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

[Allanon]

Marchi is purging evidence as we speak. Discovery for her is gonna be a bitch if appeal goes through.

I'm no lawyer but, I don't think she is required to retain records anymore.

Sure, but Discord and Twitter keep records even if she deletes it, right? So they can still grab it on appeal. She can't protect herself.

 

[BimWitted]

Are you being deliberately dumb or have you never followed a legal case before ever?

I haven't followed cases before, I'm not even in the US. I am pretty dumb though. :p
I'm just going off what some people say here. E.g.
The case against Marchi was never strong.
In the appeal they can only use the evidence that was allowed in the hearing (no second amended filing).
The appeal does pause having to pay, but appealing will increase what Vic will have to pay if the appeal fails.
Marchi probably doesn't have much money to take anyway.

I'm not a lawyer. I'll wait to hear from Nick/Ty about what they'll do, and if it's worth it. You're probably right and they will. I'm just saying we don't know what's going on in Ty's/Vic's heads.

 

[Secret Asshole]

Like I said, I believe the purpose of the lawsuit has been fulfilled. So it doesn't matter if they lose.

That being said, I'd rather them lose on the merits rather than some dumbfuck faggot judge ignoring the law and rushing them out.

 

[Done]

I continually laugh at anyone who thinks that big shot companies like Toei will care about some spergtastic internet flame war that's happening in another country and cancel a business relationship that made them tons of money, with said relationship being with SONY (which is still one of the biggest Japanese companies). At best they will recast some VAs in some shows, at very best.

Don’t you understand why I mention Vic needing to be on suicide watch? He was prescribed antidespressants, his reputation is in tatters, he might be driven into financial ruin, and he’ll be forced to watch as his fans abandon him and his career suffers a Joseph Stalin. And then croc tears (and maybe actual tears) that have been months in the making.

I don't get this post, are you arguing that he's actually very sad, or that he's playacting that he's very sad (because you mentioned croc tears)?

For the record, I think the anti-depressants thing is just a way for him to prove that he suffered emotional damages or whatever.

I hope this will be a wake up to Vic at least that you can't be nice to these people. They were never really his friends and they want to destroy his life. Time to go for the jugular Vic.

LMAO so suing people is still being nice to them? Are you living in the real world?

This has already reached the point of everyone not being nice to everyone.

Sure, but Discord and Twitter keep records even if she deletes it, right? So they can still grab it on appeal. She can't protect herself.

@AnOminous Honest question, can you even add brand-new evidence to an appeal? or do you have to work with whatever you got in the 1st round?

The appeal does pause having to pay, but appealing will increase what Vic will have to pay if the appeal fails.

I believe he has to pay a bond for whatever sanctions/lawyer fees he has accrued in the 1st go round as a prerequisite for appealing (he gets it back if he wins on appeal).

So no, either way, he has to pay in some fashion.

 

[KingofNothing]

I continually laugh at anyone who thinks that big shot companies like Toei will care about some spergtastic internet flame war that's happening in another country and cancel a business relationship that made them tons of money, with said relationship being with SONY (which is still one of the biggest Japanese companies). At best they will recast some VAs in some shows, at very best.

Yeah, I doubt Toei is going to cut ties with Sony(whoever said that is dumb), but they are definitely paying attention to this lawsuit though and with one of the Japanese Va's determined to wave the Funimation audio leaks in Toei's face, some of the Va's are getting a spanking once things are settled with the lawsuit

 

[JusticePhoenix]

Maybe if Ty had spent those nights sleeping instead of being on Nick’s show until 2-3 am (they’re in the same time zone), he might have been more refreshed/had a clearer head later in the morning.

There’s no way to predict how the judge would have reacted so don’t give me any “did you expect Ty to have ESP?” horseshit. However, it’s patently obvious that there were some missed opportunities here that could have been taken advantage of. After this setback, I would expect him to go whole hog.

He's done his job to the point needed before going on Nick's Stream, people who are saying he needs to get off stream are stupid, plain and simple. It would have changed absolutely NOTHING. Chupp literally had his mind made up and Ty despite his efforts couldn't change that.

 

[Jin Tonica]

As much as I am enjoying how everyone is reacting to the dismissals at the hearing. This John Kelly guy has been non-stop asshurt over Nick not wanting to do a stream with him he has now gone full #kickvic and decided to do a gloating/winning stream about all this.

He's a lolcow and it's related so I thought others might wanna laugh at him with me

Archived https://www.diytube.video/video/the-implosion-of-ty-beard

 

[Mr Florida Man]

Has anyone found any transcripts for any other TCPA hearing? It'd be interesting to see how other Judges conducted things, and what evidentiary standard they demanded.

 

[Allanon]

I continually laugh at anyone who thinks that big shot companies like Toei will care about some spergtastic internet flame war that's happening in another country and cancel a business relationship that made them tons of money, with said relationship being with SONY (which is still one of the biggest Japanese companies). At best they will recast some VAs in some shows, at very best.


I don't get this post, are you arguing that he's actually very sad, or that he's playacting that he's very sad (because you mentioned croc tears)?

For the record, I think the anti-depressants thing is just a way for him to prove that he suffered emotional damages or whatever.

LMAO so suing people is still being nice to them? Are you living in the real world?

This has already reached the point of everyone not being nice to everyone.


@AnOminous Honest question, can you even add brand-new evidence to an appeal? or do you have to work with whatever you got in the 1st round?

I believe he has to pay a bond for whatever sanctions/lawyer fees he has accrued in the 1st go round as a prerequisite for appealing (he gets it back if he wins on appeal).

So no, either way, he has to pay in some fashion.

You misinterpret my statement. I mean if it gets appealed and she gets dropped back in they can grab it.

 

[Marco Fucko]

As much as I am enjoying how everyone is reacting to the dismissals at the hearing. This John Kelly guy has been non-stop asshurt over Nick not wanting to do a stream with him he has now gone full #kickvic and decided to do a gloating/winning stream about all this.

He's a lolcow and it's related so I thought others might wanna laugh at him with me

I wonder if he ever took that gay guy's advice to enlist or go back to school instead of trying to fake cry when getting out bantsed.

 

[Secret Asshole]

He's done his job to the point needed before going on Nick's Stream, people who are saying he needs to get off stream are stupid, plain and simple. It would have changed absolutely NOTHING. Chupp literally had his mind made up and Ty despite his efforts couldn't change that.

Pretty much. Did Ty fuck up? Sure. He's human. The main problem was that he went in expecting a TCPA hearing with no discovery and the judge expected discovery and a higher standard. Theres really no reason you should have to prepare for this, because that's extra expense for your client.

I mean, the judge expected him to prove conspiracy without considering the other individuals in the conspiracy. That alone is bullshit. Then you have him throwing out TI with basically saying the guy disinvited Vic because of Ron and Monica. He wanted the exact amount of damages, which is not required. How do you predict that shit?

 

[Garm]

Now, IANAL, but most of the Marchi material was definitively inadmissible because it was only in the second amended pleading, and it's understandable that said pleading wouldn't be accepted because it was submitted well after the TCPA response deadline. Should they appeal on Marchi's charges, there's still not much to go off of.

And that'd be fine. I think it'd be fine for BHBH because they already figured Marchi a highball given how much her involvement is dwarfed by Rial and Toye's by volume and Funimation's by magnitude. It'd be fine for the meta-objective of restoring Vic's reputation because Rial and Marchi associate so well and they covered for each other that if the former's still in and does get wrecked, it casts serious doubt on a Marchi that's already been demonstrating her contempt for her consumerbase since "Animegate". And I think it'd be fine, speaking as a spectator, because it'd definitely cause some friction between these "sisters".

It's also possible that Ty goes and punts it all the way through to the state Supreme Court on the basis of the TCPA itself if he can because the TCPA is dumb on its face. You can do it whenever you want up to a number of days regardless of whether or not you've actually started to participate in the case (via discovery), when you do it it stays all discovery, and then you have to have a hearing where you have to establish a prima facie case when you weren't allowed to do discovery for said case and wouldn't be able to, say, subpoena unfriendly witnesses, as an example.




...I mean, did you not see the first page of that TCPA response? I'm pretty sure he's let loose the dogs of war.

The dogs of war may be slightly dehydrated after being leashed for so long.

The TCPA seems a bit... Off. Vic has a pricy law firm working for him, the defendants are stupid enough to keep defaming the plantiff in public, Vic got lucky that one of the convention guys was honest enough to sign an affidavit and all the other small breaks he got just to have a judge slap it down.

I can't imagine the difficulty an average person facing competent defendants and apathetic contractors would have.

If Chupp was running the Oberlin case it would have gone:
"Can you give me a figure on what the protests cost you on a particular day?"
"No... That varies..."
"UNACCEPTABLE!"

 

[Mr Florida Man]

Has anyone found any transcripts for any other TCPA hearing? It'd be interesting to see how other Judges conducted things, and what evidentiary standard they demanded.

I just found this, looks like it's the Infowars TCPA hearing transcript.

http://infowarslawsuit.com/wp-content/uploads/2019/03/5-August-1-2018-Hearing-Transcript-De-La-Rosa.pdf

 

[Closeted_monkey]

Like I said, I believe the purpose of the lawsuit has been fulfilled. So it doesn't matter if they lose.

That being said, I'd rather them lose on the merits rather than some dumbfuck faggot judge ignoring the law and rushing them out.

I mean , if the tweet I saw was true sean schemel has been fired. Fingers crossed that the casting couch accusations are true and we burn all other voice actors

 

[Closeted_monkey]

The TCPA seems a bit... Off. Vic has a pricy law firm working for him, the defendants are stupid enough to keep defaming the plantiff in public, Vic got lucky that one of the convention guys was honest enough to sign an affidavit and all the other small breaks he got just to have a judge slap it down.

I can't imagine the difficulty an average person facing competent defendants and apathetic contractors would have.

If Chupp was running the Oberlin case it would have gone:
"Can you give me a figure on what the protests cost you on a particular day?"
"No... That varies..."
"UNACCEPTABLE!"

Is he lemongrab?

 

[Allanon]

I mean , if the tweet I saw was true sean schemel has been fired. Fingers crossed that the casting couch accusations are true and we burn all other voice actors

No idea what source you have there, but pressing x to doubt hard enough to be heard throughout the county. Funimation hasn't been nearly rattled enough for Sabat to throw Sean off the hot air balloon yet. I'd expect to see Jamie fired before Sean.

 

[NadeND-001]

I mean , if the tweet I saw was true sean schemel has been fired. Fingers crossed that the casting couch accusations are true and we burn all other voice actors

That was a fake screenshot on Schemmel getting fired. Monica confirmed in leaked DMs that casting couch is true.

 

[Closeted_monkey]

That was a fake screenshot on Schemmel getting fired. Monica confirmed in leaked DMs that casting couch is true.

Well hopefully more solid undeniable evidence comes out cause those DMs could still be spun

 

[Closeted_monkey]

No idea what source you have there, but pressing x to doubt hard enough to be heard throughout the county. Funimation hasn't been nearly rattled enough for Sabat to throw Sean off the hot air balloon yet. I'd expect to see Jamie fired before Sean.

I think jamie will actually outlast them all. Luckiest lol cockroach around

 

[Imperial Agent]

Are you being deliberately dumb or have you never followed a legal case before ever? Lawyers will appeal fucking anything that doesn't go their way just to raise their billable hours, and that's in cases where the judge isn't hung over and barely paying attention. If Ty doesn't appeal this it will look absolutely terrible on him and if Vic refuses to let him appeal it then he deserves to get Chupp'd in the ass just like he did yesterday. The only way no appeals get filed is if Vic himself refuses to allow Ty to do his job.

No.

Lawyers don’t auto-appeal everything. There are a lot of considerations to factor in, including whether you want to risk pissing off a judge still on your case, or who could be on future cases.