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

[DrearyDoomguy]

It makes no sense to have Marchi there, as she would understandably and rightly be flipping off absolutely everybody and saying 'fuck you I'm not settling shit' And it would only create additoinal costs for plaintiff if here counts were indeed dismissed.

That's what's so bizarre about this. If the judge did indeed reiterate that he intends to dismiss marchi, why was she there? I don't think Nick can clarify, I don't think anyone knows for sure what's going on in Chupp's head save for Chupp himself. Hence why Nick kept calling it weird, because it really is.

 

[Gehenna]

I hearby swear to not pozload my negholep. That is all.

Edit: That is a fascinating replacement,no clue why it exists, but I love it.

 

[HTTP Error 404]

Pretty much. Think that's bad? Hope you never have to see a child custody dispute where one side gets to force the other side to pay an expert to find that they're a shit parent.

Christopher Titus had a great bit on that before he contracted TDS. He had to pay for his lawyer, his wife's lawyer, and a special lawyer just for his kids.

And since he's in California which is a no-fault state (50/50 asset split no matter what).... except if the woman claims domestic violence, that means there's direct economic incentive for EVERY female to lie to the court and claim DV, since there's 0 penalty if they lie about it but if they get away with it they can literally double their winnings. The poor bastard had to pay for his wife's lawyer who was literally helping her make shit up about him hitting her so they could steal more of his shit.

 

[NotaLolyer]

I wonder if the judge can actually order that all parties bear the costs of mediation when TCPA requires otherwise and that the defendants get compensated for all reasonable costs and expenses. It would be hard to argue that expenses incurred obeying the court's direct order were not "reasonable."

All the more reason to think that he’s reconsidered his fuckups and doesn’t want to look favorable to one side alone with his possible ex parte, trying to make himself look less appealable in my opinion

 

[lawtwitterthrowaway]

No, paragraph one is Chupp complaining about Ty using the rules to replead which he’s allowed to do but is “unfair” despite the rules allowing him to do so.

Paragraph two is the judge suggesting Ty is TRYING to get around the rules despite being allowed to replead and suggesting that the burden is the rule 11 agreement despite Ty being allowed He’s suggesting the defense is burdened by a legal replead within the rules. It’s up to the defense to show burden and they would definitely fail that at appeals with how much they burdened Ty first.

Paragraph three affirms this is about Marchis matter and despite Ty giving Chupp what he wants Chupp remarked about his bench ruling already being done (appealable and reconsiderable)

So you don't have any receipts for your claim, and thus you won't post them. Cool.

Chupp admonishes Ty because he's trying to get around his Rule 11 contract, in contradiction of Rules 59 and 63. Literally the opening of the transcript is 20-odd pages of argument about this. Ty outright admits later on that the 2aP was an attempt to replace his first filing (Chupp, predictably, does not take this well). Because he was in violation of these rules, the 2aP got thrown out, and Ty had to rely on his 8/30 filing, as Chupp mentions.

And that doesn't completely screw the hearing at its root? "I may allow this evidence in, and I'll let you speak while referencing this evidence, but I may also throw out the evidence later as inadmissible because you got it in late and completely behead your on-the-record argumentation retroactively".

How could that possibly be okay?

Speaking as a spectator, my reaction to the whole thing was that as soon as he allowed Ty to start reading from the affidavits, he was entering them into the record officially. And that tracks with how everybody reacted for the rest of the hearing. It's not the affidavits that got struck (though he'd have been within his rights to strike them too), it was the 2aP.

So to summarize.

1. Chupp didn't file any of the dismissals, ergo, all his verbal dismissals are NOT official. Jamie Marchi is back in the lawsuit, and everything is back on the table.
2. Chupp cited threats on his facebook, apparently, as a reasoning behind his actions. Which is ex parte by a 3rd party and a pretty huge fuckup, if only because he just let the chaos seekers know he's vulnerable to influence by them.
3. Ty may have requested the mediation?
4. The Mediation ends the day before the TCPA ruling period ends? Or the day of?

That sound about right?

Not really.

1. All of his verbal dismissals are official. Marchi still has interests in regards to the lawsuit (namely, how much money Vic owes her), but none of the dismissals have been reversed.
2. Chupp cited threats the police department had communicated with him about, and chastised both parties on not stirring their supporters up. On the face of it, it had nothing to do with the mediation order.
4. It ends on October 3rd, Chupp's said he'll rule the day after if no agreement has been reached.

 

[BaldBoomerBoy]

Pretty much. Think that's bad? Hope you never have to see a child custody dispute where one side gets to force the other side to pay an expert to find that they're a shit parent.

Christopher Titus had a great bit on that before he contracted TDS. He had to pay for his lawyer, his wife's lawyer, and a special lawyer just for his kids.

And since he's in California which is a no-fault state (50/50 asset split no matter what).... except if the woman claims domestic violence, that means there's direct economic incentive for EVERY female to lie to the court and claim DV, since there's 0 penalty if they lie about it but if they get away with it they can literally double their winnings. The poor bastard had to pay for his wife's lawyer who was literally helping her make shit up about him hitting her so they could steal more of his shit.

I am suddenly very interested in becoming a gay.

 

[Imperial Agent]

Is it really 100% legal for a judge to tell you to show up to mediation by order, by a specific party they designated, and make you split the bill? Every time I learn a new law fact it just makes me more disillusioned with the legal process and its complete disregard and disrespect for other people's time and money (same thing, really) in the pursuit of, allegedly, justice. Chupp gets to determine the rate of pay because he chooses who you get and you have to sit there and pay it, plus your lawyers, for no purpose that serves your best interests or the best interests of your case?

Someone please tell me thats not a real thing a judge can do and this is just Chupp being autistic.

It's not only legal, but common.

 

[instythot]

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.

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.

My sense of this is that he's started getting through the mountain of paper on his desk, got to some of the sniping at attorneys and parties entered into the record, looked at the thousands of pages left and decided to play angry dad again, this time with extra exasperation

"I'm locking this door so you're all stuck with each other. You better start talking to each other and working this out if you know what's good for you"

 

[NotaLolyer]

1. All of his verbal dismissals are official. Marchi still has interests in regards to the lawsuit (namely, how much money Vic owes her), but none of the dismissals have been reversed.

That’s not how court rulings work, nothing is even official until appeals or reconsideration. Not even a written decision is official until the court no longer retains jurisdiction.
Trigg V Moore 335 S.W.3d 243 (2010)
University of Tex Med Branch at Galveston V Estate of Blackmon 195 S W 3rd 98 100 (2006)

 

[Rabidcolombian]

My sense of this is that he's started getting through the mountain of paper on his desk, got to some of the sniping at attorneys and parties entered into the record, looked at the thousands of pages left and decided to play angry dad again, this time with extra exasperation

"I'm locking this door so you're all stuck with each other. You better start talking to each other and working this out if you know what's good for you"

Good luck with that. Ron Toye spent his whole deposition acting like a childish cuck who said "I don't know" to almost EVERY question he was asked. If Chupp thinks they're going to start acting like adults just because of this, he underestimates their autism.

In some sense, you kind of have to feel sorry for the guy. You can just imagine him walking into the bathroom late at night, starring at the mirror in his grandpa stripped pajamas after reading hours of paperwork and saying, "I didn't ask for this."

 

[lawtwitterthrowaway]

That’s not how court rulings work, nothing is even official until appeals or reconsideration. Not even a written decision is official until the court no longer retains jurisdiction.
Trigg V Moore 335 S.W.3d 243 (2010)
University of Tex Med Branch at Galveston V Estate of Blackmon 195 S W 3rd 98 100 (2006)

Okay, let's review your citat-

To the extent Trigg suggests that a formal written order of dismissal is a condition to the extinguishment of the action, he is mistaken. That contention contradicts what the Supreme Court has said throughout the years. Rather, a written order of dismissal is a mere formality memorializing what already occurred and serves the purpose of triggering appellate deadlines and the time period within which the trial court's plenary jurisdiction begins to end. See University of Tex. Med. Branch at Galveston v. Estate of Blackmon, 195 S.W.3d 98, 100 (Tex.2006) (recognizing that without a written order of nonsuit, the period of the court's plenary power and the appellate deadlines do not begin to run). And, while it is true that the trial court retains jurisdiction over the action for certain matters, it cannot simply refuse to dismiss the cause and treat it like any other on its docket.

Seems to me that the case you just cited says exactly the opposite of what you think it does. But sure, let's go on to the next.

Mmmhmm. So it's a case about jurisdiction, appeals, and dismissal of suits. Wherein it also notes that motions for nonsuit (i.e. plaintiff dismissing the case) don't prevent claims for affirmative relief or beat motions for sanctions, attorney's fees, or other costs, pending at time of dismissal.

...huh. Not sure what you were going for there, but you seem to have deeply confused 'official' for 'final'. Yes, all the claims against Marchi have officially been dismissed. No, that is not absolutely final, depending on various levels of appeal. Nevertheless, until something comes to contradict it, it stands.

 

[instythot]

Good luck with that. Ron Toye spent his whole deposition acting like a childish cuck who said "I don't know" to almost EVERY question he was asked. If Chupp thinks they're going to start acting like adults just because of this, he underestimates their autism.

In some sense, you kind of have to feel sorry for the guy. You can just imagine him walking into the bathroom late at night, starring at the mirror in his grandpa stripped pajamas after reading hours of paperwork and saying, "I didn't ask for this."

Not in some sense. Legit sympathy for the guy. Nobody should have to deal with a bunch of adults (lawyers) acting like the children they're in charge of in their workplace

In my mind, Chupp has now sent a clear signal to all parties that he expect them to try to resolve this in good faith. I assume he will get some sort of report from the mediator upon this failing detailing where the proceedings broke down so they all better be on best mediating behavior

Also, if he actually watches Ronnie's deposition he probably goes home at night saying "Jesus christ, I'm pretty sure I didn't spend years studying and practicing faggot law, so why am I now presiding over it?"

 

[Dumb Bitch Smoothie]

So both Drinky Crow and Superlawyer appear around the same time to caterwaul like broken records.

Hmm. Not suspect at all.

 

[NotaLolyer]

Okay, let's review your citat-
Seems to me that the case you just cited says exactly the opposite of what you think it does. But sure, let's go on to the next.

Mmmhmm. So it's a case about jurisdiction, appeals, and dismissal of suits. Wherein it also notes that motions for nonsuit (i.e. plaintiff dismissing the case) don't prevent claims for affirmative relief or beat motions for sanctions, attorney's fees, or other costs, pending at time of dismissal.

...huh. Not sure what you were going for there, but you seem to have deeply confused 'official' for 'final'. Yes, all the claims against Marchi have officially been dismissed. No, that is not absolutely final, depending on various levels of appeal. Nevertheless, until something comes to contradict it, it stands.

That was a lot of words for you to say you were wrong

and that’s a hell of a stretch from your form of “it’s official Jamie won and she’s waiting for her money” to okay we’re waiting for appeals and rulings... which is exactly what I said

The court still has jurisdiction and you’re celebrating something that isn’t actually ruled on besides a non official or even “final” bench ruling

 

[X Prime]

I do have a question.

If I understand what happened in regards to the "Facebook threats" against Chupp, they were done towards an account that has been inactive for nearly a decade. How did Chupp find out about it to complain?

 

[AnOminous]

I do have a question.

If I understand what happened in regards to the "Facebook threats" against Chupp, they were done towards an account that has been inactive for nearly a decade. How did Chupp find out about it to complain?

It was emailed to webmaster@tarrantcounty.com, which is listed on multiple Tarrant County webpages, by masterofpirates@gmail.com. I have no idea how autistic you'd have to be to decide to send "threats" there.

 

[X Prime]

That is, somehow, even stupider than I had imagined.

 

[Immortal Technique]

I do have a question.

If I understand what happened in regards to the "Facebook threats" against Chupp, they were done towards an account that has been inactive for nearly a decade. How did Chupp find out about it to complain?

I have a feeling Sharon Grigsby saw the "threats" on twitter/facebook, and brought it to the police dept; who then turned it over to the judge to appease the wrinkled dyke.

Edit: at least one of them seemed to be a tweet outta context. not sure about the direct email.

 

[ButterBar]

So Nick just did something odd on stream where he was saying that one possibility for the mediation is ex parte communications from one party trying to get everything shut down. He said it would be too much like an anime, and would be too funny. Repeating the line too funny. Possibly signaling something he knows something Funimation is doing?

 

[NotaLolyer]

So Nick just did something odd on stream where he was saying that one possibility for the mediation is ex parte communications from one party trying to get everything shut down. He said it would be too much like an anime, and would be too funny. Repeating the line too funny. Possibly signaling something he knows something Funimation is doing?

Too funny because the Law Twits all said the secret folders from Lemonfurher weren’t ex parte and yet we learned he used theirs over what Ty wanted to hand him.

Too funny because if he were to consider the ex parte “threats” as a way to prejudice against Vic it would look bad on Chupp.