TCPA Hearing 9/6/19 - Marchi ran from the Law, TI crumbles, conspiracy still on the table, and collective autism from all sides.

[blackduck]

tbh I never really cared about Vic. I'm only disappointed because the funi leaks are definitely gonna slow down now and the target is probably off Sabat's back as well. Unless SJWs decide to put him at the top of the staircase or whatever after this but I doubt it.

 

[Commander]

So if you can get more then 20 people to sit behind a plaintiff in a lawsuit they become a LPPF, yea that doesn't work in any reality.

Guess you can just march tons of people in to win a hearing.

If I were in Ty's shoes, I would have immediately argued that the interest in the case is not about Vic but the controversy statements made by the defendants and actions that sparked most of the attention. Vic did not have significant support originally. In other words, it is the lawsuit that attracted the attention and not Vic. I would have prepped heavily on this since this kind of sparked a lot of attention.

 

[Random Internet Person]

So Chupp couldn't handle the absurd filings of Ty and Fuhrer Lemwah, so he tries to cancel the case out of malice/force appeals.

That makes Ty look less exceptional at least.

Doesn’t make things any less depressing. And here’s the thing: the appeals judges could be worse. Hell, appeals courts was where they overruled Trump on repealing Obama era policies.

 

[ES 195]

have to wait for the transcript but oh man, ty saying "we’ve met the prima facie minimum," and Chupp saying no is pretty embarrassing.

I'm annoyed as far as this goes legally but Chupp seems like a funny guy. He just really doesn't want to deal with this shit and I can respect that.

Doesn’t make things any less depressing. And here’s the thing: the appeals judges could be worse. Hell, appeals courts was where they overruled Trump on repealing Obama era policies.

It gives Ty a chance for a do-over though and I don't think he would mess around the 2nd time.

 

[Dopey Cunt]

So Chupp couldn't handle the absurd filings of Ty and Fuhrer Lemwah, so he tries to cancel the case out of malice/force appeals.

That makes Ty look less exceptional at least.

That seems a little odd.
I don't understand why Chupp couldn't just say that he didn't want to be assigned to this and instead go through all of that just to get appealed or removed.

 

[Sheryl Nome]

If I were in Ty's shoes, I would have immediately argued that the interest in the case is not about Vic but the controversy statements made by the defendants and actions that sparked most of the attention. Vic did not have significant support originally. In other words, it is the lawsuit that attracted the attention and not Vic. I would have prepped heavily on this since this kind of sparked a lot of attention.

you can prep all you like, once the judge has decided he's decided.

 

[Markorian]

If I were in Ty's shoes, I would have immediately argued that the interest in the case is not about Vic but the controversy statements made by the defendants and actions that sparked most of the attention. Vic did not have significant support originally. In other words, it is the lawsuit that attracted the attention and not Vic. I would have prepped heavily on this since this kind of sparked a lot of attention.

I highly doubt Ty could have done anything today short of providing incontrovertible proof good enough for immediate summary judgement that would have changed today's outcome. Chupp came in today planning on striking everything, evidence be damned.

 

[LawTwitter is Dumb]

I highly doubt Ty could have done anything today short of providing incontrovertible proof good enough for immediate summary judgement that would have changed today's outcome. Chupp came in today planning on striking everything, evidence be damned.

Would've needed intervention from god for this one, since the judge seemed ready to just strike and summary judge everything in a hearing not meant for that.

 

[Random Internet Person]

I highly doubt Ty could have done anything today short of providing incontrovertible proof good enough for immediate summary judgement that would have changed today's outcome. Chupp came in today planning on striking everything, evidence be damned.

KV must think he’s God incarnate then. Vic is so fucked if that’s his mentality. Also fucked: the anime industry.

 

[Hakuba Gaijin]

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

View attachment 925862

I'm no big city lawyer, but that seems like a massive mistake on Beard's part. Surely if your goal is to show an interference in a contract, your first port of call should be to submit into evidence a copy of the contract that you are allegeding is being inteferrred with.

 

[WhimsicalTrolli]

So the prima face plan was thrown out and chupp was being difficult. Hopefully appeals work out.

 

[RogerSmith77]

The thing to do with arrogant asshat judges like Chupp is that when they start going down the arrogant asshat train, you start getting them to make admissions on the record. What Ty did by point blank asking the Judge if not being able to secure a signature on affdavit from one of the conventions was enough to lose the TCPA was a great example of this. This is directly in contrast with what the TCPA statute calls for and Ty knows this. The judge probably knows this, which is why he answers with "maybe ." If I'm filing the appeal, I then go back and tell the court of appeals the law and further show them the judge making statements contrary to the law in his decision. It's real easy on my part and really embarrassing on the arrogant asshat judges part when his opinion is eviscerated by the appellate court's.

 

[AnIncredibleDerp]

In Nick's recent streams leading up to this, it felt like he was trying to distance himself from his past opinions about how royally fucked the defendants were (i.e. comments like "even if Vic loses the TCPA, we were still able to get these leaks out and bring the truth about Funimation to light.") He probably saw the writing on the wall the minute Ty fucked up on the deadline.

Don't think the deadline's the issue. It was ignored by the judge and the affidavits referred to just fine. He probably started to realize shit was bad when he struck a whole bunch of Ty's motion to dismiss.

 

[wickedlilium]

If I were in Ty's shoes, I would have immediately argued that the interest in the case is not about Vic but the controversy statements made by the defendants and actions that sparked most of the attention. Vic did not have significant support originally. In other words, it is the lawsuit that attracted the attention and not Vic. I would have prepped heavily on this since this kind of sparked a lot of attention.

The issue is Ty was only going in under the idea of Prima Facie case, so prepping for anything else becomes pointless, the only time Chupp came off as possibly against Ty was September 2nd when you struckhis July 24th motion. Chupps actions in court honestly seemed normal TBH especially when you look at how Casey was acting leading up the discovery day.
I do agree though that he should've had some things planned to swat the public figure states, but not heavily.

Don't think the deadline's the issue. It was ignored by the judge and the affidavits referred to just fine. He probably started to realize shit was bad when he struck a whole bunch of Ty's motion to dismiss.

only 1, and it was September 2nd leaving Ty no room to change or alter anything as Rule 63, and Rule 53 doesn't allow any additions, just changes within reason. Ie sworn to unsworn affidavits, and additions to already files tweets/text/ect

 

[murdered meat bag]

Don't think the deadline's the issue. It was ignored by the judge and the affidavits referred to just fine. He probably started to realize shit was bad when he struck a whole bunch of Ty's motion to dismiss.

that incomplete transcript just posted shows Chupp took issue with the late filling.

Spoiler

Judge Chupp: So this rule 11 agreement. Why didn’t you file on August 30th?
Ty Beard: The amended pleadings don’t contain any surprises. The only difference is the affidavits were withdrawn for defects in form and resubmitted as unsworn declarations. (I’m not sure what all he said. It was a lot of words and they were hard to hear)
John Volney: That’s not true.
Judge Chupp: It looks like a violation of the rule 11 agreement. If you wanted me to consider it you should have filed by August 30th.
Ty Beard: All we did was replace defective affidavits and replace them with unsworn declarations.
Judge Chupp: I’ll be clear. You were told you had defective affidavits. Instead of supplementing, you withdrew the motion to strike and then filed an amended motion to strike on the third.
Ty Beard:
Judge Chupp:
Ty Beard:
Judge Chupp: Then just say, “Yes.”
Ty Beard: I didn’t think it would violate the rule 11 agreement.

 

[Commander]

I highly doubt Ty could have done anything today short of providing incontrovertible proof good enough for immediate summary judgement that would have changed today's outcome. Chupp came in today planning on striking everything, evidence be damned.

I'm no fool in knowing this was something really out of Ty's power. I'm sure Lemoine is flustered as well. I do not think Ty is a bad attorney like most people are pointing it out, but more like he made a terrible calculation trying a last minute filing and bit him in the ass on one piece. Then he couldn't give an understanding of the law to Chupp leaving both on different pages making for a rather embarassing display of law. Chupp wanted hard proof and when Ty couldn't show, it was dismissed.

 

[Zero Day Defense]

KV must think he’s God incarnate then. Vic is so fucked if that’s his mentality. Also fucked: the anime industry.

If the (American) anime industry buries a man whose worst crime is cheating on his fiancée who later gossiped about him about to have criminal charges that never materialized pressed against him-- inherently trivializing sex crimes in the process--while in any way exonerating this degenerate, incestuous, and orgiastic clown circus with too many confirmed transgressions to succinctly list, I've said it before and I'll say it again: it can burn.

 

[WhimsicalTrolli]

The thing to do with arrogant asshat judges like Chupp is that when they start going down the arrogant asshat train, you start getting them to make admissions on the record. What Ty did by point blank asking the Judge if not being able to secure a signature on affdavit from one of the conventions was enough to lose the TCPA was a great example of this. This is directly in contrast with what the TCPA statute calls for and Ty knows this. The judge probably knows this, which is why he answers with "maybe ." If I'm filing the appeal, I then go back and tell the court of appeals the law and further show them the judge making statements contrary to the law in his decision. It's real easy on my part and really embarrassing on the arrogant asshat judges part when his opinion is eviscerated by the appellate court's.

It seems that verbal contracts was legal but the judge just throws it out. Ty should've brought up that Vic had to be separated and paid out of pocket for security.

 

[Lens Serial# 0000713d7c]

Thanks for the transcripts @FreshKolbasa

If this is semi-accurate it's very disappointing. I think most thread regulars could have given these answers.

To "how much" :"Given the pattern of earnings Plaintiff received at the following conventions this year

based on their duration and number of attendees, we can derive a blended figure of $0.03/attendee/days for expected convention earnings, accounting for the appearance fee paid by the convention and the signing monies paid by the attendees. Applying that figure to the canceled appearances, with a total of 230,000 attendees and a duration of 41 days yields a sum of at least $300, 000 as a conservative estimate."

To "how do you get affidavits": "Discovery is currently stayed your Honor, but given Mr. Slatosch's frank disclosures of defendant's attempts to coerce him and induce a breach of contract, we are confident of receiving a complete set of affidavits within 60 days post-TCPA"

@KEK7go can we get a verification from discord this is how it actually went down?

 

[Notgoodwithusernames]

Given how some people have taken today’s news I wouldn’t be surprised if one of the more autistic iswv members goes postal and attempts to murder Monica and Ron (honestly part of me is hoping for this).