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

[Legioneer]

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

I looked at it and I didn't see it. According to my understanding, this is not necessary. The main thing for a notary is to have a seal with him. He may well go to the client for various reasons, including disability of the client. But this is the case where I live. I don't live in Texas.

 

[Arachnomatricide]

They were signed in Ty’s presence as a notary, so they are basing the assumption on where it was signed on Ty’s location that day.

 

[Cakeisjustok]

Couldn't they just ask Chris S. if he was there to sign it? Why all the backflips and tracking of distances? Seems like a simple phone call or email would settle it.

 

[Legioneer]

They were signed in Ty’s presence as a notary, so they are basing the assumption on where it was signed on Ty’s location that day.

I think they're stupid. The fact that one of the affidavits of a photocopy may, in my opinion, indicate that Ty went to Huber himself. Then he sent the document to the office via email, so they wouldn't wait for the draft until he returned to the office with the paper.

 

[Make Anime Illegal]

Vic can't deny MoRon's allegations because he's an "interested witness?"

Sounds to me like the case they're citing is saying that testimony from an interested witness cannot overcome A prima facie case, not that it cant establish one.

We conclude that Beckerman's interested testimony is insufficient to overcome the prima facie case established by Jones that Warner Bros. Entertainment Inc. and TMZ Productions, Inc. published the article.6

 

[Legioneer]

Couldn't they just ask Chris S. if he was there to sign it? Why all the backflips and tracking of distances? Seems like a simple phone call or email would settle it.

The point is, if Ty's clean, he didn't have to convince the lawyers. He had to deny it all and provoke them to this stupidity. To punish them and to make them stop kicking like goats.

 

[DragoonSierra]

Lemoine could have raised this issue without accusing Ty of outright fraud couldnt he?

 

[Autism Powers]

Lemoine could have raised this issue without accusing Ty of outright fraud couldnt he?

He could, but we will be sitting here for a long time thinking why stupid people do stupid things. For me it reeks desperation, Lemwah grabbing every straw he can, like making MoRons publishers or declaring Vic libel proof

 

[Make Anime Illegal]

Lemoine could have raised this issue without accusing Ty of outright fraud couldnt he?

But then what would the Law twits have to chimp out about?

 

[Farmer Y]

I'm disappointed BHBH even gave their opponents something to work with right now. The back and forth is constant with each side taking blows. Not as bad as wife beater Ron and casting couch Chris coming to light, but still, all the unnecessary errors made start to snowball.

 

[Mr. Zed da Robot Poon Fed]

i don't think i've seen this here, i got it from twitter so I believe someone has already done some redlining on it.

Are they trying to dismiss Stan Dahlin’s affidavit here?

They said that point 6 was “inadmissible speculation”, but if he says that he is sure he would have remembered it, the judge could infer that the only possibility here is that it never happened.

Because whatever happened, in Dahlin’s mind, apparently wasn’t worth remembering or taking note of.

And Rial notes that Dahlin’s would know about Vic’s whereabouts during the incident, but apparently Dahlin’s doesn’t know what the fuck she’s talking about.

 

[Harvey Danger]

Lemoine could have raised this issue without accusing Ty of outright fraud couldnt he?

If they weren't physically standing in front of Ty when they signed those papers, then it is fraud. Whether it constitutes "fraud against the court" is probably a legal determination above my pay grade. So there's 4 options:

1. They were actually in the same place as Ty and it's all properly executed.
2. Ty put the wrong date in the field.
3. Ty pre-signed the notarization information before they actually got the affiants' signatures, they signed it at different times, and he didn't think about it until Johnson raised the issue.
4. Someone just did straight-up notary fraud to save time on the filing.

There's a 5th possibility: Texas allows for online notarization via teleconference, so he could have notarized things remotely with each affiant. However you need to apply for that notary commission specifically, and according to the Dept of State's search Ty Beard does not have that commission.

I won't scream fraud; I think #2 or #3 are likely, giving the "defect in form" excuse the benefit of the doubt. There's no reason to withdraw and re-introduce unsworn identical statements (except for the 1 correction about Vic's medication) if everything was notarized correctly.

But this feels like a legit screw-up that's in character with the rushed nature seen in other aspects of BHBH's filing.

 

[Urbanmech]

Couldn't they just ask Chris S. if he was there to sign it? Why all the backflips and tracking of distances? Seems like a simple phone call or email would settle it.

It's suspected Ron is intimidating witnesses and such, so Chris is probably not on friendly terms to the defendants.

 

[5t3n0g0ph3r]

Lemoine and Johnson filed Replies to Support their TCPA Motions to Dismiss:

 

[Alpo the cat]

This gasping idiot should just fuck himself.

I wonder if when Le Fuhrer has sex it's like Auto erotic asphyxiation

 

[teriyakiburns]

Lemoine and Johnson filed Replies to Support their TCPA Motions to Dismiss:

still trying for the public figure angle...

 

[PrinceofAllCucks]

Vic can't deny MoRon's allegations because he's an "interested witness?"

Sounds to me like the case they're citing is saying that testimony from an interested witness cannot overcome A prima facie case, not that it cant establish one.

Apparently, him establishing that he had contracts with conventions is also hearsay, because reasons.

 

[Legioneer]

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!

They have planned a large meeting in advance for August 30. They invited everyone they could (Vic, Chris Slatosh) to take into account all the facts that already exist and may have appeared at the last moment and write a complete affidavits and full response. Apparently, everybody gathered at their office, and Ty was also there, so they chose to make an affidavits to avoid any idiotic objections, that an unsworn statements is less convincing and there is something suspicious about it.

But when they realized that this was actually just a problem, they simply sent couriers to all witnesses on September 2 with the paper to sign (or somehow arranged the process without coming to the office). Because the text of those statements was drafted in the presence of the witnesses themselves in a room full of lawyers three days earlier.

Just one of the possible explanations.

 

[AnOminous]

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

It only states "State of Texas" in the jurat.

The factual issue is very simple. Did the affiants sign the documents in the presence of Ty, who notarized them under the representation that they did. If yes, everything is very okay, if no, everything is very not okay. Doesn't matter whether they came to him or he to them or if they did it at a McDonald's between them.

Apparently, him establishing that he had contracts with conventions is also hearsay, because reasons.
View attachment 920793

Incidentally, this kind of checklist is what I believe Judge Chupp asked for for the Motion to Strike and which Plaintiffs did not produce in this form.

 

[Imperial Agent]

still trying for the public figure angle...

Tbh they’d be stupid (borderline committing malpractice) if they didn’t at least try.

It only states "State of Texas" in the jurat.

The factual issue is very simple. Did the affiants sign the documents in the presence of Ty, who notarized them under the representation that they did. If yes, everything is very okay, if no, everything is very not okay. Doesn't matter whether they came to him or he to them or if they did it at a McDonald's between them.



Incidentally, this kind of checklist is what I believe Judge Chupp asked for for the Motion to Strike and which Plaintiffs did not produce in this form.

I agree, I was asking because SA to DFW is an easier drive/flight and additionally the more unknowns there are the more premature calling it fraud seems to be.

But I think we’re on the same page. If Ty committed fraud I think it is significant, and I wouldn’t be quick to brush it under the rug like some others seem inclined to.

But as I said before, should be easy enough for Ty to disprove, assuming it’s not fraud...