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

[10SorrowfulObject]

No. It's even better. They just don't have the right to ask all these questions in court.
They will have this right only if one of the signatories is suddenly out of reach or out of the world of the living (God forbid).

In all other cases, secrecy of this conduct is protected by law (work-product immunity). Ty knew this, so he just doesn't care.

Also, I think you waive the work-product privilege once the work product is disclosed to outside parties.

No. The attorney-client privilege has the crime-fraud exception, where any conduct taken to further a crime (like signing fraudulently notarized document) does not have immunity.

I was about to make that point too. The TCPA has an automatic discovery stay, they can't subpoena shit without the court's permission. It's a chickenshit move and probably sanctionable behavior on the part of Lemoine.

The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

 

[Sheryl Nome]

No. The attorney-client privilege has the crime-fraud exception, where any conduct taken to further a crime (like signing fraudulently notarized document) does not have immunity.


The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

Lemoine has no power to do anything about that.

 

[Snotty Mouth]

What if him signing as the Plaintiff is a hint? What if he's going to push for Ty to be arrested for notary fraud while at the courthouse? Which is why they're having the reporter lady be there?

You really should put a "/sneed" for sarcasm somewhere, otherwise some special kind of people might think you're serious

The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

See?

 

[fat ugly sped]

The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

From https://statutes.capitol.texas.gov/Docs/CP/htm/CP.27.htm#27.003

(c) Except as provided by Section 27.006(b), on the filing of a motion under this section, all discovery in the legal action is suspended until the court has ruled on the motion to dismiss.

All discovery means all discovery. The only exception is if they get court permission for discovery related to the TCPA motion itself.

 

[I can't imagine]

The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

If it's discovery for a completely different, criminal act that has neither been investigated by the police or prosecuted by the state to be held in a pre-trial motion for dismissal, the level of "not okays" in there is beyond my calculation.

 

[Cakeisjustok]

If it's discovery for a completely different, criminal act that has neither been investigated by the police or prosecuted by the state to be held in a pre-trial motion for dismissal, the level of "not okays" in there is beyond my calculation.

It contains all the Not Ok's that exist. Not to mention asking the client to testify on his interactions with his lawyer. Oh and less then 24 hour notice?

 

[solidcloud]

Ok, so my next question is why did Monica and Ron let themselves get deposed before dropping the TCPA?

 

[Sheryl Nome]

Ok, so my next question is why did Monica and Ron let themselves get deposed before dropping the TCPA?

Because they really wanted to depose Vic and then file the TCPA, but that was obvious the Ty refused to allow them to depose Vic first (which they had no right to do), unless they agreed to not file the TCPA until after the initial 3 depos.

And then they went to a motion hearing, and the court ordered just that.

 

[Legioneer]

No. The attorney-client privilege has the crime-fraud exception, where any conduct taken to further a crime (like signing fraudulently notarized document) does not have immunity.


The TCPA discovery stay applies to discovery for the action being challenged. I don't know that it applies to a party wanting to figure out the truth of a fraudulent filing made to the court.

This signature protects the client, not the opposing party.
The opposing party will be able to cross-examine the living witness in the courtroom.

The signature is needed to protect the client from the event, when the witness in the courtroom will say, that this is the first time he sees this text in his life. That is, all signatures in the documents are necessary for Ty to protect the interests of Vic.

Therefore, the idea that with the help of the charge of fraud (fraud against Vic) it is possible to overcome the privilege of Vic and his lawyer is a new word in law.

 

[Padoru]

Ok, so my next question is why did Monica and Ron let themselves get deposed before dropping the TCPA?

because they were stupidly letting Casey do the talking and he literally made it clear that he wanted to depose Vic first and then immediately file TCPA. Ty saw through that and got Chupp to tell both of them off sayin "Everybody gets deposed and before that happened no TCPA may be filed". Stipulation being that Vic gets deposed first anyways which Ty literally didn't give a fuck about


Edit: Cougar'ed. Heh guess there's a first time for everything °J°

 

[solidcloud]

Ok. Was there no way to get Marchi’s? I don’t remember her filing her TCPA until the deadline. Did she play discovery games as well?

 

[The Wisdom of Bassets]

Ok. Was there no way to get Marchi’s? I don’t remember her filing her TCPA until the deadline. Did she play discovery games as well?

IIRC discovery was frozen before she got deposed.

 

[Cakeisjustok]

Ok. Was there no way to get Marchi’s? I don’t remember her filing her TCPA until the deadline. Did she play discovery games as well?

Normally none of the depos would have been done before TCPA. It was out of the norm to do them for any party first and that's because Casey insisted they depose Vic before it.

 

[instythot]

If it's discovery for a completely different, criminal act that has neither been investigated by the police or prosecuted by the state to be held in a pre-trial motion for dismissal, the level of "not okays" in there is beyond my calculation.

Further to this, Chupp is prepared to hold a hearing on defamation, first amendment and a little tortious interference in civil court. There is no way, if he even allows a criminal matter to be raised, that he's hearing a criminal matter without first familiarizing himself with the relevant statutes

 

[Sheryl Nome]

Further to this, Chupp is prepared to hold a hearing on defamation, first amendment and a little tortious interference in civil court. There is no way, if he even allows a criminal matter to be raised, that he's hearing a criminal matter without first familiarizing himself with the relevant statutes

I'm fairly certain there's no way for a private individual to prosecute a crime in texas.

 

[Dr. Geronimo]

Ok gang, since everyone is getting tired of this notary nonsense let's play a new game. Let's say Ty get through this and (gasps) wins all the TCPA motions, and this allows him to depose people again. Who would you want to see depose Marchi and Sabat? I'd personally want Ty to do it because I don't want to hear none of the girly shit like at Monica's.

 

[Urbanmech]

Ok gang, since everyone is getting tired of this notary nonsense let's play a new game. Let's say Ty get through this and (gasps) wins all the TCPA motions, and this allows him to depose people again. Who would you want to see depose Marchi and Sabat? I'd personally want Ty to do it because I don't want to hear none of the girly shit like at Monica's.

Is discovery allowed if they appeal the TCPA?

 

[Dr. Geronimo]

Is discovery allowed if they appeal the TCPA?

I don't know honestly, I just though it was a fun thing to talk about.

 

[instythot]

I'm fairly certain there's no way for a private individual to prosecute a crime in texas.

I have no doubt that this is correct everywhere that common law is used.

My point was going towards that no man can know the whole of the law at any given time, so if any parties try to raise issues the judge isn't expecting, the likely response is "what? No, that's not the question I'm here to resolve. You're not sneaking that in today"

 

[AnOminous]

If it's discovery for a completely different, criminal act that has neither been investigated by the police or prosecuted by the state to be held in a pre-trial motion for dismissal, the level of "not okays" in there is beyond my calculation.

It isn't. It's captioned as in case 141-307474-19. It lists Vic as "Plaintiff Victor Mignogna." Then it lists Lemongrab as "Attorney for Plaintiffs."

That's the case that's stayed, and he knows it because he filed the motion that stayed it himself. A stay is a ruling of the court. He is violating a court ruling that the court put in place due to a motion he personally filed. He should be sanctioned or held in contempt.