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

[Urbanmech]

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?

Funi did not file with them only Jackson and Lemoine….

Edit: And also note that only Lemoine has an Affidavite...I think the only reason Jackson is pushing it is because he's hoping Lemoines "Case dismissed due to EVERYONE doing fraud" is going to work and having two attorneys bring CRIMINAL charges like that with weak evidence at least will give it more credability

 

[AnotherPleb]

The fact that they're celebrating the one fuckup from BHBH when the defense has been nothing short of a tire fire from the start only tells me they're pants-shittingly horrified at the thought of this going to trial. We already know Sean 'cucked by my faggot ass son' Schemmel and Chris 'breaking out the Sacred Ointment for the casting couch' Sabat are next in the firing line, but that's all we've found out with the defense playing all kinds of discovery games. What will we find when BHBH can go deeper into discovery? Chupp's probably going to slap them hard with all the games they've played so far after all.

 

[RodgerDodger]

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.

I'm going to hazard a guess, from some of your phrasing that you are not a US native? As you say "The Notary Profession differs in form and function from country to country". In the US it isn't "a profession". It is quite literally a $50 fee to become a Notary. Notaries are not the import touchstone of civil contracts such as they are in Latin American traditions. Their only purpose is to validate your signature by witnessing it. They are responsible to you the signer. At best Ty fucked up his $50 Notary license. Which is embarrassing. Lemoine can submit a complaint to the board. But it is something entirely outside the scope and nature of the litigants proceedings. At best this is an error in form. And a non prejudicial one. Nothing has gone on the record or before the jury. Lemonheads cries of FRAUD are bullshit. Lemonhead does not actually have standing to question the signatures. Only those who signed can do that. If Lemonhead has a question of problem with the document, the Affiant can be asked. It's a somewhat serious professional issue and embarrassing for Ty. It is however a non issue with regards to the trial. Contrary to what you see on TV the law is actually pretty forgiving of clerical fuckups of various sorts. Including people taking stupid shortcuts to meet deadlines.

 

[Urbanmech]

I'm going to hazard a guess, from some of your phrasing that you are not a US native? As you say "The Notary Profession differs in form and function from country to country". In the US it isn't "a profession". It is quite literally a $50 fee to become a Notary. Notaries are not the import touchstone of civil contracts such as they are in Latin American traditions. Their only purpose is to validate your signature by witnessing it. They are responsible to you the signer. At best Ty fucked up his $50 Notary license. Which is embarrassing. Lemoine can submit a complaint to the board. But it is something entirely outside the scope and nature of the litigants proceedings. At best this is an error in form. And a non prejudicial one. Nothing has gone on the record or before the jury. Lemonheads cries of FRAUD are bullshit. Lemonhead does not actually have standing to question the signatures. Only those who signed can do that. If Lemonhead has a question of problem with the document, the Affiant can be asked. It's a somewhat serious professional issue and embarrassing for Ty. It is however a non issue with regards to the trial. Contrary to what you see on TV the law is actually pretty forgiving of clerical fuckups of various sorts. Including people taking stupid shortcuts to meet deadlines.

That's the thing though Lemoine is claming Ty,Chris,Vic and Chuck, all committed the fraud, not just Ty. Which given the layperson's knowledge of notaries and the fact Ty is a lawyer, is an extremely exceptional take on it. Lemoine should have just stuck to Ty committing the fraud.

 

[X Prime]

It's a somewhat serious professional issue and embarrassing for Ty. It is however a non issue with regards to the trial. Contrary to what you see on TV the law is actually pretty forgiving of clerical fuckups of various sorts. Including people taking stupid shortcuts to meet deadlines.

You are responding to someone who joined just today, and whose first post is an immediate screed here on so-called e-celeb lawyers and concern trolling.

In other words, the thread is being concern trolled.

 

[mindlessobserver]

I'm going to hazard a guess, from some of your phrasing that you are not a US native? As you say "The Notary Profession differs in form and function from country to country". In the US it isn't "a profession". It is quite literally a $50 fee to become a Notary. Notaries are not the import touchstone of civil contracts such as they are in Latin American traditions. Their only purpose is to validate your signature by witnessing it. They are responsible to you the signer. At best Ty fucked up his $50 Notary license. Which is embarrassing. Lemoine can submit a complaint to the board. But it is something entirely outside the scope and nature of the litigants proceedings. At best this is an error in form. And a non prejudicial one. Nothing has gone on the record or before the jury. Lemonheads cries of FRAUD are bullshit. Lemonhead does not actually have standing to question the signatures. Only those who signed can do that. If Lemonhead has a question of problem with the document, the Affiant can be asked. It's a somewhat serious professional issue and embarrassing for Ty. It is however a non issue with regards to the trial. Contrary to what you see on TV the law is actually pretty forgiving of clerical fuckups of various sorts. Including people taking stupid shortcuts to meet deadlines.

Something many people outside the US (and the UK, lets be fair) fail to understand about common law courts. The Judge is essentially God until a Jury is empaneled. He can do whatever he wants, within the confines of what the more important gods like him direct. The goal of pre-trial within common law, and in particular American common law, is to get the case before a citizen jury in a flawless manner. Mistakes are expected. But mistakes in pre-trial don't end things. Only mistakes in trial. Before the jury. Chupp's job is to get this in front of the Jury, if it is something a Jury needs to hear. If someone makes a mistake in front of him, his job is to make sure it is corrected if possible. In this case, it is very correctable. Hell it was corrected without him. So it doesn't matter.

 

[No One Important]

Friday is make or break on whether this trial moves forward then?

Assuming either side appeals whatever the decision is, we may have a lot more waiting to suffer/enjoy.

 

[Beavis]

Friday is make or break on whether this trial moves forward then?

Assuming either side appeals whatever the decision is, we may have a lot more waiting to suffer/enjoy.

The judge probably won’t decide until late September or October regarding the TCPAs. Whichever way this goes it’ll be appealed. If this shit show ever sees court it might not be until 2021.

 

[MemeGray]

quiet telling

I'm quiet surprised

shitposted quiet a long

Quite, the word is quite.

Also I have no knowledge of Notaries or how they work but am curious as to the benefit of a notarized affadavit and an unsworn declaration.

 

[Jewelsmakerguy]

The fact that they're celebrating the one fuckup from BHBH when the defense has been nothing short of a tire fire from the start only tells me they're pants-shittingly horrified at the thought of this going to trial. We already know Sean 'cucked by my faggot ass son' Schemmel and Chris 'breaking out the Sacred Ointment for the casting couch' Sabat are next in the firing line, but that's all we've found out with the defense playing all kinds of discovery games. What will we find when BHBH can go deeper into discovery? Chupp's probably going to slap them hard with all the games they've played so far after all.

I'm going to say it right now, Funimation ain't going to survive the next decade the way this shit's going. Either Gen, Toei or Sony (or one of the other Japanese licensees) are going to see the shit going down and demand their closure.

Of course, they could have avoided all this if they didn't make those accusations against Vic in the first place. But nope, I can only see this ending with flames. And obviously everyone high up in the company would want out before they too get sunk with it, and given Toei and Sony's own reputations with fans from all sides, that won't be easy.

 

[Imperial Agent]

Friday is make or break on whether this trial moves forward then?

Assuming either side appeals whatever the decision is, we may have a lot more waiting to suffer/enjoy.

It is technically possible the judge could rule on everything Friday, but incredibly unlikely, borderline impossible. As Beavis pointed out a more likely timeframe for TCPA ruling is late September, and the TCPA ruling is the part that is "make or break" for the case, although appeals are still possible.

Now it's worth noting we probably will get some different rulings on Friday. They are having hearings covering several topics, including striking motions, deny amending pleadings, etc...

It's likely some new information will come from it all.

 

[X Prime]

I'm going to say it right now, Funimation ain't going to survive the next decade the way this shit's going. Either Gen, Toei or Sony (or one of the other Japanese licensees) are going to see the shit going down and demand their closure.

It won't be Gen, who is basically taking everything Sabat says at face value.

 

[Jewelsmakerguy]

It won't be Gen, who is basically taking everything Sabat says at face value.

Of course he is. Because Sabat is basically the guy under Gen at this point.

So I guess it'll be either Toei or Sony then.

 

[No One Important]

I'm going to say it right now, Funimation ain't going to survive the next decade the way this shit's going. Either Gen, Toei or Sony (or one of the other Japanese licensees) are going to see the shit going down and demand their closure.

Of course, they could have avoided all this if they didn't make those accusations against Vic in the first place. But nope, I can only see this ending with flames. And obviously everyone high up in the company would want out before they too get sunk with it, and given Toei and Sony's own reputations with fans from all sides, that won't be easy.

I thought Gen sold most of Funimation to Sony. If he were smart he'd sell whatever stake he has left and retire somewhere nice, while Funimation is still currently worth something.

 

[I can't imagine]

Quite, the word is quite.

Also I have no knowledge of Notaries or how they work but am curious as to the benefit of a notarized affadavit and an unsworn declaration.

For this specific situation, not really much of any benefit. I'm not sure what, if any, exceptions exist in Texas, but affidavits are expected to be notarized before being admitted as evidence for trial; that shouldn't matter for the TCPA filing specifically, though. It should be enough to have the unsworn declaration.

 

[WarJams]

If he were smart he'd sell whatever stake he has left and retire somewhere nice, while Funimation is still currently worth something.

And to that effect he covers up all of the wrongdoings by Sabat and his ilk to protect his stock until he's all the way out the door?

 

[Legioneer]

It doesn't matter that he's withdrawn the documents, that doesn't eliminate the crime itself.

Any crime does not happen automatically on the basis of circumstances. Only a few of them (murder, for example).

If you know where your friend keeps his spare keys, you went to his house when he was on vacation and took something you needed, whether it was a crime or not, depends on what your friend thinks. And it doesn't even depend on whether you've forgotten to tell him later. Only on how he'll evaluate it when he finds out all the circumstances.

It's the same with the documents. If you went on behalf of your parents to do some paperwork in another state and found out in the process that you'd forgotten something, and you cut off some corners, it might as well not be a crime. The documents have to be thrown away, the result of the action has to be canceled, parents may suffer from it, but if they don't want to press charges against you, it's their right. If you broke the procedure, but not to deceive on the merits, it's a much less serious violation. So if you could do the right thing and the result would be the same - the fact that you're a lazy ass doesn't automatically make you a fraud.

If there are no victims or victims do not want to press charges, many crimes are no longer crimes. And that's how it works in different places around the world.

For some reason, many people are neglecting this fact for already 30 pages.

 

[N1bbaN3rd]

There really hasn’t been anyone making a big deal of Ty “filing late” outside of Law Twitter.

And that's how we know that Twitter Lolyers aren't practicing (and if they are, they're probably shit at it).

I'm still on the fence about notarizetion, we don't know what happened and all 'facts' presented by jDolf is laughafable. So until proven otherwise....
What we are sure at this point is that attorneys billing MoRons for this stupid motions

Right now, the only opinion Ty needs to worry about at this time is Judge Chupp's. If what he did was just an honest mistake, Ty better be able to convince him of it.
The fact that he promptly withdrew the affidavits and replaced them with unsworn declarations may work in his favor.

 

[Freedom Fries]

Other than catching him at or the night before the hearing which seems preferable, why are people laughing at the motion for sanctions? Any lawyer worth hiring would absolutely fire off a motion for sanctions about the notary stuff and might as well include the late filing bit while he's at it. It seems like a rather good enough filing that gets the point across while asking for the moon. Asking for the moon while actually hoping for a slice of cheese isn't exactly a new practice in law.

I don't foresee this affecting Vic or necessarily affecting his case. I could definitely see Ty getting sanctioned over it and having to pay monetary damages commensurate with the time it took to suss out the interesting notarial practices and fees associated with filing something about it. I could also see this being bad for Ty's notary license. At least someone will finally be able to submit a good ethics complaint to the Texas Bar Association.

 

[RodgerDodger]

Quite, the word is quite.

Also I have no knowledge of Notaries or how they work but am curious as to the benefit of a notarized affadavit and an unsworn declaration.

All the Notary does is offer that "This Person did in fact sign This document". Without it you just have to take the person at their word that they in fact are the ones that signed the document that they claim to have signed. (See how fucking pointless this all is?) In this set of circumstances the Notary is protecting the person who signed the document, and nobody else. They aren't in any way putting the signer under oath. The signer does that themselves in their document. Literally the remedy for an un-notarized document is to ask the signer "did you sign this?"