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

[2lolis1cup]

If they let him. He absolutely can't if a notice of appeal isn't timely filed, though. I'm pretty sure that 20 day clock starts ticking on the issuance of a written order. But I wouldn't believe anything is certain at this point.

If you liked Law Twitter splitting hairs and ignorantly stating "clear and specific", just wait. Now if Ty doesn't appeal with in 20 days of the Judge's bench ruling, they will go ape shit.

I can already see autistic birds and throwaways smugly claiming Ty filed too late, since X, Y and Z. They are already claiming Marchi is completely out.

 

[Hoss]

Jamie’s TCPA was ruled on. Ruling from the bench is ruling.

That ruling can still be either reconsidered or appealed, but it is there.

A judge can say whatever the fuck he wants. If it's not filed, it's not officially ruled.

Typically judges file their rulings BEFORE they present their statements. Honestly ruling from the bench before filing is a dangerous move because of this exact scenario.
A Judge and their clerks cannot skim through thousands of pages of responses in mere hours. Hell this damn TCPA motion was larger than the suit itself meaning the judge has a HIGHER count of shit to sift through and a Jury isn't present.

Either Chupp is inept, or just didn't give a shit. Frankly I lean towards the latter. He just recently discovered the Autistic hurricane that landed on his desk is a global affair.
I honestly feel for the poor bastard. Either way, he loses.

 

[Takayuki Yagami]

A judge can say whatever the fuck he wants. If it's not filed, it's not officially ruled.

Typically judges file their rulings BEFORE they present their statements. Honestly ruling from the bench before filing is a dangerous move because of this exact scenario.
A Judge and their clerks cannot skim through thousands of pages of responses in mere hours. Hell this damn TCPA motion was larger than the suit itself meaning the judge has a HIGHER count of shit to sift through and a Jury isn't present.

Either Chupp is inept, or just didn't give a shit. Frankly I lean towards the latter. He just recently discovered the Autistic hurricane that landed on his desk is a global affair.
I honestly feel for the poor bastard. Either way, he loses.

I wouldn’t feel sorry in the slightest. He seemingly fucked up in major ways relating to the most basic functions of ye TCPA hearing. If I were plaintiff’s council and Chupp decided to dig this deep a hole, I’d be willing to eviscerate the guy in any legal way possible.

 

[Padoru]

*You stupid faggot being hilariously wrong again*

Point proven.

 

[Hoss]

I wouldn’t feel sorry in the slightest. He seemingly fucked up in major ways relating to the most basic functions of ye TCPA hearing. If I were plaintiff’s council and Chupp decided to dig this deep a hole, I’d be willing to eviscerate the guy in any legal way possible.

Why do you think he ordered an attempt at mediation? He saw the flaws in his moves and is now offering an "olive branch" to "resolve" this case without admitting he fucked up.
He either admits he fucked up, or have an Appeals Court tell him he fucked up....again. Changing his initial flawed ruling shows humility. Letting it go (again) and potentially be defeated in Appeals court is a bad damn look on a judge. You DON'T want to be in the Supreme Court's overruled paperwork and he's been there several times already. I don't see any ethic violations (besides being prejudicial as FUCK) so his worst nightmare is his reelection chances.

He knows and has stated the outcry and threats against him. Honestly the mediation order is MUCH too late to cool this suit down. Ruling a day later if the mediation fails is a good damn indication that he has two options. Either reverse the ruling and dismiss the TCPA request for all defendants, or dismiss the suit entirely under TCPA. Either way, it's most likely going to be appealed by either side.

 

[Gehenna]

Why do you think he ordered an attempt at mediation? He saw the flaws in his moves and is now offering an "olive branch" to "resolve" this case without admitting he fucked up.
He either admits he fucked up, or have an Appeals Court tell him he fucked up....again. Changing his initial flawed ruling shows humility. Letting it go (again) and potentially be defeated in Appeals court is a bad damn look on a judge. You DON'T want to be in the Supreme Court's overruled paperwork and he's been there several times already. I don't see any ethic violations (besides being prejudicial as FUCK) so his worst nightmare is his reelection chances.

He knows and has stated the outcry and threats against him. Honestly the mediation order is MUCH too late to cool this suit down. Ruling a day later if the mediation fails is a good damn indication that he has two options. Either reverse the ruling and dismiss the TCPA request for all defendants, or dismiss the suit entirely under TCPA. Either way, it's most likely going to be appealed by either side.

Honestly, there is a middleground. Reverse select bits that he feels are the areas that WILL be appealed. A mea culpa, an outlining of the evidence he failed to review, he could even coach it in "Do to the sheer size of the (however many pages of) filings, my office failed to find X, Y, and Z, this was our fault as it was our due", which leads with the sympathy maker.

 

[AnOminous]

A judge can say whatever the fuck he wants. If it's not filed, it's not officially ruled.

It's actually official as of the time it's uttered so long as it is clear that the intention of the court is to rule and not take the matter under advisement.

http://docs.texasappellate.com/scotx/op/11-0114/2015-06-19.brown.pdf

However, the date clock for appeal is, as I thought, from the date of a written order or opinion.

TRAP 26.1(b) states "in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed[.]" TCPA appeals are accelerated appeals. Tex. Civ. Prac. & Rem. Code § 27.008(b).

I'm not sure what it means that an oral judgment from the bench is binding, but it doesn't trigger the deadline clock.

Why do you think he ordered an attempt at mediation? He saw the flaws in his moves and is now offering an "olive branch" to "resolve" this case without admitting he fucked up.

I don't think it helps and is just going to drive up the costs to all parties. Vic shouldn't have to bear the costs of this bullshit if it ends the way it is almost certain to end.

 

[Sheryl Nome]

It's actually official as of the time it's uttered so long as it is clear that the intention of the court is to rule and not take the matter under advisement.

View attachment 940304

http://docs.texasappellate.com/scotx/op/11-0114/2015-06-19.brown.pdf

However, the date clock for appeal is, as I thought, from the date of a written order or opinion.

TRAP 26.1(b) states "in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed[.]" TCPA appeals are accelerated appeals. Tex. Civ. Prac. & Rem. Code § 27.008(b).

I'm not sure what it means that an oral judgment from the bench is binding, but it doesn't trigger the deadline clock.



I don't think it helps and is just going to drive up the costs to all parties. Vic shouldn't have to bear the costs of this bullshit if it ends the way it is almost certain to end.

Yeah I'm not sure what it means if it isn't triggering any clocks but is also binding. Because that basically means it isn't binding.

Its probably best for the system at large though if everything in a lawsuit triggers at once on the clock rather than the bench dismissals, so maybe its binding but in the interests of keeping the system working it doesn't clock till filed.

 

[fat ugly sped]

So, bit of a horrifying shower thought here:

What if the reason Lemoine et al are sperging out so hard about the GoFundMe is that they're planning on winning the TCPA and then arguing that the only effective deterrent for similar lawsuits is to award sufficient punitive damages to drain the GFM entirely? It'd fit with how spiteful and venal these fucks are.

 

[Hoss]

Honestly, there is a middleground. Reverse select bits that he feels are the areas that WILL be appealed. A mea culpa, an outlining of the evidence he failed to review, he could even coach it in "Do to the sheer size of the (however many pages of) filings, my office failed to find X, Y, and Z, this was our fault as it was our due", which leads with the sympathy maker.

He goes A Mea Culpa and the defense goes apeshit. Chupp is also under a time frame he CANNOT extend unless permitted by law. He doesn't rule by Oct 3rd the TCPA gets tossed.

I mean fuck, this is why it required a Prima Facie case with a "preponderance of the evidence", not "clear and specific" and "beyond a reasonable doubt" evidence.

The point of a Prima Facie case is to be convincing, not necessarily "true". That's for the defense to plead to the Jury that the case is false. Anything else is a violation of the Plantiff's 7th Amendment's rights for a Jury trial.

 

[LuNaS]

So, bit of a horrifying shower thought here:

What if the reason Lemoine et al are sperging out so hard about the GoFundMe is that they're planning on winning the TCPA and then arguing that the only effective deterrent for similar lawsuits is to award sufficient punitive damages to drain the GFM entirely? It'd fit with how spiteful and venal these fucks are.

There is no way they can make a valid argument to take the GoFundMe money.

Due to how it's distributed you would be setting a precedent that lawyers have to pay from their pocket in certain cases.

And one thing lawyers in general don't accept is people messing with their money.

 

[Gehenna]

He goes A Mea Culpa and the defense goes apeshit. Chupp is also under a time frame he CANNOT extend unless permitted by law. He doesn't rule by Oct 3rd the TCPA gets tossed.

I mean fuck, this is why it required a Prima Facie case with a "preponderance of the evidence", not "clear and specific" and "beyond a reasonable doubt" evidence.

The point of a Prima Facie case is to be convincing, not necessarily "true". That's for the defense to plead to the Jury that the case is false. Anything else is a violation of the Plantiff's 7th Amendment's rights for a Jury trial.

They can go apeshit all they want, I don't see the appeals court accepting it.

Seriously, what appeals court in the world would see a judge preemptively acknowledging their own error and fixing it within their allotted time and think "We gotta reverse this"? It is a judge, of his own volition, saving them the time and effort to do it for him.

 

[fat ugly sped]

There is no way they can make a valid argument to take the GoFundMe money.

Due to how it's distributed you would be setting a precedent that lawyers have to pay from their pocket in certain cases.

And one thing lawyers in general don't accept is people messing with their money.

they're all exceptional enough that they'd convince themselves that it'd work and try it anyway

 

[I can't imagine]

They can go apeshit all they want, I don't see the appeals court accepting it.

Seriously, what appeals court in the world would see a judge preemptively acknowledging their own error and fixing it within their allotted time and think "We gotta reverse this"? It is a judge, of his own volition, saving them the time and effort to do it for him.

This whole deal has been unusual to say the least, and it would only be more so if the judge decided to reverse his bench rulings. Lemione's specialty seems to be tying up TCPA rejections in appeal, so I'm willing to believe there's enough to work with for him to find a way to do it here.

 

[Takayuki Yagami]

Why do you think he ordered an attempt at mediation? He saw the flaws in his moves and is now offering an "olive branch" to "resolve" this case without admitting he fucked up.
He either admits he fucked up, or have an Appeals Court tell him he fucked up....again. Changing his initial flawed ruling shows humility. Letting it go (again) and potentially be defeated in Appeals court is a bad damn look on a judge. You DON'T want to be in the Supreme Court's overruled paperwork and he's been there several times already. I don't see any ethic violations (besides being prejudicial as FUCK) so his worst nightmare is his reelection chances.

He knows and has stated the outcry and threats against him. Honestly the mediation order is MUCH too late to cool this suit down. Ruling a day later if the mediation fails is a good damn indication that he has two options. Either reverse the ruling and dismiss the TCPA request for all defendants, or dismiss the suit entirely under TCPA. Either way, it's most likely going to be appealed by either side.

That is what everyone is thinking. Does he want to eat crow now and just soldier through appeals from crazy people that have already pushed the system to a breaking point and are guilty as sin, or get potentially embarrassed on appeal during an election year?

 

[Hoss]

It's actually official as of the time it's uttered so long as it is clear that the intention of the court is to rule and not take the matter under advisement.

View attachment 940304

http://docs.texasappellate.com/scotx/op/11-0114/2015-06-19.brown.pdf

However, the date clock for appeal is, as I thought, from the date of a written order or opinion.

TRAP 26.1(b) states "in an accelerated appeal, the notice of appeal must be filed within 20 days after the judgment or order is signed[.]" TCPA appeals are accelerated appeals. Tex. Civ. Prac. & Rem. Code § 27.008(b).

I'm not sure what it means that an oral judgment from the bench is binding, but it doesn't trigger the deadline clock.



I don't think it helps and is just going to drive up the costs to all parties. Vic shouldn't have to bear the costs of this bullshit if it ends the way it is almost certain to end.

I would agree with this if it wasn't a TCPA hearing. It would be prudent to take the oral rulings as wrote until the written rulings are filed.
The fact there is no filed ruling and the mediation order requires ALL parties to partake does indicate his rulings are not final.

In any other civil case his word would have been absolute, but Anti-SLAPP is a different beast entirely. From the looks of it, the TCPA takes absolute precedence here and dictates what an official ruling is. (It's also unconstitutional as shit because it specifically dictates that the Court deny the Plaintiff their right for a Civil Jury trial if they don't meet the "Prima Facie" requirements, which is subjective as hell. This is why the 7th Amendment exists. Pretty damn straightforward amendment that everyone, including the states, tends to forget. If the TCPA was decided via Jury, it would satisfy this amendment.)

Specifically I also want to question that the divorce in this case law is a ruling or a decree? Decrees are treated differently in other states. Also this isn't a "Trial Court" yet. A Verdict is WAY harder to appeal than a Ruling.
When a Jury makes a decision, the judgement is practically final with an exception of a mistrial or the judge nullifies the verdict.

They can go apeshit all they want, I don't see the appeals court accepting it.

Seriously, what appeals court in the world would see a judge preemptively acknowledging their own error and fixing it within their allotted time and think "We gotta reverse this"? It is a judge, of his own volition, saving them the time and effort to do it for him.

Oh I know their appeal would be fucked, but it's still a damn time sink.

 

[A_throwaway_name62919]

Chupp is also under a time frame he CANNOT extend unless permitted by law. He doesn't rule by Oct 3rd the TCPA gets tossed.

Actually, while I'd have to double check the mediation order to be sure, I think Oct 3rd is their last day to resolve it via mediation, or else he'll rule on the 4th. October 4th is 28 days since the hearing, and presumably his last day to rule as it's a Friday, and days 29 and 30 are Saturday and Sunday when the court would be closed and anything filed wouldn't be considered as filed until Monday which is day 31 and outside the 30-day time frame he has.

 

[I can't imagine]

Actually, while I'd have to double check the mediation order to be sure, I think Oct 3rd is their last day to resolve it via mediation, or else he'll rule on the 4th. October 4th is 28 days since the hearing, and presumably his last day to rule as it's a Friday, and days 29 and 30 are Saturday and Sunday when the court would be closed and anything filed wouldn't be considered as filed until Monday which is day 31 and outside the 30-day time frame he has.

The mediation order doesn't mention the timing of the ruling, but it does give the Oct. 3rd time limit. The "rule the next day" part was from the DMN article, though obviously since Oct. 4 is the last day for him to rule, his only options would be to rule then or not rule at all.

 

[DinkyCowSow]

Point proven.

Go on, find a citation showing that the judge cannot sanction for failures at the TCPA stage. The law is written to require sanctions, and the courts have decided that they are awarded at the discretion of the judge.

There is no way they can make a valid argument to take the GoFundMe money.

Due to how it's distributed you would be setting a precedent that lawyers have to pay from their pocket in certain cases.

And one thing lawyers in general don't accept is people messing with their money.

The judge can make any sanction that he thinks will deter Vic from filing a similar lawsuit in the future if this does not make it past TCPA. I doubt he can take the money from the GoFundMe, but can he fine Vic whatever he estimates is left in it if he wanted to be cheeky, or he could just fine the total that was donated.

I don't think that's likely, but judges have vast discretion.

 

[lawtwitterthrowaway]

So, bit of a horrifying shower thought here:

What if the reason Lemoine et al are sperging out so hard about the GoFundMe is that they're planning on winning the TCPA and then arguing that the only effective deterrent for similar lawsuits is to award sufficient punitive damages to drain the GFM entirely? It'd fit with how spiteful and venal these fucks are.

It's more likely that Ty has already eaten up the GFM. Several months of multiple lawyers putting in time is not cheap.