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

[Imperial Agent]

What do you suppose would be going down in the hearings? I may be naiive in hoping that at least Chupp accepts the retraction of the affidavits, hopeful still that he would even accept an amended one. But if the mistake warrants a fraud, then Ty may be treading really dangerous waters. I knew this won't be a cakewalk, and I kinda expected ty to make a mistake, but that seems to be a large mistake.

Will it also affect TCPA's and have TY sanctioned? As much as I don't want these smug fuckers on twitter dance around with that idea, a lot of people on the farms do support this outcome.

I doubt it will be over significant on the specific filings at hand, for example I don't see why Ty wouldn't be allowed to amend his pleading, but it can certainly hurt the overall perception. It could predispose the Judge to distrust Ty (very bad), it could take some steam out of the crowd funding momentum (both for information and money), or if the Judge really just wants to make a stand he could pursue sanctions.

It's really an impossible question to answer when you have fickle fans and an all-powerful judge. You never really can anticipate what will hit hard or when with this many variables.

 

[lolwatagain]

Do you think Ty will have sanctions being put on him by Chupp if that's the case? As much as I don't want that smug cuck lightyear to dance around in victory, I can see that Ty had made a very big mistake in the filings.

What else may happen. I may be a naiive optimist, but I do hope Chupp could at least accept the retraction of the affidavits.

Usually judges don't hand out sanctions like candy unless shit gets really fucking egregious, there's a huge risk of prejudice to the opposing party, or it's shit that keeps on happening.

Since it was withdrawn and replaced right away with a copy signed under penalty of perjury, there isn't any prejudice to the opposing party, the only reason why the judge would apply sanctions is if he thought that the conduct was egregious. Even then I could only see the judge applying monetary sanctions. Striking the affidavits or dismissing the case would probably be too severe for sanctions at this stage of the case.

Edit:

TI with Existing Contract: I don't see the existing contracts specifically listed.
TI with Prospective Relations: There's no underlying tort that I still see viable. Vic hasn't came up with anything that's close to clear and specific evidence that Ron or Monica knew the allegations were false. That'd be something like "Yeah, I knew they were false and I said them anyway" (That's not the standard required to survive TCPA dismissal, but that's ultimately what Vic will need to provide)

Existing Contract: Texas has "Fair Notice" pleading, which is more lenient than the Federal pleading requirements established in Twombly. In this case, the contracts at issue can be reasonably inferred from the complaint, and thus the defendants have "Fair Notice" of the contracts.
TI with Prospective relations: In a MtD, you have to treat all allegations in the complaint as true, and again, Texas has a lower standard of pleading, so it should easily survive a MtD. It wouldn't survive Summary Judgment at this stage, but Discovery would be completed by that point.

 

[Duke-Diggler]

I doubt it will be over significant on the specific filings at hand, for example I don't see why Ty wouldn't be allowed to amend his pleading, but it can certainly hurt the overall perception. It could predispose the Judge to distrust Ty (very bad), it could take some steam out of the crowd funding momentum (both for information and money), or if the Judge really just wants to make a stand he could pursue sanctions.

It's really an impossible question to answer when you have fickle fans and an all-powerful judge. You never really can anticipate what will hit hard or when with this many variables.

I guess all we could do now is simply wait until Nick either clarifies what is going on, or until the hearings are in place. Law really is a stressful and anxious part of life and I understand how fucking stressed out Vic must be right now.

 

[I can't imagine]

TI with Existing Contract: I don't see the existing contracts specifically listed.

It's the contract with Kamehacon. Both the conversation involving Ron and Monica attempting to convince him to breach the contract was included, as was the contract itself.
He explicitly said that he had a contract with Vic and that it would have legal consequences to break it. They also falsely claimed he was close to being charged with a crime, when he was not, in fact, even under police investigation.

 

[Legioneer]

>.> sorry to derail again but what does "has a very high power level" mean? I've seen it posted at the bottom of all the pages but I'm still a bit unclear about it.

https://kiwifarms.st/threads/new-rules-powerlevel-whiteknighting.5578/

In general, kiwi is for fun. Fun is possible because kiwis are anonymous. This means that there is no need to be offended by them in general. That is, it means that not only the kiwi themselves are safe despite their atrocities, but also the object of ridicule should not suffer much if it becomes self-critical. Generally speaking, it is not the kiwi that hurts him, but his own excess ego. Or harm is caused by information that is already online or in the public access. Kiwi just gathered it in one place to laugh.

When the principle of anonymity does not work, things can quickly get out of control in many different ways. Instead of having fun, it can be a real drama. Because instead of anonymous, it involves live people who can't just delete an account at any time and pretend that nothing happened. Because the Internet remembers everything, and if a person is deanonymized, it is clear who said exactly what.

Basicly, all that I' m saying her - it's not worth anything. As if it didn't happen. It's just writing on the wall. Everything you say can't be undone.

It's my understanding.

 

[Duke-Diggler]

Usually judges don't hand out sanctions like candy unless shit gets really fucking egregious, there's a huge risk of prejudice to the opposing party, or it's shit that keeps on happening.

Since it was withdrawn and replaced right away with a copy signed under penalty of perjury, there isn't any prejudice to the opposing party, the only reason why the judge would apply sanctions is if he thought that the conduct was egregious. Even then I could only see the judge applying monetary sanctions. Striking the affidavits or dismissing the case would probably be too severe for sanctions at this stage of the case.

Yeah, here's being incredibly optimistic of chupp at least accepting the amended pleadings and the affidavits.
But I am pretty sure the twitter lolyers and Lemwaaah are going to hammer this shit for the rest of this case.

Edited: reading retards dancing about this shit on twitter is literally robbing me of my intelligence.

 

[Immaculate Ape]

Yeah, here's being incredibly optimistic of chupp at least accepting the amended pleadings and the affidavits.
But I am pretty sure the twitter lolyers and Lemwaaah are going to hammer this shit for the rest of this case.

Edited: reading exceptional individuals dancing about this shit on twitter is literally robbing me of my intelligence.

It would be incredibly prejudicial for Chupp to start arbitrarily striking out affidavits without good cause that has precedent.

He is more likely to allow it all to be heard on the 6th and strike what he deems irrelevant upon argument. Limiting chances for appeal.

 

[murdered meat bag]

is this bhbh's current most publicized court case? I'd imagine they ahve a bunch of other cases to work on and vic's probably the most tiny in terms of significance. It's interesting for us but not anyone else.

 

[Duke-Diggler]

It would be incredibly prejudicial for Chupp to start arbitrarily striking out affidavits without good cause that has precedent.

He is more likely to allow it all to be heard on the 6th and strike what he deems irrelevant upon argument. Limiting chances for appeal.

Oh I see. That clears a lot of things up.

Will Ty be allowed to submit the amended filings now, though? It seems to be past the deadline where Ty would be allowed to file them.

 

[Harvey Danger]

Do you think Ty will have sanctions being put on him by Chupp if that's the case? As much as I don't want that smug cuck lightyear to dance around in victory, I can see that Ty had made a very big mistake in the filings.

What else may happen. I may be a naiive optimist, but I do hope Chupp could at least accept the retraction of the affidavits.

He's not going to get sanctioned for sloppy filings. The court doesn't have a reason to reject the retraction of the affidavits, but the judge should (rightfully) demand to see Ty's notary book to find out which lawyer is trying to screw with him. And if he doesn't, Ty is still required to show it to Sam Johnson, who e-mailed a request to see the Aug 30 pages.

I don't think Ty intentionally falsified notarization; he probably had a mixup somewhere, left it in to make the midnight deadline, and planned to fix it later. That amended petition was too well put together to be an unplanned last minute idea.

Either way, fraudulent or not, it's an unforced error for a strategy nerd, considering he didn't need the statements sworn at the moment. There's enough shit flying around this case that he didn't need more distractions for the court; Lemoine is clouding the air enough on his own.

And no matter what LawTwits say, Ty isn't committing malpractice. The legal work underneath the mess is sound, and it's a damn shame it's getting overshadowed by everything from the Huber revelations to fucking notary stamps. I was pissed at Nick last night when he skipped over the TCPA steps walkthrough in the filing, which is rather interesting, to read out the Huber paragraphs instead and spin them for a show audience.

 

[feral cat #6385]

I've been wondering this for a while, but why is this thread HERE, and not in the Weeb Wars section? O_o

Because this section is reserved for cow related lawsuits.

 

[Immaculate Ape]

Oh I see. That clears a lot of things up.

Will Ty be allowed to submit the amended filings now, though? It seems to be past the deadline where Ty would be allowed to file them.

There isn't any precedent to disallow late filings, at least that have been presented thus far.

We basically need to wait until the 6th to hear what Chupp's decision is going to be. We won't hear anything official before then

 

[AnOminous]

The appropriate remedy would probably be sanctions for Ty (+ whatever disciplinary actions notaries receive for notary fraud), and rejecting the fraudulent affidavits.

Considering the affidavits are absolutely critical to the case, that would be a terrible result.

 

[lolwatagain]

I doubt it will be over significant on the specific filings at hand, for example I don't see why Ty wouldn't be allowed to amend his pleading, but it can certainly hurt the overall perception. It could predispose the Judge to distrust Ty (very bad), it could take some steam out of the crowd funding momentum (both for information and money), or if the Judge really just wants to make a stand he could pursue sanctions.

It's really an impossible question to answer when you have fickle fans and an all-powerful judge. You never really can anticipate what will hit hard or when with this many variables.

No Judge would look poorly on a lawyer amending an initial pleading unless no care or due diligence was taken when filing the initial pleading. If you learn new facts in discovery that would require you to amend your complaint and you don't, you will lose credibility with the judge when the court has to waste judicial resources on a motion to dismiss or a motion for summary judgment.

Oh I see. That clears a lot of things up.

Will Ty be allowed to submit the amended filings now, though? It seems to be past the deadline where Ty would be allowed to file them.

Texas has very lenient rules for amending pleadings. Under Rule 63 you can amend pleadings without leave from the court up until the week before trial as long as the amendments don't surprise the opposing party.

 

[AnOminous]

I think we want to listen to Nick tonight. He hasn't said anything yet but doesn't look stressed.

So let's hope that's indicative.

 

[Sheryl Nome]

I think we want to listen to Nick tonight. He hasn't said anything yet but doesn't look stressed.

So let's hope that's indicative.

I at least, am Curious, I'll listen until my mind stops working and I pass out at least

 

[Your Average Soyboy]

Considering the affidavits are absolutely critical to the case, that would be a terrible result.

If those affidavits were thrown out, would it mean that any other affidavits they give would be thrown out as well, even under a different notary?

 

[PrinceofAllCucks]

If those affidavits were thrown out, would it mean that any other affidavits they give would be thrown out as well, even under a different notary?

It would only be those affidavits, unless they take away Ty's ability to notarize. Ty would not be able to use any documents he personally notarized if he loses his notary license.

 

[I can't imagine]

If those affidavits were thrown out, would it mean that any other affidavits they give would be thrown out as well, even under a different notary?

It would only be those affidavits, unless they take away Ty's ability to notarize. Ty would not be able to use any documents he personally notarized if he loses his notary license.

The only other affidavits in the motion were Stan Dahlin's, which wasn't notarized by Ty, and Erica's, which wasn't notarized. So it shouldn't affect anything else.

 

[NotaLolyer]

Dunno if this is new, but it's something Nick just put on his stream.

And there it is, the real reason Gohan was recast with a little bitch boy voice that sounds like a 6 year old girl.

“We needed a new feel and to redo the voice for Kai” my ass, Sabat couldn’t get his dick wet.