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

[teriyakiburns]

Notary books are public information. Anyone can get a copy if they pay a fee. From Texas's FAQ on notaries:

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Another random observation: remember how we've been saying Marchi's lawyer Sam Johnson is being quiet and generally competent? Turns out he was the one that noticed the issue and wanted to see Ty's book.

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Johnson didn't explicitly offer to pay fees, but if he does upon Ty's request, then Ty is required to respond with those pages or else he gets a complaint filed against him to the Texas Secretary of State's Office.

Considering that letter is dated Aug 31, it means Johnson saw the potential issue immediately, without waiting for us to notice it on the Farms on Saturday night/Sunday morning. My guess is when Ty didn't clarify the issue with a quick scan and response, Johnson let Lemoine know and signed on to the resultant filing. He probably let Lemoine do the drafting to save on his own work and billable hours, too.

I'm legit interested to see this guy in court.

He made the demand on a saturday and they're pitching a fit about it the moment the sun comes up on the working week...

For all Johnson's general sanity, he's stooping to the same tactics as the rest of the super lolyers in this instance, by trying to end-run around the laws and regs governing these things. He "demanded", but he hasn't stumped up the money for the demand, so actually he's requested Ty's book. Ty has no obligation to provide it in any sort of timely manner. Even if the fees were offered, there's no time restriction on when the book should be provided (the rule in question doesn't even mention "reasonable" or "timely" or provide any sort of time limit. There's certainly nothing in the rule that requires Ty respond immediately on the saturday of a holiday weekend, nor any requirement that he respond by the start of the first business day following the request, as they seem to want to believe and represent.

 

[Immaculate Ape]

Just at a quick glance of things, it looks as though the defense are all hooking their wagon's to Lemoine because he's the only TCPA "expert" and they're just believing his lead.

On BHBH's side of things, it looks like they are relying on their read of Judge Chupp, which got them a bit of a scolding previously, but time will tell if Lemoine's antics piss him off, because all of this smoke and mirrors tactics smack of a group that are desperate for any technicality because they are deathly afraid of this hitting trial.

 

[N1bbaN3rd]

Lemoine just seems like he's trying to be a dick

It's one of the few things he can do with very little effort.
Unlike breathing.

 

[AStupidMonkey]

I also like how they took "Late night at BHBH" (with an obvious still from Dr. Strangelove) as some sort of evidence that Ty MUST BE IN THE OFFICE BUILDING!

Or the fact that Slatosh was running a con as evidence that HE MUST HAVE STAYED UNTIL MIDNIGHT!

When, really, one could easily meet the other, or they could meet in the middle.

Also, the time constraints, again, completely explain why Ty, himself, was the best choice to notarize.

EDIT: also, can't help but notice that the @yusamaddd twitter account they reference doesn't seem to exist. Typo?

 

[AnOminous]

Just at a quick glance of things, it looks as though the defense are all hooking their wagon's to Lemoine because he's the only TCPA "expert" and they're just believing his lead.

On BHBH's side of things, it looks like they are relying on their read of Judge Chupp, which got them a bit of a scolding previously, but time will tell if Lemoine's antics piss him off, because all of this smoke and mirrors tactics smack of a group that are desperate for any technicality because they are deathly afraid of this hitting trial.

Well, if Ty, as claimed, notarized affidavits for people not present, that would be more than a technicality. That would be fairly serious misconduct, to say the least. The "evidence" cited for the claim strikes me as downright bizarre and unintelligible, though. I'm completely at a loss how a picture of Eric Vale at some convention is supposed to prove that Chris Slatosch was in San Antonio and did not actually sign an affidavit in Tyler.

 

[Sheryl Nome]

Well, if Ty, as claimed, notarized affidavits for people not present, that would be more than a technicality. That would be fairly serious misconduct, to say the least. The "evidence" cited for the claim strikes me as downright bizarre and unintelligible, though. I'm completely at a loss how a picture of Eric Vale at some convention is supposed to prove that Chris Slatosch was in San Antonio and did not actually sign an affidavit in Tyler.

He says Kamehacon has a booth at the con.

Regardless, none of that would stop Slatosch from going to Tyler.

Hell, nothing would stop Slatosch from allowing someone else access to the instagram account while he goes to sign an affadavit.

 

[AStupidMonkey]

Is this maybe an example of the "why are you hitting yourself?" scenarios Ty has mentioned in livestreams?

 

[Friend computer]

Will be an intresting Friday.

 

[Immaculate Ape]

Well, if Ty, as claimed, notarized affidavits for people not present, that would be more than a technicality. That would be fairly serious misconduct, to say the least. The "evidence" cited for the claim strikes me as downright bizarre and unintelligible, though. I'm completely at a loss how a picture of Eric Vale at some convention is supposed to prove that Chris Slatosch was in San Antonio and did not actually sign an affidavit in Tyler.

It's more of a fanfic, than evidence tbh. Lemoine HOPES it's fake, which if I had to guess... Ty did this on purpose to get this reaction out of him, to make him look even worse to the Judge.

They're living inside Lemoine's head right now, and they're almost to the point where the right trigger word will make him strip naked and shit on the Judge's pulpit

 

[Legioneer]

Or the fact that Slatosh was running a con as evidence that HE MUST HAVE STAYED UNTIL MIDNIGHT!

I'm not sure he has anything to do with this convention at all. If Lemoine would listened attentively, the organizers visit each other to exchange experiences. I'm not sure he's the only one with access to all accounts. That there is not his friend/assistant/girlfriend/wife there.

I think the main thing that confused them was the fact that the affidavits were drafted in different ways (somewhere there is a date and month, somewhere only a month, somewhere everything is written by hand). And as an additional factor, the fact that out of three there is one black-and-white copy.

So when Ty started threatening them, they thought they finally caught him and he got scared. It's possible, of course, but I'm pretty sure if Ty was okay there, that's exactly how he would have behaved. Because this is the opportunity to finally punish them for a serious reason. So teasing them is a brilliant idea. If everything is clean.

 

[Make Anime Illegal]

I doubt Ty planned this, but if he did, forget 4D chess. He's playing chess on a 6 dimensional Calabi-Yau manifold.

 

[AlexJonesGotMePregnant]

He made the demand on a saturday and they're pitching a fit about it the moment the sun comes up on the working week...

For all Johnson's general sanity, he's stooping to the same tactics as the rest of the super lolyers in this instance, by trying to end-run around the laws and regs governing these things. He "demanded", but he hasn't stumped up the money for the demand, so actually he's requested Ty's book. Ty has no obligation to provide it in any sort of timely manner. Even if the fees were offered, there's no time restriction on when the book should be provided (the rule in question doesn't even mention "reasonable" or "timely" or provide any sort of time limit. There's certainly nothing in the rule that requires Ty respond immediately on the saturday of a holiday weekend, nor any requirement that he respond by the start of the first business day following the request, as they seem to want to believe and represent.

I don't think this qualifies as "stooping"; if opposing counsel blundered enough to falsify a notarized document, it is exactly the sort of thing you attack. All he had to do was notice it and then let ronica pay the drafting fees whereas he just signs on but still gets the issue brought up. It seems like a sensible play and Lemoine is the idiot who made the claims of criminality.

 

[Friend computer]

I don't think this qualifies as "stooping"; if opposing counsel blundered enough to falsify a notarized document, it is exactly the sort of thing you attack. All he had to do was notice it and then let ronica pay the drafting fees whereas he just signs on but still gets the issue brought up. It seems like a sensible play and Lemoine is the idiot who made the claims of criminality.

Johnson seem very competent, let the fool take all the blame if it backfires.

 

[Arachnomatricide]

I was set to believe Ty was a fraudster but then I saw the tweets Lemonie cited didn’t have any of the surrounding tweets included for context. Now I have no idea what they mean.

Seriously though, not impossible for even a good lawyer to have a major fuck up. I hope that is not the case because Ty seems like a likable guy.

 

[Make Anime Illegal]

I was set to believe Ty was a fraudster but then I saw the tweets Lemonie cited didn’t have any of the surrounding tweets included for context. Now I have no idea what they mean.

Seriously though, not impossible for even a good lawyer to have a major fuck up. I hope that is not the case because Ty seems like a likable guy.

There is currently zero reason to believe Ty has committed fraud, and plenty of reason to believe he hasnt.

 

[Sheryl Nome]

I was set to believe Ty was a fraudster but then I saw the tweets Lemonie cited didn’t have any of the surrounding tweets included for context. Now I have no idea what they mean.

Seriously though, not impossible for even a good lawyer to have a major fuck up. I hope that is not the case because Ty seems like a likable guy.

Its not impossible no, but it just seems like it would be extremely, extremely stupid for a lawyer to commit fraud. Disbarred level stupid.

It would be absolutely shocking to me if Ty did that.

 

[Legioneer]

Its not impossible no, but it just seems like it would be extremely, extremely stupid for a lawyer to commit fraud. Disbarred level stupid.

It would be absolutely shocking to me if Ty did that.

And it's very easy it can come out even by accident. If a certain person hasn't gone to Ty's office, there are a lot of people around him who can notice it. And not necessarily all of them are friends of this person and friends of Vic. And Ty should know this, it's his job to catch such cheaters in other circumstances. His area of expertise is business.

 

[Imperial Agent]

Do the documents say it was even notarized in Tyler? They have a Frisco office.

 

[Gianni Che]

It is undeniable that notarizing documents that you will be using is a professional capacity does not smell so lemony-fresh. It generally gives the impression, justified or not, of impropriety. You're not supposed to notarize your own docs . . . Maybe that's an unofficial rule, I don't know. Please correct me if I'm wrong.

Someone else from the firm should have done it. If one of their secretaries had to drive into the office or stop by Ty's house just before midnight, he should have arranged for it. If this is Ty baiting defense counsel, I will take it all back, but I just don't see it. I hope it's all just a bunch of hyped gay-ops and the notarization was performed 100% on the up-and-up, but then this fly in the Sacred Ointment . . .

Friday is looking to be a total shit show and I can't wait to hear what Judge Chupp has to say about it all!

 

[AStupidMonkey]

Do the documents say it was even notarized in Tyler? They have a Frisco office.

For all the difference it would make, let's say it was notarized on the bare, pock-ridden ass of a truckstop hooker.