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

[Sheryl Nome]

They won't be able to get the money in the GFM, but the Judge could decide to use it as a factor in determining sanctions, if any. But yes, it's probably to attempt to see if they can find any evidence that the plaintiff was planning to sue other people. If the Judge is given evidence that leads him to believe that Vic might want to file more lawsuits like this in the future, he can award sanctions that he believes will prevent Vic from doing that. Of course Vic can appeal that as well.

I don't see how the subpeona is permissible and it will rightly be quashed though.

 

[AnOminous]

am i missing shit here? I thought they think this is over. What right would they now have to do this? This is in no way relevant to fees and sanctions, is it?

Should consider filing a TCPA and report him to the bar for sanctionable conduct and flagrant violation of attorney/client privilege, and in the meantime, tell him to fuck off and die.

I don't see how the subpeona is permissible and it will rightly be quashed though.

If Chupp Chupps it up again and doesn't, that may be another writ of mandate he can put on his wall of career failure.

How the fuck do you subpoena in a case that is dismissed!? Holy shit, Chupp, look at the clown show you have allowed to foster at your bench because you won't discipline bad lawyers.

Well, technically there isn't a final judgment.

Incidentally, after a notice of appeal is filed, they're asking Chupp to do work in a case that's on appeal and could come back reversed. I wonder how thrilled he'll be for another hearing in a case he obviously doesn't give a flying fuck about.

 

[NotaLolyer]

Here you go.

"Documents, and communications (including emails, texts, or any other type of communication) between You and Chris Slatosch, Chuck Huber, Stan Dahlin, and/or Rekieta, concerning the Litigation, Vic Mignogna, any of the Defendants, Defense counsel, and/or the affidavits executed by Chris Slatosch, Chuck Huber, and Stan Dahlin in the Litigation. 2. Documents, and communications, concerning Kameha Con 2019 that reference or discuss Mignogna, Defendants, Slatosch, or Rekieta. "

“Lemme get that privileged info please, I’ve never won one of these before.”

Lawtwits: “ This is standard procedure, here are no citations and I’ll wave off any that you give me. Vic should have seen this coming, we told you so.”

 

[DinkyCowSow]

“Lemme get that privileged info please, I’ve never won one of these before.”

Lawtwits: “ This is standard procedure, here are no citations and I’ll wave off any that you give me. Vic should have seen this coming, we told you so.”

The mere presence of a third party while you are discussing something with your client is generally enough to waive attorney client privilege. Conversations with third parties without the client have no attorney client privilege. Certain documents that were produced by third parties on behalf of the lawsuit may be covered under the attorney work product (such as any affidavits that were not yet produced to the court), but the emails in general do not have an exemption.

 

[PrinceofAllCucks]

So, if it doesn't get quashed, the best that they'll be getting is communications with Nick basically saying "Yeah we'll most likely be filing this on this day and when we have it in the system we'll send you a copy." Everything to do with the affidavits of Slatosch and co will be held under attorney client privilege, so what they're going for is something that they can hold over Nick's head.

 

[AnIncredibleDerp]

The mere presence of a third party while you are discussing something with your client is generally enough to waive attorney client privilege. Conversations with third parties without the client have no attorney client privilege. Certain documents that were produced by third parties on behalf of the lawsuit may be covered under the attorney work product (such as any affidavits that were not yet produced to the court), but the emails in general do not have an exemption.

Attorney Work Product privilege applies to any and all documents which are related to the building of a strategy for the case. This is to prevent a chilling effect on an attorney's work and this clients.

This is what is intended, of course, a way to punish Slatosch and Huber and everyone else.

 

[AnOminous]

The mere presence of a third party while you are discussing something with your client is generally enough to waive attorney client privilege. Conversations with third parties without the client have no attorney client privilege. Certain documents that were produced by third parties on behalf of the lawsuit may be covered under the attorney work product (such as any affidavits that were not yet produced to the court), but the emails in general do not have an exemption.

Good luck with that.

 

[Garm]

Every single drop of ink on the PAGE is privileged. This feels like a massive.... well, ethics breech. This just seems to be something that should really, really be punishable to even ASK for.

They buried ethical concerns out in the woods where nobody will find the body.

If Lemoine hasn't been paid what happens if he yeets like Casey just as the appeal hearing approaches?

 

[Nontransferable]

There's gonna be a lemon party when old dick finally catches Nicky with his hand in the GoFundMe

https://archive.fo/2ZmQp

 

[AnOminous]

There's gonna be a lemon party when old dick finally catches Nicky with his hand in the GoFundMe

View attachment 982445
https://archive.fo/2ZmQp

You're about to find out jack shit you dumbass. This take is especially dumb because unless Nick was somehow representing Vic in some secret court nobody ever heard of, he objectively WAS NOT REPRESENTING HIM. He is not counsel of record in any case Vic is a party to. That's just a fact. This motherfucker is stupid.

There is not going to be some magic piece of paper where Nick is acting as agent and purporting himself to represent Vic, or anyone else does the same.

The notion is just nonsensical.

 

[Prompt Critical]

I know this is a little late but it is frankly astonishing to me as a law layperson that:

1. Defendants were able to first put the plaintiff through a very personal deposition and obtain his documents through discovery and then successfully (pending appeals) argue that the case should be summarily dismissed since it was without merit.

2. Defendants were able to pull stunts like dodging service and refusing to comply with discovery deadlines, and do not appear to have suffered any consequences for doing so.

3. The plaintiff (again pending appeals) is going to end up footing the bill for all of this.

My opinion as to the fairness and efficacy of the American civil legal system was already pretty low but sitting on the sidelines this seems shockingly bad even if it's all technically permitted behavior.

 

[FGO-Professor-P2PBTW]

IB4 this is all just a stalling tactic so that the clock gets ran up, and they argue that because so much time has passed the window for appeals is gone.

 

[DragoonSierra]

Should consider filing a TCPA and report him to the bar for sanctionable conduct and flagrant violation of attorney/client privilege, and in the meantime, tell him to fuck off and die.

How would TCPA apply to this?

 

[General Relativity QM]

This seems like a harassing fishing expedition. They are hoping to get Ty or someone to admit they are going to sue someone else in order to increase sanctions. Geez, at least wait until the appeal deadline has passed before making yourself look like an overly aggressive slime-ball of an attorney.

I was reading some advice for lawyers from other lawyers. One advised that trying to depose opposing counsel and generally being an overly aggressive lawyer will generally ruin your credibility with a judge, and once you have lost credibility, it can be impossible to get it back. Sometimes you need to take a step back and regain your professionalism, but if you aren't getting paid and intend to leave if the appeal is successful, you might as try to get paid as soon as possible.

If granted, this will have a chilling effect on the attorney-client relationship. You can't even discuss legal strategy with your lawyer without worrying that it will be used against you at a sanctions hearing (on the opinion of one person). Lemon-Furher should think about what he doing to his profession. He is establishing rules that he will have to live by soon. I hope he never has to sit for opposing counsel. It would be a shame if Ty deposed him on his legal strategies to be able to justify his hours. That would never happen though because this is DOA - at least as-is.

 

[LuNaS]

There's gonna be a lemon party when old dick finally catches Nicky with his hand in the GoFundMe

View attachment 982445
https://archive.fo/2ZmQp

The idiot is probably also wrong on the second point, until now it's a notice of intent, now what happened with the last notice of intent Lemon filed?

Now that I think about it, if Vic appeals does that put the hearing for the TCPA payouts on hold or do the two processes run in parallel?

 

[Gehenna]

The idiot is probably also wrong on the second point, until now it's a notice of intent, now what happened with the last notice of intent Lemon filed?

Now that I think about it, if Vic appeals does that put the hearing for the TCPA payouts on hold or do the two processes run in parallel?

In tandem, but the defendants don't see a cent until after appeals, if they should 'win' appeals.

 

[NotaLolyer]

You're about to find out jack shit you dumbass. This take is especially dumb because unless Nick was somehow representing Vic in some secret court nobody ever heard of, he objectively WAS NOT REPRESENTING HIM. He is not counsel of record in any case Vic is a party to. That's just a fact. This motherfucker is stupid.

There is not going to be some magic piece of paper where Nick is acting as agent and purporting himself to represent Vic, or anyone else does the same.

The notion is just nonsensical.

“There was obviously never any conspiracy and Vic was stupid to think he would win by suing without clear proof of something that was never publicly denied”

Also them

“There is obviously conspiracy concerning this gofundme that we have no proof about but it’s genius to subpoena it even though it’s clearly not legal and we’ve been directly told over and over”

 

[teriyakiburns]

The idiot is probably also wrong on the second point, until now it's a notice of intent, now what happened with the last notice of intent Lemon filed?

Now that I think about it, if Vic appeals does that put the hearing for the TCPA payouts on hold or do the two processes run in parallel?

In tandem, but the defendants don't see a cent until after appeals, if they should 'win' appeals.

Yep. The loser has to post bond while the appeal is in progress. Lawtwitter are convinced that Vic will have to bond the full amount because they're morons.

 

[General Relativity QM]

“There was obviously never any conspiracy and Vic was stupid to think he would win by suing without clear proof of something that was never publicly denied”

Also them

“There is obviously conspiracy concerning this gofundme that we have no proof about but it’s genius to subpoena it even though it’s clearly not legal and we’ve been directly told over and over”

Logic is optional when self-righteousness and feels don't agree. Feels don't care about your logic.

 

[LuNaS]

In tandem, but the defendants don't see a cent until after appeals, if they should 'win' appeals.

So they could, in theory, waste a lot of money on the TCPA hearing, get a decent payout and then appeals court could say nope, and they are shit out of luck?

It feels like if that is the case it should not run in tandem, because then both sides have to waste money for absolutely no reason.

But well people did say that TCPA is a mess.