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

[WrenchWring]

I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.

 

[Slimy Time]

I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.

I don't think this mediation is going to stick. Doesn't make sense if you are Vic, unless he's having monetary issues or they can guarantee him his job and credibility back, especially since there seem to be obvious appeal points that can be made which even Chupp kinda-sorta admits are there because he screwed up.

Maybe I'm wrong on this and they will be willing to settle. But unless they repair his reputation, he'll be somewhat unemployable.

 

[CheezzyMach]

it was always going to be appealed.

Pretty much, which is why I don't get all the hand whinging over this case here.

Does it suck Chupp might be biased against Vic? Yeah, but if the judge had ruled completely in his favor while dressing down the Funi club then they'd be claiming bias and we'd all be mocking them for it.

 

[Allanon]

Pretty much, which is why I don't get all the hand whinging over this case here.

Does it suck Chupp might be biased against Vic? Yeah, but if the judge had ruled completely in his favor while dressing down the Funi club then they'd be claiming bias and we'd all be mocking them for it.

Claiming bias is one thing. Having good argument that he actually is biased is another thing. If Chupp calls Ron a wife beating cuck and Marchi a racist he can't wait to grind into the dirt while winking at Nick, he's absolutely biased. A judge is meant to be impartial, regardless of which side he ends up favoring. Chupp is being accused of bias off an on - or at least speculated whether or not he is biased - because his behavior appears to reflect that, not just because he's ruling against Vic. (Though yes, there is argument that people could find him to be that way regardless if he ruled against Vic at TCPA stage, he's gone above and beyond to give that impression.)

 

[Steve Smyff]

I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.

No, he can't not rule to avoid appeal - Ty MUST appeal. MUST, MUST, MUST appeal the tortious interference, the civil conspiracy (he needs discovery on this issue to get Vic justice and bring Denbow/SONY in directly) and bring Marchi back in.

IMHO Chupp needs to vacate the rulings he already made too.

 

[Allanon]

No, he can't not rule to avoid appeal - Ty MUST appeal. MUST, MUST, MUST appeal the tortious interference, the civil conspiracy (he needs discovery on this issue to get Vic justice and bring Denbow/SONY in directly) and bring Marchi back in.

IMHO Chupp needs to vacate the rulings he already made too.

Hasn't it been said that if Chupp fails to actually file anything by the deadline, Marchi will be snapped back into the lawsuit? The bench thing counts, but he still needs to file it.

 

[HTTP Error 404]

Hasn't it been said that if Chupp fails to actually file anything by the deadline, Marchi will be snapped back into the lawsuit? The bench thing counts, but he still needs to file it.

Correct. The TCPA is very clear, he has to file the bench thing, him just dismissing her via fiat doesn't count.

However, if he "forgets" to, expect an immediate appeal from the defense, which will put everything on hold until it's figured out.

 

[Allanon]

Is this little mediation playdate going to interfere with Ty's time/ability to write a Motion to Reconsider? Doesn't he have to do that before the final ruling on TCPA? Or can he do it afterward and the Judge reverse his decision? TCPA is weird.

 

[Tour of Italy]

The mediation is going to be exceptional. The only definite leverage that Vic has is the fact he’s going to appeal; I wasn’t sure he’d have the will at this point, but he’ll have attorney’s fees to pay out if the TCPA dismisses everything. It’s likely worth the appeal to take a chance at avoiding that.

Honestly though, I don’t know what to expect anymore though. Nobody has a handle on what’s happening in this case, least of all the litigants and judge.

 

[Dumb Bitch Smoothie]

Chupp probably shakes a Magic 8-Ball to make his decisions.
Or that 8-ball happens to have a Tuttle Group stamp on it.

 

[Steve Smyff]

Correct. The TCPA is very clear, he has to file the bench thing, him just dismissing her via fiat doesn't count.

There's a reason Johnson asked if he needs to show up - he's supposed to be out of it.

If Chupp clearly said on the record "cause XXX is dismissed", it's there in the minutes, and I think Nick said they're dismissed.

Turnabout Tuesday

GOFUNDME: https://www.gofundme.com/f/vic-kicks-back JUSTICE CHAT: https://streamlabs.com/rekietalaw MERCH: https://teespring.com/stores/rekieta-law Well, wel...

youtu.be

This video goes to the timestamp (I hope) where Nick says it - Chupp must take explicit action to bring Marchi back in. Chupp doing nothing (not filing his reply on the TCPA motion) will not bring Marchi back in.

If Nick is correct, For marchi to come back in Chupp must explicitly bring her back in.

For the causes of action that he explicitly said are out to come back in, Chupp must explicitly issue an order saying they're back in.

If Chupp does nothing, the things he ruled are out, stay out, regardless of whether he misses the TCPA deadline.

 

[ShinyStar]

This hearing was a massively autistic move on Chupp's part. It'd be one thing for him to come in and announce that he wanted the parties to go to mediation because he thought they would personally bene, but for him to outright acknowledge that he's doing it because of outside parties, and particularly angry emails from internet speds - he's just told all the autists of the internet that he hears them, and they can motivate him to act one way or another. I can only assume that Chupp has no experience on the internet. It's like the drunks who run out onto the field during half-time at the Super-Bowl. The NFL learned that you never put them on camera, but here Chupp - intentionally or not through Sharon Grigsby - has just put the crazies live on national TV. He will be getting more.

 

[Steve Smyff]

I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.

In context, echoing the liars' words back to the liar would give the liar the idea the judge is in the liars' back pocket
- if the judge is repeating you, you're not the one that must compromise.

 

[teriyakiburns]

but for him to outright acknowledge that he's doing it because of outside parties, and particularly angry emails from internet speds - he's just told all the autists of the internet that he hears them, and they can motivate him to act one way or another

Ex parte communication shouldn't be considered when making decisions on the case. Chupp is not making good choices here.

 

[X Prime]

It does, but it also paints the defendants into a glorious corner. If they don't play nice, and they go in refusing to settle, then there goes their precious narrative

That is how it works when you have reasonable, well-informed people watching.

I'm not sure that description fits Chupp.

 

[Markorian]

Man, that was a sad read from Chupp. "Sometimes they (The Appeals Court) agree with me, sometimes they don't, I don't take it to heart" - Could he come off as more miserable than that. Really reads as a "I may have fucked up and I may end up in more misery because of it".

Also, what is this garbage of "healing"? Is he a fucking hippie? There is a reason why this has gone to court...because they couldn't heal beforehand, that's why they are there, throwing dirt and shade at each other. The guy even takes that completely lame, impotent threat of an e-mail seriously and blows it out of proportion. You are in Texas, the one place that people would not want to mess around with on account of being shot if they do. This guy needs to grow a pair.

We have had lolyers, I never expected the judge to be a source of exceptionalism in a case as well.

Judges are often even more exceptional than all but the low t gregs of the world.

 

[Garm]

I don't think Chupp buys into the "healing the anime community" nonsense. He's just saying whatever he can to get the parties to settle, so the appeals court doesn't sodomise him.

If you're reading this Chupp, there's a way out. Just don't rule. It's unappealable if you just "forget" to release the ruling. Sure, you'll have to deal with this autism for a year, but at least your butthole will be safe.

Chupp probably read Huber's affidavit, realized the TCPA was part of the plan and realized that this was more planned than he thought.

So Chupp basically said "Real talk. This thing is going to appeals. Something will likely get past appeals. The TCPA is not a magic wand to make lawsuits disappear, especially when there is this much evidence. This plan you had failed. At best you are buying time.

If you are as concerned about the community as you claim, you need to stop this now."

 

[X Prime]

Judges are often even more exceptional than all but the low t gregs of the world.

This is honestly why I would not suggest that he's echoing Monica's language as a troll. He probably honestly bought into the swill that the defense is selling.

 

[Capsaicin Addict]

The more I look at this, the more it looks like Chupp desperately trying to avoid reversing himself or getting appealed.

It's even worse for judges who fuck up straight letter-and-spirit-of-the-law items (like prima facie). That shit can get you yelled at by the aforementioned Judicial Conduct board.

Think it can't happen? Let me introduce you to Judge Cornelius Vaughey (retired).

Vaughey was judge in a dispute between lawyer-blogger Aaron Walker and notable creep Brett Kimberlin. Ol' Brett didn't like Walker writing about him (especially as there was SO MUCH to blog about!), and was trying to get Walker muzzled.

And this exchange happened:

Q [the court] So you get some -- and I’m going to use the word freak somewhere out in Oklahoma got nothing better to do with his time, so he does the nastiest things in the world he can to this poor gentleman., What right has that guy got to do it?
A [Walker] He has no right to do that, but Your Honor—
Q Because you incited him,
A But Your Honor, I did not incite him within the Brandenburg standard.
Q Well, forget Brandenburg. Let’s go by Vaughey right now, and common sense out in the world

(At this moment, Judge Vaughey should have realized... he fucked up.)

You cannot just blow off SCOTUS decisions, but that's exactly what Vaughey did here. Slapped Walker with a six month restraining order forbidding him from blogging about Kimberlin. One month later a court of appeals looked at this and went, 'I'm sorry, what? Haha fuck you, no, you don't get to do that' and vacated the order.

Walker, of course, also files a complaint against Vaughey. The result was this. Ouch.

Now, as even Walker notes on his blog, the impatient and disrespectful stuff wasn't the dealbreaker here. The real dealbreaker is a judge wiping their ass with the law. We're talking Rules 1.1 (A judge shall comply with the law) here (as well as 1.2, 2.2, 2.3, and 2.8 ). Based on what was said and unsaid, Walker believes that Vaughey was called in and told 'You can accept this reprimand and this gradually fades away, or we fuck you hard for being a sped'.

I don't know how Texas rules of Judicial Conduct work, but it does seem Chupp is running very close to the same line that got Vaughey. Might want to watch your step there, Your Honor.

 

[Polyboros2]

This thread is such a mess, combining people taking the bait from lawtwitter exceptionals and people who come in and read the most recent page and give their impression devoid of facts a couple pages back (the fact that if Chupp doesn't file by the 4th all TCPAs fail, even Marchi's).

I really wish there was a way to use positive ratings to filter through massive pages faster, like if a post has a certain number of negative ratings it gets filtered out if you set the thread to no-homo mode.