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

[TUGSTAN]

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.



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.

In Texas the hearing on September 3rd is considered a 'trial' for the purposes of Rule 63. So, Ty breached the Rule 11 agreement by filing late and then breached TRCP Rule 63 by filing an Amended Petition less than one week before a 'trial.' We'll have to wait to see what the Judge makes of that.

 

[Make Anime Illegal]

In Texas the hearing on September 3rd is considered a 'trial' for the purposes of Rule 63. So, Ty breached the Rule 11 agreement by filing late and then breached TRCP Rule 63 by filing an Amended Petition less than one week before a 'trial.' We'll have to wait to see what the Judge makes of that.

The rule 11 agreement said nothing about amending their petition.

 

[Legioneer]

If all you took from that was “I’m saying anyone who thinks this is only copying Nick” you need to reread it champ.

Even in the part you quoted my point is clear, there is an argument for harm beyond the affiants. Arguments sometimes succeed, sometimes fail, but he case can certainly be made.

I’m sorry that an offhand quip apparently derailed your ability to process the information in my post, but despite your apparent high esteem for your own posts my statement wasn’t even directed at you.

My opinion on the question that many people still tend to exaggerate this situation. And it was backed up by Nick, but it was formed before Nick commented on the situation.

Did Ty make a mistake? Yes. Does he now look a little worse in the eyes of the judge and all observers? Yes.

But if the defendants behaved professionally, the judge would not even know about it (and judge understand`s that perfectly). And Ty did not fail to point out to them this too. For now, Ty simply does not want to burden the judge with their mistakes, which do not critically affect the case. But there are many more serious mistakes on their part.

Given the childish hysteria that the defendants had thrown at the judge, there was a 90% chance that they would look like real dicks in the eyes of the judge. Even though Ty made a mistake. The judge will be on his side, simply because it's the asshole behavior of the defendants.

It's childish of them. "He won't let us play with his toy! He`s tha bad guy! You're an adult! Tell him!". They pull the judge when it's absolutely not necessary. This is much worse than a notarization error, which was corrected immediately.

What I'm saying is, if you think the judge is gonna be a little less inclined towards Ty now. This is a very bold assumption.
The judge will respect Ty less than some other lawyer he has met before, and who hasn't been so sloppy. But the fact that Lemoine has drawn his attention to this story is very damaging to Lemoine, not to Ty. Ty got -10 points to Grifindor, and Lemoine got -9000 points to Slytherin. That's my guess.

 

[RodgerDodger]

In Texas the hearing on September 3rd is considered a 'trial' for the purposes of Rule 63. So, Ty breached the Rule 11 agreement by filing late and then breached TRCP Rule 63 by filing an Amended Petition less than one week before a 'trial.' We'll have to wait to see what the Judge makes of that.

Ty’s amended petition went to form and correction not content. The goal in all of this is to get properly formatted comprehensible documents. And the most important thing, Ty requested leave to amend.

 

[Imperial Agent]

My opinion on the question that many people still tend to exaggerate this situation. And it was backed up by Nick, but it was formed before Nick commented on the situation.

Did Ty make a mistake? Yes. Does he now look a little worse in the eyes of the judge and all observers? Yes.

But if the defendants behaved professionally, the judge would not even know about it (and judge understand`s that perfectly). And Ty did not fail to point out to them this too. For now, Ty simply does not want to burden the judge with their mistakes, which do not critically affect the case. But there are many more serious mistakes on their part.

Given the childish hysteria that the defendants had thrown at the judge, there was a 90% chance that they would look like real dicks in the eyes of the judge. Even though Ty made a mistake. The judge will be on his side, simply because it's the asshole behavior of the defendants.

It's childish of them. "He won't let us play with his toy! He`s tha bad guy! You're an adult! Tell him!". They pull the judge when it's absolutely not necessary. This is much worse than a notarization error, which was corrected immediately.

What I'm saying is, if you think the judge is gonna be a little less inclined towards Ty now. This is a very bold assumption.
The judge will respect Ty less than some other lawyer he has met before, and who hasn't been so sloppy. But the fact that Lemoine has drawn his attention to this story is very damaging to Lemoine, not to Ty. Ty got -10 points to Grifindor, and Lemoine got -9000 points to Slytherin. That's my guess.

It wasn’t unprofessional to call the judge’s attention to it. The exaggerated way J Sean tried to depict it as a great threat to their clients is unprofessional, but they would
Be stupid to not seize the opportunity to point out an error by opposing counsel whether in filing or on the day of the hearing.

 

[Legioneer]

Be stupid to not seize the opportunity to point out an error by opposing counsel whether in filing or on the day of the hearing.

On the contrary, it's stupid and petty to do so.

This is not an essential claim. And the court is interested in the lawyers solving such issues among themselves (if they can, if not - than judge will resolve the issue). Because it is less burdensome for the court and brings less costs to the parties.

The court still has to decide first whether the right for free speech suffers here, and then whether there was a defamatory action, a conspiracy, etc. It's not about whether Ty is a good or a bad lawyer.

And in this particular case, Lemoine did not help to court in any way to resolve the case, but increased the costs of both parties and burdened the judge with unnecessary work.

 

[Hoss]

The pure Exceptionalism this notary shit has caused in this thread is just fucking legendary. God fucking damn, calm down kids. Ty pulled a Leyte Gulf.

Even with his mistakes, Lemon-Pepper Wet overplays his hand. To assume malice in this regard is pretty fucking exceptional.

 

[quickthrowaway]

On the contrary, it's stupid and petty to do so.

This is not an essential claim. And the court is interested in the lawyers solving such issues among themselves (if they can, if not - than judge will resolve the issue). Because it is less burdensome for the court and brings less costs to the parties.

The court still has to decide first whether the right for free speech suffers here, and then whether there was a defamatory action, a conspiracy, etc. It's not about whether Ty is a good or a bad lawyer.

And in this particular case, Lemoine did not help to court in any way to resolve the case, but increased the costs of both parties and burdened the judge with unnecessary work.

The judge was already annoyed that he, instead of the two counsels, had to settle the deposition dates and all that crap early on in the case. It's incredibly optimistic to think that the judge wanted to solve this notary shit himself.

 

[HTTP Error 404]

The pure Exceptionalism this notary shit has caused in this thread is just fucking legendary. God fucking damn, calm down kids. Ty pulled a Leyte Gulf.

Even with his mistakes, Lemon-Pepper Wet overplays his hand. To assume malice in this regard is pretty fucking exceptional.

Yup. Lemon fucked up. If he hadn't spurged out to perform like a dancing monkey for Lawtwitter and Popehat, he could have sprung this shit on Ty at the hearing and royally fucked him. As it stands, it's a wet fart and he made himself look like a prick in front of the judge. Again.

 

[Reverend]

Why is everyone assuming Chupp is some autistic spastic who is gonna screech over Ty getting the documents filed 10 minutes late and ran afoul of some random rule of document notorization that was corrected immediately? These are sorts of issues that only really matter once trial has commenced and there is a jury involved. The whole point of "pre-trial" is to iron out the kinks and mistakes that are inevitable so that when trial begins everyone knows what the arguments are, what the presented facts are, and all the evidence is pertinent and valid. Screeching about a filing error right now is silly.

From what I have seen and read Chupp is a By-The-Book judge with the ability to be lenient when required, stern when needed, and tough when called upon. He's newish to judgeship but his past records indicate that this is a career path for him to something greater and he has an interest in this case (which is VERY BAD). The man is a professional and he understands when slips happen. LawTwitter believes any minimal mistake=Game Over. Any small little delay=Game Over. Anything that does not immediately win the case in Hollywood type fashion with a Slam Dunk Everyone Clapped type move is unacceptable. There are people who don't understand what a judge's job is, very methodical, very measured, and wanting to make sure the case is heard so it doesn't have to be kicked up to a higher court (which possibly makes it look bad on him) on appeal cause he fucked up.

Chupp is a human being much like Ty and LemonJello/Casey is and all have been in the business for long enough to Play The Great Game. LemonJello has very little to go on so he's doing what he can to show "outrage" "contempt" and "utter disregard for procedure" to whomever will listen. Ty, bless his heart, has been weary of going full Social Media as it sounds like that's an avenue his firm doesn't deal with much. That is a front that Ty appears to slowly be doing but we have only seen their first foray into that field.

Friday it will be 4 hours of pure hell for everyone involved as the scrutiny everyone is under is insane and lord only knows who will buckle under the pressure.

 

[Legioneer]

It is also the fact that the BHBH did not do too much extra work in this situation. They still had to file a response to MTD and supplement to plaintiff's second amended petition (for two separate reasons).
In the most ideal case, they would have simply filed the same exhibits in both documents. That is, if they had taken a properly executed statement from Vic, Chris, and Chuck, they would have re-submitted it anyway (just the same documents and not corrected ones).
Because it's just putting the paperwork in perfect order. And the court expects this from the parties.

So far, the whole notarization story hasn't brought too much extra costs to Vic (maybe a couple hundred dollars). But Lemoine was probably not making his complaint free of charge. That is, even if he had done so with the ideal language, he would still have gotten into Monica's and Ron's pockets without even a hypothetical positive result for the case.

That's why it's unprofessional not only how he did it, but even the fact that he chased after it. Monica and Ron aren't a multi-billion-dollar corporation with huge pockets. Nobody knows how long this case will take and how much work will have to be done - and Lemoine is actively spending a lot of their money on trivia.

As a result, when the interesting part starts, Monica and Ron's bank accounts probably will be empty already. I don't know in which universe this is a professional lawyer's job.

 

[Manwithn0n0men]

I don’t think it’s really normal or abnormal. I think it’s simply in proportion to the number of filings and requested hearings, and the availability of the court to make it happen.

Also the thousands upon thousands of pages involved. That will take time to go through

From what I have seen and read Chupp is a By-The-Book judge with the ability to be lenient when required, stern when needed, and tough when called upon. He's newish to judgeship but his past records indicate that this is a career path for him to something greater and he has an interest in this case (which is VERY BAD).

So you think Chupp is trying to feather a "Texas Supreme Court" resume on this case?

 

[Immaculate Ape]

Apparently Law Twitter is posting excerpts from Marchi's response, and Marchi is taking the opportunity to be a rape victim

 

[Manwithn0n0men]

Apparently Law Twitter is posting excerpts from Marchi's response, and Marchi is taking the opportunity to be a rape victim

gross, but not surprising

 

[CuntBusterMan55]

Speaking of fuck ups. Huck's statement here is sorta damaging to Vic isn't it? I mean I know it depends on the judge but I don't think this statement is particularly helpful. In 77 particularly.

However, I'm not an idiot, in 78, huck says if he knew if someone didn't like Vic's advances, he'd stop.
So I'm conflicted. I feel like the judge can focus on 77.

gross, but not surprising

I will tell you guys, as someone who has been raped as a kid, Jamie is 100% not a victim. Real victims don't go on Twitter and brag

 

[Manwithn0n0men]

I will tell you guys, as someone who has been raped as a kid, Jamie is 100% not a victim. Real victims don't go on Twitter and brag

No they dont

 

[PrinceofAllCucks]

Speaking of fuck ups. Huck's statement here is sorta damaging to Vic isn't it? I mean I know it depends on the judge but I don't think this statement is particularly helpful. In 77 particularly.

However, I'm not an idiot, in 78, huck says if he knew if someone didn't like Vic's advances, he'd stop.
So I'm conflicted. I feel like the judge can focus on 77.
View attachment 922201

The implication is that Vic took the rockstar approach and used his position to have sex with women. There's literally nothing wrong with that because Vic isn't being accused of just going out having sex with women, he's being accused of sexual assault and harassment. It damages Vic in no way other than for people to point and say it does, rather than any real damage.

 

[2lolis1cup]

Speaking of fuck ups. Huck's statement here is sorta damaging to Vic isn't it? I mean I know it depends on the judge but I don't think this statement is particularly helpful. In 77 particularly.

However, I'm not an idiot, in 78, huck says if he knew if someone didn't like Vic's advances, he'd stop.
So I'm conflicted. I feel like the judge can focus on 77.
View attachment 922201

at worst it shows Vic in a unkind light. He used his position of fame to have sexual relations with women. It is shocking yes I know. The fact it isn't 100% positive of Vic also would give more weight to it for me.

I however don't think it comes up to raping children charge being thrown around. So I can't believe it would hurt Vic's case.

 

[Tour of Italy]

The contents of the affidavits are far more devastating than any procedural issues surrounding them.

We’ve got a dozen pages in this thread arguing over notary shit which is exceptional in its own way, but understandable given the fact that Huber and Slatlosch testimonies mean that the defense is royally, unequivocably fucked.

There’s not much more to discuss on that point beside the precise degree to which each of the different defendants are fucked. Reading those statements in the light most favorable to Vic, and I think we clear the TCPA bar for evidence pretty convincingly.

That and Nicks stream reading the ammended complaints and TCPA response was a nice reminder to the main issues that the defendants and their counsel have been dancing around for months: 1) The public statements of him being guilty of Sexual Assualt (in Toye’s case specifying the legal definition) are direct and convincingly defamatory and 2) Those fuckers knowingly lied about the HR investigation and pending criminal charges.

Those two facts put to bed any defense of it all just being hyperbole. That plus the legal precedent where Vic’s statement to the contrary is enough to make a prima facie case means I’m giving better odds to him at this point.

 

[Legioneer]

So I'm conflicted. I feel like the judge can focus on 77.

It is the task of the judge to determine whether the plaintiff has reason to believe that a defamatory, TI and conspiracy have taken place and whether the TCPA is applicable.
Ultimately, the decision will be made by the jury after hearing the testimony of witnesses in person during the cross-examination. If the case reaches the jury and will not be dismissed earlier.