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

[X Prime]

Honestly, we can say it's stupid all we want, but until he suffers some kind of punishment for it, we can't say it doesn't work.

 

[AnOminous]

How stupid? Like someone that has no idea how courts work stupid or just unethically stupid?

He knows how courts work, though. When you want a court to do something, you file a motion. This is because there are lots of rules that govern what happens when a motion is filed and how to oppose it.

Since he's a scum sucking piece of shit, though, he bypasses that by just writing a letter instead, attempting to improperly influence the court outside the usual rules.

 

[Markorian]

How stupid? Like someone that has no idea how courts work stupid or just unethically stupid?

Like someone that had a disease that actually causes brain damage as one of its main symptoms and decides to still charge clients money to be their lawyer despite becoming literally exceptional via a mosquito.

 

[FGO-Professor-P2PBTW]

Hang on, is that hearing signed off by The Fuhrer? Not by Chupp?

 

[Garm]

He knows how courts work, though. When you want a court to do something, you file a motion. This is because there are lots of rules that govern what happens when a motion is filed and how to oppose it.

Since he's a scum sucking piece of shit, though, he bypasses that by just writing a letter instead, attempting to improperly influence the court outside the usual rules.

A judge worth a fart in a bottle would have admonished him for this already.

Sorry man. I suspect the defendants are forcing Lemoine to do this stupid shit. Lemoine should know better but is trying to satisfy his psychotic defendants.

Otherwise he's just pissing of the judge with a bunch of letters that he knows won't do anything.

Though it will be interesting to see if Ron beats Lemoine to death with a remote when nothing works.

 

[AnOminous]

Otherwise he's just pissing of the judge with a bunch of letters that he knows won't do anything.

We've seen how Chupp does things. He doesn't care about rules or the law much.

 

[Sheryl Nome]

@AnOminous I think reviewing Chambers v. Rivera, a later review of it by the same court https://law.justia.com/cases/texas/eighth-court-of-appeals/2019/08-19-00061-cv.html
Found that "Consequently, we do not have jurisdiction to review an interlocutory order granting a motion to dismiss under Section 27.003. "
However this case was still going forward to a Jury Trial at that point

Song v. Lee seems to be pretty strong then, BUT, whats unclear is if Chupp's order is a FINAL JUDGEMENT, or not. I would argue it is not a final judgement in this case based on

Farm Bureau County Mut. Ins. Co. v. Rogers (Per Curiam)

Farm Bureau County Mutual Insurance Company filed this declaratory judgment action against Cristil Rogers, Farm Bureau’s insured, seeking a declaration that it had no duty to defend or indemnify Rogers in an underlying tort action and requesting court costs and attorney fees. Rogers answered and...

law.justia.com

This establishes that a court retaining a claim for Atty's fees is not a final judgement

"In the absence of evidence of the trial court's intent with respect to the parties' claims for attorney's fees, we find that the trial court's order did not dispose of all parties and claims."
Chupp clearly retained jurisdiction for fees, so I believe that Lemonhead is actually right about this being an interlocutory order

But its not like it really matters Ty took the safe route here, he can always raise it again after fees are filed.
I think Song v. Lee holds and the request to appeal at this point is in fact, Interlocutory.

Unless you know the 2nd circuit wants to go against the tide on that one and create a split, but I wouldn't bet on it.

 

[Garm]

We've seen how Chupp does things. He doesn't care about rules or the law much.

True. Hopefully the appeals court sees through the mess.

 

[AnOminous]

But its not like it really matters Ty took the safe route here, he can always raise it again after fees are filed.
I think Song v. Lee holds and the request to appeal at this point is in fact, Interlocutory.

Unless you know the 2nd circuit wants to go against the tide on that one and create a split, but I wouldn't bet on it.

I think there already is one and it's a matter of which side of it they take. It's still better to file now and have it dismissed than file later and lose because it was late. One is annoying and the other fatal.

 

[Sheryl Nome]

I think there already is one and it's a matter of which side of it they take. It's still better to file now and have it dismissed than file later and lose because it was late. One is annoying and the other fatal.

Absolutely agree, this is the safe choice, file now and if it gets dismissed file again later safely, don't want to miss your shot by filing late.

 

[Slimy Time]

Because he's a slimy, unethical piece of shit. He is attempting to seek relief from the court that would be pursuant to a motion to strike without actually filing a motion to strike.

Is there anything that Vic's counsel can do to stop this exceptional individual from sending emails instead of filing documents? Surely that shit can't fly, and it's not the first time he's done it. Could he use this continual sending of emails in appeals or in another procedure?

 

[Red Wizard]

There's a nice write up here https://www.dickinson-wright.com/-/...hash=3FFFFB27963D3AB1EBE898FE811C98839AA11100 about TCPA and proecdures and such, and under "Appeals", it does say that it is ambiguous as to whether the appeal following the dismissal or an appeal following judgement is proper. It appears to be up to the discretion of the appeals court.

 

[Son of Sparda 84]

Here's a question. What would it take for Marchi statement to be considered defamatory?

 

[Botchy Galoop]

Is there anything that Vic's counsel can do to stop this exceptional individual from sending emails instead of filing documents? Surely that shit can't fly, and it's not the first time he's done it. Could he use this continual sending of emails in appeals or in another procedure?

It seems to me that while irregular, Lemwhaaa is taking little risk by pressing what he perceives to be Chupp's attitude towards the plaintiffs' attorneys. Whereas most here see Chupp's exceptional behavior as springing from a badly conducted TCPA hearing and his resignation that the whole mess will end up in Appellate Court regardless: Lemwaawa seems to think that Chupp truly believed Vic's suit to be frivolous.
So what will Chupp's answer be? (If any)
Will Ty have a response??

I'm just gonna sit back an enjoy watching just how much more incredibly silly this whole case will be.

 

[ShayeLavelle]

Season two is going to be the best one yet.

 

[Allanon]

There's a nice write up here https://www.dickinson-wright.com/-/...hash=3FFFFB27963D3AB1EBE898FE811C98839AA11100 about TCPA and proecdures and such, and under "Appeals", it does say that it is ambiguous as to whether the appeal following the dismissal or an appeal following judgement is proper. It appears to be up to the discretion of the appeals court.

For the sake of getting on with things, instead of sitting in limbo for another month or two through boring OVAs, I hope they decide to take the appeal on now instead of waiting for Lemoine's clown circus to be out of town.

 

[Adach_Ame]

As a note, yes, Lemoine is asking the judge to strike the second amended petition in the plaintiff's appeal filing in his letter to chupp
.

 

[Gehenna]

As a note, yes, Lemoine is asking the judge to strike the second amended petition in the plaintiff's appeal filing in his letter to chupp
.View attachment 984177

.... Does Chupp even have the AUTHORITY to do that? Wouldn't THAT ITSELF be an appealable error?

 

[WarJams]

Is there anything that Vic's counsel can do to stop this exceptional individual from sending emails instead of filing documents? Surely that shit can't fly, and it's not the first time he's done it. Could he use this continual sending of emails in appeals or in another procedure?

The fucking JUDGE should be the one putting a stop to this shit. Chupp's inbox is not the place to argue before the court.

 

[Kosher Salt]

Because he's a slimy, unethical piece of shit. He is attempting to seek relief from the court that would be pursuant to a motion to strike without actually filing a motion to strike.

He knows how courts work, though. When you want a court to do something, you file a motion. This is because there are lots of rules that govern what happens when a motion is filed and how to oppose it.

Since he's a scum sucking piece of shit, though, he bypasses that by just writing a letter instead, attempting to improperly influence the court outside the usual rules.

Is there anything that Vic's counsel can do to stop this exceptional individual from sending emails instead of filing documents? Surely that shit can't fly, and it's not the first time he's done it. Could he use this continual sending of emails in appeals or in another procedure?

At what point could West Nile lawyer's ex-parte letters to the court cross the line into being sanctionable or disciplinable conduct? Is there anything that BHBH can do? Could they just go ahead and file a response as if Lemonparty's letter was actually a motion? The worst that could happen simply be that Chupp would strike or disregard the response, I'd imagine.