Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

Allanon said:
Wait, where does it say he wants the 2nd pet removed from evidence? All I saw was a temper tantrum about Ty filing an appeal at all.
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It's on page 2 it seems.
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Adach_Ame said:
It's on page 2 it seems.
View attachment 984164
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Wow, somehow I thought there was only one page. Lemonboy is MAD. Can he even do that, though? It seems highly unlikely that Chupp can have a hearing and then make a judgement and then strike evidence, and prevent appeals from seeing what he saw when he made his decision. Him forgetting to strike the evidence and then not considering it seems appealable itself.
 
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Allanon said:
Wow, somehow I thought there was only one page. Lemonboy is MAD. Can he even do that, though? It seems highly unlikely that Chupp can have a hearing and then make a judgement and then strike evidence, and prevent appeals from seeing what he saw when he made his decision. Him forgetting to strike the evidence and then not considering it seems appealable itself.
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And make key notice on how mad and scared lemoine is that he has to BOLD and UNDERLINE strike, like seriously.
 
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AnOminous said:
There's a good chance of it getting dismissed and it not starting until Chupp rules on the fees. And he might refuse to rule on it just to be a dick so it can't be appealed.
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Erm... cept, isn't that overstepping his jurisdiction? He basically went and tossed the case, thus he basically has given up any and all control of the case over to the appeals court. From my understanding of things.
 
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AnOminous said:
There's a good chance of it getting dismissed and it not starting until Chupp rules on the fees. And he might refuse to rule on it just to be a dick so it can't be appealed.
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What would be Ty's recourse if the judge is purposefully blocking appeals, not by making air tight decisions, but just by being annoying?
 
Adach_Ame said:
Erm... cept, isn't that overstepping his jurisdiction? He basically went and tossed the case, thus he basically has given up any and all control of the case over to the appeals court. From my understanding of things.
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There's no deadline on that ruling. So theoretically Chumpp could just sit on it forever.
 
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Mister Y said:
Even better, the girl on the picture came forward to say that she wasn't a victim of anything the article said, and asked KV to stop using her picture, twice. Yet Moronica still used that same picture to start their 1200 pages bullshit filling. I guess that tells everything there is to know about their actual stance on consent.
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No she didn't. "J" isn't Casey J Harwood or that other girl whose name I can't remember whose pictures were snagged off of Vic's fanpage by ANN. Her pictures and story were submitted by her and she never recanted.
We have been over this many many many times here.
A_throwaway_name62919 said:
I don't recall ever seeing anything from J recanting. I think there might be some confusion regarding the woman involved. Here's the original ANN article. It showed a total of seven people. It showed three people whose stories it gave, J, Taylor, and Azure; then showed four women allegedly belonging to Vic's fanclub. J was the woman who's image was used at the start of the TCPA, and she basically headlined the ANN hitpiece.

After the article went up, one of the four women from the fan club section named Mary protested the use of her photo without permission, and even though she was anti-Vic at that point (with a story that sounds more like internet rumors were successful in gaslighting her into negatively viewing the encounter) she contacted ANN and they removed her photo. At the same time readers noticed that one of the women in the remaining three fan club photos (the one closest to the caption "Approximately 43% of Risembool Rangers were underage in 2006") was clearly a woman named Casey J Harwood who'd previously made a statement on Facebook protesting the use of her photo in a false story attacking Vic. ANN's response at the time to people pointing out this failure of verification and permission was to make a statement on the forums claiming that the fan club photos weren't intended to be taken as other victims. They were merely included to demonstrated the frequency of the behavior and they hadn't intended people to take those photos as being definitely non-consentual; and ANN updated the article with a disclaimer to that effect. A few days later they finally removed Casey's photo and the other two fanclub photos.

So the woman "J" whose photo from the ANN article was used at the start of the TCPA has never disputed their article to my knowledge. Casey is the fan who was protesting the misuse of her photo at the time, ultimately resulting in her image being pulled from the article. Despite Casey's middle initial being J, they're clearly different people.
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AnOminous said:
There's a good chance of it getting dismissed and it not starting until Chupp rules on the fees. And he might refuse to rule on it just to be a dick so it can't be appealed.
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Wait... Wouldn't that mean that the defendants won, but get absolutely no money out of the TCPA?

... Can the Defendants appeal if the judge does something like that? Yeah I know, no one would be that stupid, but the idea is funny.
 
Riperoni6 said:
Is he seriously saying that ty can't appeal? Is this seriously what he just wrote?
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He's saying the appeal is a premature appeal of an unappealable interlocutory order because a final judgment hasn't been filed in the case and fees and sanctions are still pending before the trial court. He might be right and there's actually authority supporting it. If he wins that we'll probably also get to see him argue that filing it after Chupp gives him a million zillion dollars in sanctions is too late.

Sheryl Nome said:
At this point? Yes. And I think Lemonhead is actually right.
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There's a good chance of it.
 
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AnOminous said:
He's saying the appeal is a premature appeal of an unappealable interlocutory order because a final judgment hasn't been filed in the case and fees and sanctions are still pending before the trial court. He might be right and there's actually authority supporting it. If he wins that we'll probably also get to see him argue that filing it after Chupp gives him a million zillion dollars in sanctions is too late.



There's a good chance of it.
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But... how can you get more final than COMPLETELY dismissing the whole case? That doesn't make any damn sense?

Like Chupp basically has thrown up his hands at this point and fast tracked it to be appealed.
 
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Adach_Ame said:
But... how can you get more final than COMPLETELY dismissing the whole case? That doesn't make any damn sense?
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He hasn't dealt with attorney fees & Sanctions

GenericReviewerDraco said:
So appealing in 20 days didn't matter after all? I'm more confused than before.
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It did but its unclear if this is the appropriate point to appeal, I would say the caselaw suggests no but its hard from a real mistake and if it is a mistake it doesn't matter and the appeal is preserved for its proper time.
 
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Sheryl Nome said:
He hasn't dealt with attorney fees & Sanctions
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Well not the plaintiff's issue if the defendant side was hellbent on dragging this bullshit out. They wanted their fees and sanctions they should have hurried their asses to get it, and not filed intent to subpoena ty and bhbh to further run up the bill.
 
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