.

Well, it's hardly implausible that someone in San Antonio could end up in Tyler on the same day.

 

[AStupidMonkey]

Translation: fucking try me faggot

Alternate dialect: MoRon's legal guardian needs a legal guardian.

 

[Harvey Danger]

Not seeing any sanctions.
1. Is there a better place to look?
2. How BAD is it for Skeeter if he's pulling these sanctions out of his ass in an actual court document?

IIRC a former partner at BHBH was sanctioned for something but was appealing it?

None for Jim either

It's signed by a judge, I don't think he's making up the sanctions. Just posted it in Ty's thread, here's the images for reference.

Spoiler: Sanctions against 5 lawyers including Beard/Bullock

 

[Autism Powers]

You just know Ty loves using the word "war,." Also with the way ty worded it, I think Mein Cough didn't know Ron was contacting people.

There's an interesting letter from Ty to Lemoine. It doesn't fit on the screenshot, so I copied it into a spoiler.

Spoiler: Letter from Ty to Lemoine

From: Ty Beard
To: Sean Lemoine
Cc: Carey Christie; Jim Bullock; John Volney; Erick, Casey; sam@johnsonsparks.com; Ethan Minshull; Christian
Orozco
Subject: Re: Case: 141-307474-19, VICTOR MIGNOGNA VS. FUNIMATION PRODUCTIONS, LLC,ET AL
Date: Tuesday, September 03, 2019 12:47:55 AM
There has been no fraud. The affidavits were mistakenly submitted with defects in
form. This is my notice that we’re withdrawing them. I’ll serve notice tomorrow but this
email is sufficient notification.
No harm has been done to your clients, and the declarations in our second amended
petItion are identical to the defective affidavits, with one very minor exception. (Mr.
Mignogna’s original affidavit incorrectly stated that he was prescribed Losartin as a
result of the acts of defendants, so that statement has been omitted). Otherwise, the
declarations have the exact same statements as the affidavits.
And we are allowed to amend our petition before the hearing. Indeed, the case law
seems to almost demand it.
So there is no legitimate basis for you to file motions to strike them. Your remedy is to
object to the affidavits as being defective in form:
“Anderson’s objections to the County’s summary-judgment evidence
include...authentication, verification...not under oath, not an affidavit, statement
unsigned... These are all objections to form... See Tri-Steel Structures, Inc. v. Baptist
Found. of Tex., 166 S.W.3d 443, 448 (Tex. App.—Fort Worth 2005, pet. denied).”
Limestone County, Texas v. Lauri J. Anderson (10-07-00174-CV, ___ SW3d ___,
07‑02‑0. Tex. App.—Waco 2008, pet. denied).
Of course, there’s no need to do that since we’ve told you that we’re withdrawing
them.
And if you want to get into a sanctions fight, so be it. However, given your client’s
rampant discovery abuse (for instance, Rial testified several times that she gave
important information to her counsel that was not produced to us), the revealing of
sensitive information about Mr. Mignogna in your pleadings (in violation of TCRP
21c.), your numerous violations of TCPRC 13 and 10, etc., I don’t think you’re going
to get much traction with the court.
There are also rumors that Mr. Toye has been contacting witness and trying to induce
them to alter testimony and threatening them with retaliation if they don’t. While I have
not credited those rumors up to this point, I will of course look very closely into them if
we get into a sanctions war. Given his tendency to use text messages and direct
messages, it should be easy to substantiate these rumors if true.
And now that you have notice that we’re withdrawing the defective affidavits, we will
of course argue that filing motions to strike will violate Rules 13 and/or 10 if filed.
—Ty

Uh oh, my heart can't take it anymore. I thought I had a break until sep. 6. At this rate I will need a whole truck of popcorn

 

[AnOminous]

It's signed by a judge, I don't think he's making up the sanctions. Just posted it in Ty's thread, here's the images for reference.

Spoiler: Sanctions against 5 lawyers including Beard/Bullock

Ty has discussed it. It's not good of course but it's a discovery sanction and it is nearly mandatory that any discovery dispute ends in sanctions for the losing party who, presumably, is at fault for a judge having to decide a discovery issue. It's intended to deter chickenshit squabbles like this, and BHBH apparently ended up on the wrong end of that one.

 

[Legioneer]

State Bar of Texas | Find A Lawyer | Percy Tyrone Beard

www.texasbar.com

Not seeing any sanctions.
1. Is there a better place to look?
2. How BAD is it for Skeeter if he's pulling these sanctions out of his ass in an actual court document?

I'm late. The question has already been answered. I do not know how to remove the post.

 

[Apocalypse]

There's an interesting letter from Ty to Lemoine. It doesn't fit on the screenshot, so I copied it into a spoiler.

Spoiler: Letter from Ty to Lemoine

From: Ty Beard
To: Sean Lemoine
Cc: Carey Christie; Jim Bullock; John Volney; Erick, Casey; sam@johnsonsparks.com; Ethan Minshull; Christian
Orozco
Subject: Re: Case: 141-307474-19, VICTOR MIGNOGNA VS. FUNIMATION PRODUCTIONS, LLC,ET AL
Date: Tuesday, September 03, 2019 12:47:55 AM
There has been no fraud. The affidavits were mistakenly submitted with defects in
form. This is my notice that we’re withdrawing them. I’ll serve notice tomorrow but this
email is sufficient notification.
No harm has been done to your clients, and the declarations in our second amended
petItion are identical to the defective affidavits, with one very minor exception. (Mr.
Mignogna’s original affidavit incorrectly stated that he was prescribed Losartin as a
result of the acts of defendants, so that statement has been omitted). Otherwise, the
declarations have the exact same statements as the affidavits.
And we are allowed to amend our petition before the hearing. Indeed, the case law
seems to almost demand it.
So there is no legitimate basis for you to file motions to strike them. Your remedy is to
object to the affidavits as being defective in form:
“Anderson’s objections to the County’s summary-judgment evidence
include...authentication, verification...not under oath, not an affidavit, statement
unsigned... These are all objections to form... See Tri-Steel Structures, Inc. v. Baptist
Found. of Tex., 166 S.W.3d 443, 448 (Tex. App.—Fort Worth 2005, pet. denied).”
Limestone County, Texas v. Lauri J. Anderson (10-07-00174-CV, ___ SW3d ___,
07‑02‑0. Tex. App.—Waco 2008, pet. denied).
Of course, there’s no need to do that since we’ve told you that we’re withdrawing
them.
And if you want to get into a sanctions fight, so be it. However, given your client’s
rampant discovery abuse (for instance, Rial testified several times that she gave
important information to her counsel that was not produced to us), the revealing of
sensitive information about Mr. Mignogna in your pleadings (in violation of TCRP
21c.), your numerous violations of TCPRC 13 and 10, etc., I don’t think you’re going
to get much traction with the court.
There are also rumors that Mr. Toye has been contacting witness and trying to induce
them to alter testimony and threatening them with retaliation if they don’t. While I have
not credited those rumors up to this point, I will of course look very closely into them if
we get into a sanctions war. Given his tendency to use text messages and direct
messages, it should be easy to substantiate these rumors if true.
And now that you have notice that we’re withdrawing the defective affidavits, we will
of course argue that filing motions to strike will violate Rules 13 and/or 10 if filed.
—Ty

Ron part is interesting if true.

 

[AStupidMonkey]

It's signed by a judge, I don't think he's making up the sanctions. Just posted it in Ty's thread, here's the images for reference.

Spoiler: Sanctions against 5 lawyers including Beard/Bullock

Ah. $14,000 in attorneys fees. Sounds like a drop in the bucket in BHBH's circles. Nothing punitive or exemplary.

Now I wonder what the scenario was. It's a very factual/dry read. I wonder if this was predicated on one of Ty's email agreements or something.

Though, I wouldn't rule out (and I'm sad to say it) some gamesmanship. Y'know. "Take the small beating up front, or take the large beating when you lose the case later." Pure speculation on my part.

EDIT:

I`m too late ) Don`t know how delete posts here.

I wouldn't recommend it even if you could.

Also he definitely was sanctioned at some point. So ya weren't wrong.

 

[pearlslam]

You just know Ty loves using the word "war,." Also with the way ty worded it, I think Mein Cough didn't know Ron was contacting people.

Let's get ready to rumble...

Sorry for that, but if Ron Toye is indeed being that stupid and intimidating witnesses to a civil trial, maybe it is worth looking into.

 

[AnOminous]

Let's get ready to rumble...

Sorry for that, but if Ron Toye is indeed being that stupid and intimidating witnesses to a civil trial, maybe it is worth looking into.

Well, he certainly has been slithering around like a little pussy sliding into people's DMs like Nick and our own @JosephTX. Apparently gay ops are afoot.

 

[WarJams]

Well, it's hardly implausible that someone in San Antonio could end up in Tyler on the same day.

Seriously, even driving to WalMart is a multi-hour endeavor in Texas. If you don't like driving long distances compounded by idiotic traffic, drunk driving illegal aliens, and eternal road construction, Texas just ain't the state for you.

I've driven Austin to Dallas and back again in the same day several times for very minor things, like hand-delivering things I didn't want damaged or lost in the mail. Driving just isn't a big deal in Texas.

 

[TexOffender]

Seriously, even driving to WalMart is a multi-hour endeavor in Texas. If you don't like driving long distances compounded by idiotic traffic, drunk driving illegal aliens, and eternal road construction, Texas just ain't the state for you.

I've driven Austin to Dallas and back again in the same day several times for very minor things, like hand-delivering things I didn't want damaged or lost in the mail. Driving just isn't a big deal in Texas.

A stop at Buc-ee's is always nice.

 

[Francis York Morgan]

Sorry for that, but if Ron Toye is indeed being that stupid and intimidating witnesses to a civil trial, maybe it is worth looking int

He has a history of intimidating people opposed to him (namely his ex-wife) and he's been messaging people on the Farms and Nick. The man can't handle not being in control so it wouldn't be surprising to me if he was messaging known affiants like Stan or Chris.

You know what would make a hypothetical five hour drive in Texas satisfying to me? If it was to give and sign a statement that would crucify the idiot who has been texting threats to me for months since I told him and his "personal fiancee" I wouldn't break a contract. Just something to ponder.