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

[Lord Xenu]

If Chupp is ordering mediation, that seems to imply pretty heavily that the defamation charges are not going to be dismissed. Why force somebody to mediate an issue you intend to throw out?

This is what is new to the article. It is after the second paragraph. There's a bunch of BS about "death threats" to Chupp supposedly brought to the courts' attention by the police. Not too sure how the police got an email ostensibly sent to Chupp himself or the court, as this article implies but, there it is.
(Me thinks there may be some stretching of the truth here. As in, the emails were probably not sent to any court officials, so who brought them to the attention of the police?)

Chupp also handed out some of the threats of violence against him and others that were referred to him by the Fort Worth Police Department after his Sept. 6 hearing.

One email read: Hello, I just wanted to let you know that judge Chupp is a braindead moron and I sincerely hope someone accuses him of rape. You are the cause of school shootings ... suicides ... hate and violence. Judge Chupp just let a group of open criminals go free, shame on your kangaroo court. When people start uprising I hope your court is the first thing targeted.

One series of tweets included: "Disillusioned -- the strong reminder that justice only leaves the barrel of a gun." and "When the state fails to defend its citizens, it's only natural that the citizens take care of themselves. It would be a justified kill, and the person doing it can even get annulled for the act of killing and found not guilty for murder."

Chupp called on both sets of attorneys to refrain from inciting their supporters.

This case is the first big test of the #MeToo movement in the multimillion-dollar anime industry. In this instance, Mignogna is digging in and fighting back in court.

Given the high-stakes issues in play, it’s troubling that the case has turned into a circus.

In anime’s #MeToo moment, Vic Mignogna a no-show at Tarrant County hearing and his case is mostly an unholy mess

State District Judge John Chupp must come from a family of firefighters because Friday he managed a hearing in his Tarrant County courtroom that...

web.archive.org

 

[AnOminous]

My thoughts exactly.

It seems impossible to argue on one hand you should mediate, and then backtrack and say there is nothing to mediate (aka decide on) for TCPA purposes. Seems like a good sign for Vic.

But at this stage it is.... bizarre. I see why nick was confused by it.

Sounds to me like they should reject it and just let Chupp throw the whole thing out, then move to recuse him for his biased statements.

He's pretty obviously too emotionally impacted by the case and it's affecting his behavior and reasoning.

 

[Garm]

My thoughts exactly.

It seems impossible to argue on one hand you should mediate, and then backtrack and say there is nothing to mediate (aka decide on) for TCPA purposes. Seems like a good sign for Vic.

But at this stage it is.... bizarre. I see why nick was confused by it.

Chupp deploying the chain of harm.

The Chain of Harm - TV Tropes

A very messed-up theory as a variant of typical karma. The basic premise of karma is something like this: "Don't do something bad, because later something bad will happen to you." This, on the other hand, is quite different. As a scenario, a man …

tvtropes.org

 

[2lolis1cup]

Sounds to me like they should reject it and just let Chupp throw the whole thing out, then move to recuse him for his biased statements.

He's pretty obviously too emotionally impacted by the case and it's affecting his behavior and reasoning.

It really doesn't help that spergs were screeching at him on his facebook. Whether they were actually for Vic or a gayop is irrelevant. Chupp most likely wanted this case gone after the deposition hearing.

 

[lawtwitterthrowaway]

Sounds to me like they should reject it and just let Chupp throw the whole thing out, then move to recuse him for his biased statements.

He's pretty obviously too emotionally impacted by the case and it's affecting his behavior and reasoning.

Mmmm, boy would I ever love to see you try to argue that one to his face.

 

[BaldBoomerBoy]

It really doesn't help that spergs were screeching at him on his facebook. Whether they were actually for Vic or a gayop is irrelevant. Chupp most likely wanted this case gone after the deposition hearing.

Chupp wanted the case gone from day one it seems, his statements earlier about not wanting people playing games seem a bit different in light of new information - it seems more like Chupp just didn't want to deal with any extra work or papers for a case he didn't care for.

 

[AnOminous]

It really doesn't help that spergs were screeching at him on his facebook. Whether they were actually for Vic or a gayop is irrelevant. Chupp most likely wanted this case gone after the deposition hearing.

The fact that he brought it up at a hearing for mediation indicates his decisions are at least in part motivated by ex parte communications from non-parties. Or was it even a hearing? It seemed more like the judge convening something to bellyache about his plights.

As they like to say, not a good look.

 

[Imperial Agent]

Sounds to me like they should reject it and just let Chupp throw the whole thing out, then move to recuse him for his biased statements.

He's pretty obviously too emotionally impacted by the case and it's affecting his behavior and reasoning.

Anything that isn’t a defeat is a win for Vic PR wise imo. He’d be smart to make the most of this opportunity.

 

[Lord Xenu]

I think it's odd that he wouldn't just toss the rest of the case out. It almost seems like he wants to do what he can to avoid any scrutiny.
What benefit is there to encourage mediation at this point? Any guesses?

 

[lawtwitterthrowaway]

I think it's odd that he wouldn't just toss the rest of the case out. It almost seems like he wants to do what he can to avoid any scrutiny.
What benefit is there to encourage mediation at this point? Any guesses?

For one thing, it lets the plaintiffs avoid having to post bond for attorney's fees on the dismissed claims.

 

[Cakeisjustok]

I think it's odd that he wouldn't just toss the rest of the case out. It almost seems like he wants to do what he can to avoid any scrutiny.
What benefit is there to encourage mediation at this point? Any guesses?

To not have the trial. It makes no sense to have mediation and then throw it out on TCPA. That's not proper reasoning in any form. It would be easily appealed and not be good for any party. Him asking for mediation indicates that he is not going to dismiss the other counts.

I can't think of another logical explanation.

 

[Hoss]

Man this little endeavor makes the TCPA look like a racket to fill up the coffers of Appellate courts instead of being a defense of the First Amendment....which it inherently is not due to the 7th Amendment. Judges RULED on the order of the King, not the Law. We aimed to reverse that with Juries settling Civil matters. (Even then, the First Amendment doesn't defend jack shit against suits such as this, it only states that Congress can not abridge said rights). Crafting laws that prevent people from Lawsuits is extremely unconstitutional. This is what Anti-SLAPP has gotten you, a clogged up Justice system and more legal fees. It's a fucking racket and I'm not going to change my mind. Anything those cocksuckers in Congress passes will not be beneficial to you in the slightest.

 

[Padoru]

I think it's odd that he wouldn't just toss the rest of the case out. It almost seems like he wants to do what he can to avoid any scrutiny.
What benefit is there to encourage mediation at this point? Any guesses?

the only reason mediation would be reasonable would be if the Defamation charges couldn't reasonably be dismissed. No point in mediating if you think the Plaintiff is full of shit

 

[Imperial Agent]

The fact that he brought it up at a hearing for mediation indicates his decisions are at least in part motivated by ex parte communications from non-parties. Or was it even a hearing? It seemed more like the judge convening something to bellyache about his plights.

As they like to say, not a good look.

Can you elaborate on how you feel mediation is related to the binder?

 

[BaldBoomerBoy]

I think it's odd that he wouldn't just toss the rest of the case out. It almost seems like he wants to do what he can to avoid any scrutiny.
What benefit is there to encourage mediation at this point? Any guesses?

His read on the situation is that this is some sort of slap fight between people who have said mean things to someone who is in response suing them, in an industry that produces children's cartoons he doesn't care about, and wasting his time sorting out all of these issues and reading hundreds of pages of paperwork when he has other saner cases that don't involve being screamed at by retards on the internet over a worthless suit; why would he NOT try and get these two people with what he believes are petty grievances to kiss and make up? He doesn't believe in the caliber of damages and validity of the case that anyone involved does so he is assuming, like many civil court matters, it can be resolved by just telling the parties involved to sort their shit out.

 

[Padoru]

His read on the situation is that this is some sort of slap fight between people who have said mean things to someone who is in response suing them, in an industry that produces children's cartoons he doesn't care about, and wasting his time sorting out all of these issues and reading hundreds of pages of paperwork when he has other saner cases that don't involve being screamed at by exceptional individuals on the internet over a worthless suit; why would he NOT try and get these two people with what he believes are petty grievances to kiss and make up? He doesn't believe in the caliber of damages and validity of the case that anyone involved does so he is assuming, like many civil court matters, it can be resolved by just telling the parties involved to sort their shit out.

because: if he thought these mean things said to vic didn't warrant a lawsuit he'd just tell Ty to fuck off and dismiss the case. Let the Appeals court handle this for a while and kick back. THIS way he's literally putting it on his own back for another 2 weeks at minimum only for it to end up at the exact same place? That would be a waste of time.

 

[AnOminous]

Anything that isn’t a defeat is a win for Vic PR wise imo. He’d be smart to make the most of this opportunity.

They're not going to offer a settlement or they would have, with or without a mediation. So Vic is ultimately going to have to turn it down and then Chupp will do whatever he already decided to do.

Can you elaborate on how you feel mediation is related to the binder?

What do you mean? I'm not talking about that.

He doesn't believe in the caliber of damages and validity of the case that anyone involved does so he is assuming, like many civil court matters, it can be resolved by just telling the parties involved to sort their shit out.

This isn't the time for that. It's utterly bizarre to do that right now, and I've never heard of such a thing. He is apparently doing it because of people saying mean things to him on the Internet which he shouldn't even be taking into account.

 

[BaldBoomerBoy]

because: if he thought these mean things said to vic didn't warrant a lawsuit he'd just tell Ty to fuck off and dismiss the case. Let the Appeals court handle this for a while and kick back. THIS way he's literally putting it on his own back for another 2 weeks at minimum only for it to end up at the exact same place? That would be a waste of time.

I don't believe Chupp thinks it isn't lawsuit worthy, otherwise yes he wouldn't bother, but I think he thinks that the issues are still small and petty enough that they can be resolved without one (or he wouldn't bother with attempting mediation at all, why do something that won't work?) Chupp does not understand the feelings of the parties at play here and is underestimating.

If I'm wrong though I wouldn't be the first person to make a mistake in judging Chupp's character, motives, and thoughts.

 

[Padoru]

I don't believe Chupp thinks it isn't lawsuit worthy, otherwise yes he wouldn't bother, but I think he thinks that the issues are still small and petty enough that they can be resolved without one (or he wouldn't bother with attempting mediation at all, why do something that won't work?) Chupp does not understand the feelings of the parties at play here and is underestimating.

If I'm wrong though I wouldn't be the first person to make a mistake in judging Chupp's character, motives, and thoughts.

oh i see what happened. We agree mostly. My apologies for misunderstanding your point

 

[Imperial Agent]

They're not going to offer a settlement or they would have, with or without a mediation. So Vic is ultimately going to have to turn it down and then Chupp will do whatever he already decided to do.



What do you mean? I'm not talking about that.



This isn't the time for that. It's utterly bizarre to do that right now, and I've never heard of such a thing. He is apparently doing it because of people saying mean things to him on the Internet which he shouldn't even be taking into account.

What ex parte communications are there aside from the binder? Not sure what else you would have been referring to.