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

[Legioneer]

I am trying to find it but did they resubmit Chuck Huber's sworn statement? And if yes what was it in?

Look in to Plaintiff's Second Amended Petition

https://kiwifarms.st/threads/victor...uctions-llc-et-al.55556/page-343#post-5274023

page 90

 

[10SorrowfulObject]

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.

TBH I thought that Lemoine only claimed that Ty was responsible, but you're correct. To the extent that the affiants were engaged in the misrepresentation then they are also accessories to a crime. I don't think the affiants will face any penalties for it, though.

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

That's not what Lemoine is asking for; he's asking for attorney's fees and to have the fraudulent affidavits withdrawn (I imagine this would also apply to the equivalent unsworn declarations).

You might say that the affidavits make his case. I don't think they do; I haven't seen a single thing in them that proves "actual malice" for any of the defendants when they wrote the allegedly defamatory statements.

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.

Whether he committed a crime depends on whether he had authorization to take the property.

Here it's pretty simple. Ty, a lawyer and notary can be safely be assumed to know that falsely notarizing a document is a crime. He knew that the affiants were not in his presence when the document was notarized. Therefore; he committed a crime.

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.

And this is the difference between... whatever paperwork you're talking about, and notarizing a document. False notarization is unlawful.

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.

It is completely incorrect say that crimes without victims, or crimes where victims do not want to press charges are no longer crimes. A victimless crime is still a crime, and a crime where the prosecutor decides not to file charges is still a crime.

The difference is that charges are not being filed.

 

[Legioneer]

Whether he committed a crime depends on whether he had authorization to take the property.

Here it's pretty simple. Ty, a lawyer and notary can be safely be assumed to know that falsely notarizing a document is a crime. He knew that the affiants were not in his presence when the document was notarized. Therefore; he committed a crime.

Just no.
If you didn't do something, you' re not guilty per se. If you did something, but the other side doesn't mind, you're might be still not guilty.

If you had a fight with another man and he filed a police report, you have problems.
If you had a fight with another man and he doesn't want to make a complaint, you're not guilty.
Even hitting people on the street isn't illegal by default. It`s depends on what a particular person thinks about it, with whom you had a fight.

You're oversimplifying things. The law can't work the way you describe it. It's just impossible. The law is not a computer program.

 

[Super Smelly Vagina]

The rule 11 agreement says nothing about taking a shit. Did Lemoine violate the rule 11 agreement last time he took one?

I doubt Lemoine has taken a shit in the past decade.... That would help explain his actions.

 

[Apterigo]

Oh hey, for whoever was saying Ty violated rule 63, Nick just addressed that in stream saying that apparently a TCPA hearing is not considered a "trial" under rule 63 or at least there's no case law that exists supporting that. This would mean Ty doesn't need to worry about filing stuff 7 days before a trial because the TCPA hearing isn't a trial.

We also already know he didn't violate the rule 11 agreement since an amended petition was not part of the rule 11 agreement, so I'm leaning more towards this being a complete nothingburger in the long run.

EDIT: Adding in obligatory IANAL and request that either someone more knowledgeable weigh in or that someone who knows where to look can pull up relevant documentation

 

[AStupidMonkey]

Oh hey, for whoever was saying Ty violated rule 63, Nick just addressed that in stream saying that apparently a TCPA hearing is not considered a "trial" under rule 63 or at least there's no case law that exists supporting that. This would mean Ty doesn't need to worry about filing stuff 7 days before a trial because the TCPA hearing isn't a trial.

We also already know he didn't violate the rule 11 agreement since an amended petition was not part of the rule 11 agreement, so I'm leaning more towards this being a complete nothingburger in the long run.

Though, it might preclude a motion for leave to amend. Which Ty may have requested in-alternate. But I'm too lazy to look right now.

 

[Legioneer]

From the document that Nick reads on stream right now.
The plaintiff is less like Tom Hanks and George Clooney, but more like Harvey Weinstein and Jeffrey Epstein.

The argument that he is a public figure.

Oh, my God! They should have written right away:
Vic is less like Hanks and more like Hitler!

 

[5t3n0g0ph3r]

J. Sean Lemoine's Letter to Judge Chupp with the Black Binders:

 

[Legioneer]

J. Sean Lemoine's Letter to Judge Chupp with the Black Binders:

In many countries, blue means homosexual. And everywhere green means eco-activists.
A very interesting choice of colours for segregation by Lemoine.

White Jamie Marchi’s (supremacy).
Blue Funimation (Chris Sabbat secret ointment)
Green MoRonica (save the whale)

Black Vic (black face supported him)

/just joking

 

[AStupidMonkey]

J. Sean Lemoine's Letter to Judge Chupp with the Black Binders:

Seems like not only a dick move, but an inadmissible ex-parte ambush.

I doubt C.C.ing everyone that you're sending the judge secret evidence is sufficient to justify raising it later at the hearing.

Did the mosquito finally eat through Lemon Fuhrer's ear canal and reach his brain?

 

[Zbk3VmLfujjzjxBd43tL]

Let's be honest about the notary shit, if that were J. Sean who fucked up like that, this thread and main Weeb Wars thread would have a dozen-plus pages of posts about how Vic has automatically won and Mosquito Fuhrer's inevitably disbarment at best but mostly his future prison sentence, and probably at least one person trying to accuse his affiants of being in on the fraud and talking about their prison time too. Nick would have to calm people down about what it meant on his stream but would spend an hour-plus tearing his West Nile-ravaged asshole a new one on stream.

This is a fantastic reminder to what keeps being repeated (but seems often ignored) "no court case is a 100% win" and when Nick says "don't totally ignore what other lawyers have to say, since they're licensed professionals." Kiwifarms should not be ISWV PULL or the Spednaught with puzzle pieces and trash cans instead of bans for questioning the narrative.

 

[HTTP Error 404]

Seems like not only a dick move, but an inadmissible ex-parte ambush.

I doubt C.C.ing everyone that you're sending the judge secret evidence is sufficient to justify raising it later at the hearing.

Did the mosquito finally eat through Lemon Fuhrer's ear canal and reach his brain?

Are they desperate enough to try and manipulate the judge?

 

[tds]

Well, well, well!

Who would have thought?

View attachment 923179

"ANN spoke with multiple (former) employees of Fumination".
Let me guess... Kara Edwards, Jamie Marchi, Monica Rial, Sean Schemmel, Samantha Inoue-Hart , etc...

 

[AnOminous]

In many countries, blue means homosexual. And everywhere green means eco-activists.
A very interesting choice of colours for segregation by Lemoine.

White Jamie Marchi’s (supremacy).
Blue Funimation (Chris Sabbat secret ointment)
Green MoRonica (save the whale)

Black Vic (black face supported him)

/just joking

Something like this could work for someone maybe but not West Nile. It's just obvious sucking up.

It vaguely reminds me of Saul Goodman bringing little bribes to the secretaries at the courthouse.

 

[AStupidMonkey]

Are they desperate enough to try and manipulate the judge?

If he wants to stay Lawful/Neutral, I guess he could just set the whole parcel aside and open it at the hearing.

But from the sounds of it, that would eat up the whole hearing. Which it literally sounds like it's intended to do. He even tried to pull Casey's "I GET TO GO FIRST" card.

EDIT: Also, is this unusual? To make the Plaintiff go last, when they should be making their case for the defendants to try and defeat? Though, it IS the TCPA, and the defense IS the moving party... so maybe that's fine. Either way, I hope Judge Chupp splits the time in half so that neither party can eat the whole hearing.

 

[AnOminous]

EDIT: Also, is this unusual? To make the Plaintiff go last, when they should be making their case for the defendants to try and defeat? Though, it IS the TCPA, and the defense IS the moving party... so maybe that's fine.

It's a strong advantage. Generally, the party with the burden gets to answer last. TCPA is weird in that the burden starts with the defendant (to establish the applicability of the TCPA) then shifts to the plaintiff (to establish a prima facie case). Then, though, it shifts to the defendant again (to establish any affirmative defenses).

In any event, whoever talks last gets the last word, and gets to have it after everyone else has spoken, so they can respond to everything without any further rebuttal.

 

[Tour of Italy]

You might say that the affidavits make his case. I don't think they do; I haven't seen a single thing in them that proves "actual malice" for any of the defendants when they wrote the allegedly defamatory statements

Except both affadavits literally state that the defendants claimed that criminal charges were incoming. This is a blatant lie, and they had to know it was a lie, which is enough to prove malice. Nice try.

 

[LobotomizedFerret]

Let's be honest about the notary shit, if that were J. Sean who fucked up like that, this thread and main Weeb Wars thread would have a dozen-plus pages of posts about how Vic has automatically won and Mosquito Fuhrer's inevitably disbarment at best but mostly his future prison sentence, and probably at least one person trying to accuse his affiants of being in on the fraud and talking about their prison time too. Nick would have to calm people down about what it meant on his stream but would spend an hour-plus tearing his West Nile-ravaged asshole a new one on stream.

This is a fantastic reminder to what keeps being repeated (but seems often ignored) "no court case is a 100% win" and when Nick says "don't totally ignore what other lawyers have to say, since they're licensed professionals." Kiwifarms should not be ISWV PULL or the Spednaught with puzzle pieces and trash cans instead of bans for questioning the narrative.

What thread have you been reading? because this one has been filled with people criticizing Ty for fucking days. This place isn't a hugbox, don't make it out to be one just because people disaggre with the severity of Ty's fuckup.

 

[AStupidMonkey]

What thread have you been reading? because this one has been filled with people criticizing Ty for fucking days. This place isn't a hugbox, don't make it out to be one just because people disaggre with the severity of Ty's fuckup.

But there's not ENOUGH of them! We have to be EQUAL or it's not FAIR! If you don't change your ratings RIGHT NOW, then you're an FANBOY and a INCEL!

I mean. Seriously. Where have we heard this shit before?

 

[ES 195]

Let's be honest about the notary shit, if that were J. Sean who fucked up like that, this thread and main Weeb Wars thread would have a dozen-plus pages of posts about how Vic has automatically won and Mosquito Fuhrer's inevitably disbarment at best but mostly his future prison sentence, and probably at least one person trying to accuse his affiants of being in on the fraud and talking about their prison time too. Nick would have to calm people down about what it meant on his stream but would spend an hour-plus tearing his West Nile-ravaged asshole a new one on stream.

This is a fantastic reminder to what keeps being repeated (but seems often ignored) "no court case is a 100% win" and when Nick says "don't totally ignore what other lawyers have to say, since they're licensed professionals." Kiwifarms should not be ISWV PULL or the Spednaught with puzzle pieces and trash cans instead of bans for questioning the narrative.

I don't think people are disregarding Lemony Snicket because they're pro-Vic, at least not me, just disregarding him because of his current track record. Admittedly I'm biased here but considering how Ty has acted and LeFuror has acted, there's more reason to believe Lemoine would pull something dirty than Ty. Again it's all optics and Ty could be a sneaky piece of shit but he's been playing the optics game well so he gets the benefit of the doubt from me.