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

Why would he say something so stupid in a motion filing
He's desperate to get these affidavits/declarations struck because they demolish his TCPA case, and he knows his clients are too broke to pay him; the only chance for him to be paid for his work is to win the TCPA and be awarded fees. If he doesn't win here, he's stuck representing broke people that refuse to settle in a losing case that will take an absurd amount of time.
 
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Wasn't the photo of someone NOT Chris Slatosch? Just a KC tweet.
Not sure, I stopped bothering to look into the photo when Ty and Nick basically admitted he wasn't in their presence. When Nick streamed last night he never once said or indicated Ty has notarized the documents properly or that people claiming Ty and the Slatosch were in different places were wrong. Instead he went with "Does it matter though?" reinforcing the idea that Ty and the affiant(s) were not in the same location.

Ty's response to stream chat was just "I admit, I fucked up I won't make excuses" etc...

At this point there is every reason to believe that the documents were not notarized properly. As a reminder:
- Slatosch was scheduled to be a con during this time, and did post a photo at the very least implying he was there, although he may not have been physically in the frame, so maybe tried to fake being there for some reason? Unlikely and unnecessary imo, but whatever, moving on.
- Ty has repeatedly affirmed there were "defects in form" and while he hasn't specifically enumerated what "defects in form" means, he immediately withdrew the documents in question and resubmitted minus the notary and has as of yet not produced any Notary log to verify the notarization was proper
- Ty has admitted to messing up, and never specifically denied that Slatosch was in San Antonio
- The running line by Nick and Ty has not been to deny the improper Notary, but instead to contest the relevance or significance of it

If anyone still denies that Ty fucked up the Notary they are fighting a battle even Ty and Nick have opted out of. Argue that you think it doesn't matter, but arguing it didn't happen at this point is... beyond optimistic.
 
Lemoine is claiming that Ty and the affiants were not in the physical presence of each other, that Ty told the affiants that this is notary fraud, and that all the affiants agreed to commit notary fraud.
If that was the plan the whole time then why would they immediately backtrack and fix it? No arguments or any sort of bluffing that kind of move would require?

The threadnaught doesn't believe it's because of super sleuth lawyer Lemoine and friends immediatly figured it out.... does it?
 
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So here is Lemoine's evidence that Mr. Slatosch was in San Antonio

Screenshot (17).png


And here is Mr. Slatosch
Screenshot (18).png



I think Nick is right lawyers have no idea how tech works.....
 
Why would he say something so stupid in a motion filing

I dunno, cuz he’s a ree ree.

My only hope is that they spend Friday actually talking about the TCPA and other pending issues instead of this bullshit. Regardless of how bad it is for Ty legally and professionally, they’ll likely figure out how it impacts the filing and the case and then leave it to the notary police or whatever.

That’s not gonna keep Lemoine from using it to take shots at Ty till he dies of lung failure, but at least maybe we can stop wasting so much air on it ourselves.

We’ll finally be able to stop speculating and find out exactly what happens when a lawyer who’s also a notary does whatever he fucking did.
 
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If that was the plan the whole time then why would they immediately backtrack and fix it? No arguments or any sort of bluffing that kind of move would require?

The threadnaught doesn't believe it's because of super sleuth lawyer Lemoine and friends immediatly figured it out.... does it?
That's literally the claim.

4. Ms. Marchi’s counsel quickly recognized that something was amiss with the notary and made demand for Mr. Beard’s notary book.
[...]
6. On September 2, 2019, undersigned counsel gave Mr. Beard an opportunity to explain what occurred.
7. Rather than explain the mystery of how Mr. Beard notarized three (3) affidavits in Tyler, Texas for three (3) witnesses that each live over 100 miles away from his office, he filed a Second Amended Petition at 10:20 p.m. on Monday September 2, 2019.
[...]
10. A little before 1:00 a.m. on Sept. 3, 2019, Mr. Beard finally responded that the Fraudulent Affidavits were “mistakenly submitted with defects in form” and threatened sanctions if his fraud on the Court were disclosed.

Detective Lemoine figured it out! He confronted P. T. Beardum with the proof, the distances between BHBH's office and the witnesses homes, and the sinister scheming southerner withdrew the fraudulant affidavits and threatened to sanction our brave hero if he told Judge Daddy Chupp!
 
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If anyone would like some very off-the-cuff, non-lawyer thoughts from a TX Notary I know and asked about their thoughts on the situation:

- They were most bothered by the fact that Ty (they only new them as a random lawyer, they have no background information on the case and do not follow it) notarized documents for his own client/interested parties. They kept looping back to the idea that the point of a Notary is to be an independent witness so they just didn't see how that was proper.
(Worth noting Nick didn't seem particularly bothered by the potential conflict of interest beyond the inconvenience of being called as a witness, so who knows)

- They "couldn't fathom" how notarizing a document without the person there could be an unwitting mistake, especially for a lawyer

- They said that if asked to produce a their Notary log by another person, they weren't of any obligation to do so, but that it was property of the state so if a request came from someone representing the state they had to comply. (They seemed unaware of a situation where someone could pay a specified fee to see the log, something I'd seen tossed around on Twitter)

- They confirmed that the process for becoming a Notary is exceptionally easy, they basically filled out a form and then got a letter in the mail and a book outlining the rules/guidelines. They offered to send me pictures of their book tomorrow, but I doubt it contains anything not available on the web.

- Their understanding of what would happen if they improperly notarized something was that they would loose their ability to be a Notary.

Obviously the letter of the rules already available are far more insightful for what to expect, if anything, in the upcoming hearing, but I thought it might be of interest to provide a layperson's take on being a Notary.
 
It doesn't matter that he's withdrawn the documents, that doesn't eliminate the crime itself.

Except that he withdrew the documents before they could be used for anything, before they could be examined in any capacity that would implicate the notarizations, and before any charges were levied against him. You're able to void notarizations, too.

At present, at least, I'm the most skeeved out about the foothold this allowed for #kickvic. Marchi's popping off about how Huber's affidavit/declaration is fraudulent as a way to dismiss the fact that she's made to look like an even more horrible person who doesn't care about women or children and will use the specter of sexual assault to accomplish petty goals, and #lawtwitter is presumably going nuts about it, as well.

I'm anxious as to how this'll play out at the hearing. He can affix affidavits to a revised petition, that much is certain, and with those being set to be entered as evidence, those should be fine, but they obviously lose the force that they had by virtue of being a part of the TCPA response proper, to say nothing of the lack of polish that the TCPA response has.

On the other hand, BHBH had to combat 1000+ pages of TCPA and clearly was working throughout the extension they were graciously given. They couldn't have completed that much only to slack off... which is both sobering and indicative of how Lemoine is a "TCPA specialist".

He's a Gish Galloper.
 
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General PSA for those of you who don’t watch Nick’s streams or follow every minutiae:

According to Nick last night the court went ahead and blocked off the full day of Sept.6th to work on this case in particular, starting at 10am.

EDIT: Apparently there are some other cases on the docket that day according to GRB86, just noting what was said on stream.

Here's the current calendar. It hasn't always been accurate in the past.

------------------------------------------------------------------------------------------------
Hearing Calendar In The 141st Judicial District Court
Starting 09/02/2019 through 09/09/2019
For The Day Of 09/06/2019
Updated September 04, 2019 at 8:32AM
Page: 5
------------------------------------------------------------------------------------------------
09:30AM
141-302268-18 DENISE D. STEEVES CARLOS A FERNANDEZ (214)333-3333
VS 08/26/2019 DEFN CREST ASSET MGMT INC'S OPPOSED
MTN FOR SEV
STEPHANIE JONES, ET AL SCOTT B PREWETT (214)800-2863

------------------------------------------------------------------------------------------------
10:00AM
141-307474-19 VICTOR MIGNOGNA TY BEARD (903)509-4900
JIM E BULLOCK* (903)509-4900
VS VARIOUS MOTIONS
FUNIMATION PRODUCTIONS, LLC,
ET AL JOHN VOLNEY (214)981-3800
SAMUEL H JOHNSON (972)918-5274
CASEY S ERICK (214)672-2138
J SEAN LEMOINE (214)692-6200

------------------------------------------------------------------------------------------------
01:30PM
141-290444-17 D. S., ET AL DANIEL P SULLIVAN (817)276-6000
STEPHEN C MAXWELL* (817)276-6000
VS 07/22/2019 PLTF E S MTN TO QUASH DEPO BY WRITTEN
QUESTIONS OF COLLEYVILLE HERITAGE HIGH SCHOOL AND
MTN FOR PROTECTION FROM DISC SUBPOENA
USA VOLLEYBALL, ET AL JAY R DOWNS (214)748-7900
RODNEY M PATTERSON (214)748-7900
DIANA COCHRANE (214)748-7900
PRO SE-MERRICK, DAMIAN ( ) -

------------------------------------------------------------------------------------------------
 
That's literally the claim.

4. Ms. Marchi’s counsel quickly recognized that something was amiss with the notary and made demand for Mr. Beard’s notary book.
[...]
6. On September 2, 2019, undersigned counsel gave Mr. Beard an opportunity to explain what occurred.
7. Rather than explain the mystery of how Mr. Beard notarized three (3) affidavits in Tyler, Texas for three (3) witnesses that each live over 100 miles away from his office, he filed a Second Amended Petition at 10:20 p.m. on Monday September 2, 2019.
[...]
10. A little before 1:00 a.m. on Sept. 3, 2019, Mr. Beard finally responded that the Fraudulent Affidavits were “mistakenly submitted with defects in form” and threatened sanctions if his fraud on the Court were disclosed.

Detective Lemoine figured it out! He confronted P. T. Beardum with the proof, the distances between BHBH's office and the witnesses homes, and the sinister scheming southerner withdrew the fraudulant affidavits and threatened to sanction our brave hero if he told Judge Daddy Chupp!
Amazing. Considering the situation it seems like anyone who has even a passing knowledge of law noticed that notarizing those papers were weird, so good for them for not being that stupid.
If anyone would like some very off-the-cuff, non-lawyer thoughts from a TX Notary I know and asked about their thoughts on the situation:

- They were most bothered by the fact that Ty (they only new them as a random lawyer, they have no background information on the case and do not follow it) notarized documents for his own client/interested parties. They kept looping back to the idea that the point of a Notary is to be an independent witness so they just didn't see how that was proper.
(Worth noting Nick didn't seem particularly bothered by the potential conflict of interest beyond the inconvenience of being called as a witness, so who knows)

- They "couldn't fathom" how notarizing a document without the person there could be an unwitting mistake, especially for a lawyer

- They said that if asked to produce a their Notary log by another person, they weren't of any obligation to do so, but that it was property of the state so if a request came from someone representing the state they had to comply. (They seemed unaware of a situation where someone could pay a specified fee to see the log, something I'd seen tossed around on Twitter)

- They confirmed that the process for becoming a Notary is exceptionally easy, they basically filled out a form and then got a letter in the mail and a book outlining the rules/guidelines. They offered to send me pictures of their book tomorrow, but I doubt it contains anything not available on the web.

- Their understanding of what would happen if they improperly notarized something was that they would loose their ability to be a Notary.

Obviously the letter of the rules already available are far more insightful for what to expect, if anything, in the upcoming hearing, but I thought it might be of interest to provide a layperson's take on being a Notary.
Does doing work for large companies and businesses require different uses of notarization? I remember Ty saying he doesn't normally deal with these types of cases so I could see this as some sort of work habit gone astray. Or like as other people have pointed out, Ty may have believed he was able to do online notary while not knowing that local and online require two different certificates or whatever. I mean, if I hadn't heard that I would also assume you would just need a basic.

Or Ty doesn't normally do notary and did it for some extra 'oomph' but just completely fucked it up. I'm not trying to defend the guy, I'm just trying to understand the mentality behind the choice.
 
Does doing work for large companies and businesses require different uses of notarization? I remember Ty saying he doesn't normally deal with these types of cases so I could see this as some sort of work habit gone astray. Or like as other people have pointed out, Ty may have believed he was able to do online notary while not knowing that local and online require two different certificates or whatever. I mean, if I hadn't heard that I would also assume you would just need a basic.

Or Ty doesn't normally do notary and did it for some extra 'oomph' but just completely fucked it up. I'm not trying to defend the guy, I'm just trying to understand the mentality behind the choice.
Honestly no clue, I'm not a Notary and never really bothered to look into the way it all works. All I can tell you the person I asked works for a hospital in the DFW Metroplex and is a Notary to help with the busniess needs of the hospital. Not sure if that would color their understanding at all.

Also for those talking about the remote Notary thing, Nick doesn't even think that's what's going on here. Timestamp: 2:12:45


If remote notary (or confusion related to it. has anything to do with this there is no evidence of it so far. If you rewind the clip a bit you can hear Nick give a possible explanation for how a lawyer might "confuse" the Notary rules.
 
Honestly no clue, I'm not a Notary and never really bothered to look into the way it all works. All I can tell you the person I asked works for a hospital in the DFW Metroplex and is a Notary to help with the busniess needs of the hospital. Not sure if that would color their understanding at all.

Also for those talking about the remote Notary thing, Nick doesn't even think that's what's going on here. Timestamp: 2:12:45


If remote notary (or confusion related to it. has anything to do with this there is no evidence of it so far. If you rewind the clip a bit you can hear Nick give a possible explanation for how a lawyer might "confuse" the Notary rules.
Stop your making a blood puddle at this point. @AnOminous said it best about 24 hours ago, right now its what Ty says vs what Lemoine says and unless there is more evidence, nothing will change that till Friday.
 
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Not sure, I stopped bothering to look into the photo when Ty and Nick basically admitted he wasn't in their presence. When Nick streamed last night he never once said or indicated Ty has notarized the documents properly or that people claiming Ty and the Slatosch were in different places were wrong. Instead he went with "Does it matter though?" reinforcing the idea that Ty and the affiant(s) were not in the same location.

Ty's response to stream chat was just "I admit, I fucked up I won't make excuses" etc...

At this point there is every reason to believe that the documents were not notarized properly. As a reminder:
- Slatosch was scheduled to be a con during this time, and did post a photo at the very least implying he was there, although he may not have been physically in the frame, so maybe tried to fake being there for some reason? Unlikely and unnecessary imo, but whatever, moving on.
- Ty has repeatedly affirmed there were "defects in form" and while he hasn't specifically enumerated what "defects in form" means, he immediately withdrew the documents in question and resubmitted minus the notary and has as of yet not produced any Notary log to verify the notarization was proper
- Ty has admitted to messing up, and never specifically denied that Slatosch was in San Antonio
- The running line by Nick and Ty has not been to deny the improper Notary, but instead to contest the relevance or significance of it

If anyone still denies that Ty fucked up the Notary they are fighting a battle even Ty and Nick have opted out of. Argue that you think it doesn't matter, but arguing it didn't happen at this point is... beyond optimistic.

You forgot to add that notary record books are public information in Texas, and that notaries are required to provide certified copies of it when requested by any person. Which is what Johnson did on 31.09.2019. The fact that a notary decided not to provide the copies but went the "does it matter tho?" way is quiet telling and really alarming both for his standing as a notary and his credibility as a lawyer.

I'm quiet surprised at the level of fanboyism in this thread among some people. When you start talking about "concern trolling" when people with experience in the legal field are concerned about this type of behavior from a notary, maybe you should try to understand why it seems such an important matter to them before sperging.

While the notary profession differs in its form and functions from country to country, the basic principle is the same: there is a need for trust in certain contractual relations, that trust can be achieved by authenticating documents through the notary process. For instance, by establishing a will and bearing witness of its signing by the relevant parties, so that no one can claim later that the person who did his will was not a pretender, or was sound of mind.
That power of authenticating, that power of trust, is given one form or another by the State. In continental law theory we go as far as to say that notaries are private persons executing privately a public power. This is why when a notary does something he shouldn't it creates a lot of problems:
1. A problem for any person who might suffer direct harm from this.
2. A problem for the court.
3. A problem for the notary's former and future clients, because he broke that trust.
4. A problem for society itself, from the misuse of this delegation of public power.
5. A problem for the notary himself, his reputation and credibility.

The idea that Ty did it through laziness is not good, but the fact that he can't provide his notary record book is quiet outraging, especially if prodiving his record book should prove he did nothing wrong. Then you begin to wonder: "Hey that Ty guy, so carefree with this important notary stuff, is it an anecdotal event? Or is there something more to it?". Remember "TRUST"?....

I already shitposted quiet a long thing for my first post here ever but I'm gonna go on a tangent on e-celeb lawyers.

I understand many here love Nick and Ty because they're /ourguys/, and when it's like that, it's not really a discussion about the case and its participants, it becomes a sperging Nick/Ty fangroup on the level of the ones on the opposite side. No rational legal argument being discussed without people sperging.

Take in mind that the underlying duty of a lawyer, that predicates every others, is the duty of upholding the interests of the client. Before anything else, including the lawyer's envy to be an e-celeb, or to be some publicly recognizable figure. For these things can actually be against your due diligence at upholding the interests of your clients.

And this is why I have a lot of snak for youtube lawyers in the first place. I'm just gonna remind everyone the Leonard French Imagos v. Alex Mauer debacle.
And now we have a similar thing with Nick, cashing in the weeb wars drama, doing hot takes that the audience likes for donations.
This is pretty sad for the profession of lawyers/attorney as a whole.

After all, e-celeb lawyers are today's form of public figure lawyers from the previous decade, just worse, but the same overall.

What is interesting tho, is that a competent high public profile lawyer is a rarity, mediocre being the norm.
But in the quiet and boring world of normal lawyers who network between them, these are the people who know who is hot shit. Not the layman public.

I find Nick screeching on 3 hours long livestream about a weeb war almost as exceptional as the couple of rarted attorneys on the opposite side.
 
In the words of a wise man, it doesn't matter. None of this matters. This barely qualifies as Pre-trial. Its Pre-Pre trial. The issue at hand is whether or not the defendants constitutional rights are being infringed by this legal action. If the notary shit was actually a big deal Funimation and Marchis lawyers who have piled on. The only person tilting at that windmill is Lemoine. And as far as the Friday hearing is concerned its irrelevant. Ty requested permission to amend the filing, Chupp granted it, and now the affidavits are unsworn. Which again does not matter because the hurdle is not what would win at trial, its to show there is a case.
 
You forgot to add that notary record books are public information in Texas, and that notaries are required to provide certified copies of it when requested by any person. Which is what Johnson did on 31.09.2019. The fact that a notary decided not to provide the copies but went the "does it matter tho?" way is quiet telling and really alarming both for his standing as a notary and his credibility as a lawyer.

I'm quiet surprised at the level of fanboyism in this thread among some people. When you start talking about "concern trolling" when people with experience in the legal field are concerned about this type of behavior from a notary, maybe you should try to understand why it seems such an important matter to them before sperging.

While the notary profession differs in its form and functions from country to country, the basic principle is the same: there is a need for trust in certain contractual relations, that trust can be achieved by authenticating documents through the notary process. For instance, by establishing a will and bearing witness of its signing by the relevant parties, so that no one can claim later that the person who did his will was not a pretender, or was sound of mind.
That power of authenticating, that power of trust, is given one form or another by the State. In continental law theory we go as far as to say that notaries are private persons executing privately a public power. This is why when a notary does something he shouldn't it creates a lot of problems:
1. A problem for any person who might suffer direct harm from this.
2. A problem for the court.
3. A problem for the notary's former and future clients, because he broke that trust.
4. A problem for society itself, from the misuse of this delegation of public power.
5. A problem for the notary himself, his reputation and credibility.

The idea that Ty did it through laziness is not good, but the fact that he can't provide his notary record book is quiet outraging, especially if prodiving his record book should prove he did nothing wrong. Then you begin to wonder: "Hey that Ty guy, so carefree with this important notary stuff, is it an anecdotal event? Or is there something more to it?". Remember "TRUST"?....

I already shitposted quiet a long thing for my first post here ever but I'm gonna go on a tangent on e-celeb lawyers.

I understand many here love Nick and Ty because they're /ourguys/, and when it's like that, it's not really a discussion about the case and its participants, it becomes a sperging Nick/Ty fangroup on the level of the ones on the opposite side. No rational legal argument being discussed without people sperging.

Take in mind that the underlying duty of a lawyer, that predicates every others, is the duty of upholding the interests of the client. Before anything else, including the lawyer's envy to be an e-celeb, or to be some publicly recognizable figure. For these things can actually be against your due diligence at upholding the interests of your clients.

And this is why I have a lot of snak for youtube lawyers in the first place. I'm just gonna remind everyone the Leonard French Imagos v. Alex Mauer debacle.
And now we have a similar thing with Nick, cashing in the weeb wars drama, doing hot takes that the audience likes for donations.
This is pretty sad for the profession of lawyers/attorney as a whole.

After all, e-celeb lawyers are today's form of public figure lawyers from the previous decade, just worse, but the same overall.

What is interesting tho, is that a competent high public profile lawyer is a rarity, mediocre being the norm.
But in the quiet and boring world of normal lawyers who network between them, these are the people who know who is hot shit. Not the layman public.

I find Nick screeching on 3 hours long livestream about a weeb war almost as exceptional as the couple of rarted attorneys on the opposite side.
Dude chill lawyers are the scum of the earth. Enjoy the show.
 
In the words of a wise man, it doesn't matter. None of this matters. This barely qualifies as Pre-trial. Its Pre-Pre trial. The issue at hand is whether or not the defendants constitutional rights are being infringed by this legal action. If the notary shit was actually a big deal Funimation and Marchis lawyers who have piled on. The only person tilting at that windmill is Lemoine. And as far as the Friday hearing is concerned its irrelevant. Ty requested permission to amend the filing, Chupp granted it, and now the affidavits are unsworn. Which again does not matter because the hurdle is not what would win at trial, its to show there is a case.
What? Did you mean to say "If the notary shit was actually a big deal Funimation and Marchis lawyers who WOULD have piled on"?

Because they did... it was literally a joint motion. Did you even look at the document?
 
What? Did you mean to say "If the notary shit was actually a big deal Funimation and Marchis lawyers who WOULD have piled on"?

Because they did... it was literally a joint motion. Did you even look at the document?

Let me rephrase then. They would have made their own motion. Since Lemoine was going to tilt at the windmill, there is always the outside bet he actually knocks it over. So it would preserve their own tie to the win without having to do the legwork themselves.
 
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