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

[AnOminous]

Is running up costs the only thing Lemoine trying to do? You can't just dismiss an appeal, much less have the judge that's going to get appealed do the dismissing. Shit even if it's too early Ty can just refile.

He's filing it in the court of appeal, not the trial court. Because the appeal is in the court of appeal. And you can dismiss an appeal, it's just nearly utterly pointless to do. He's just deliberately driving up costs with bullshit with no other purpose than increasing his bill.

 

[Dr. Geronimo]

He's filing it in the court of appeal, not the trial court. Because the appeal is in the court of appeal.

But again there's no point in doing this, right?

 

[I can't imagine]

He's filing it in the court of appeal, not the trial court. Because the appeal is in the court of appeal. And you can dismiss an appeal, it's just nearly utterly pointless to do. He's just deliberately driving up costs with bullshit with no other purpose than increasing his bill.

Am I correct in assuming this is the type of filing most lawyers wouldn't bother doing, since it literally just means the notice will be re-filed after the final judgement anyway?

 

[KittyLoaf]

He's filing it in the court of appeal, not the trial court. Because the appeal is in the court of appeal. And you can dismiss an appeal, it's just nearly utterly pointless to do. He's just deliberately driving up costs with bullshit with no other purpose than increasing his bill.

But ... is there a guarantee that Lemwaaah is going to get all of his fees awarded in judgement?
TCPA mentions reasonable, I'm assuming that's just bills related to the TCPA motion. Maybe related to the response.... but everything else seems grossly unnecessary.

 

[JohnTitor1989]

But ... is there a guarantee that Lemwaaah is going to get all of his fees awarded in judgement?
TCPA mentions reasonable, I'm assuming that's just bills related to the TCPA motion. Maybe related to the response.... but everything else seems grossly unnecessary.

no there is not a guarentee if the case goes through appeals and ends up goint to court lemwah kisses fees goodbye as well as any defendants

 

[Botchy Galoop]

Correct me if I am in error, but isn't this just saying that Vic's appeal is premature at this point, and until Chupp makes a final order; to wit, determines attorneys’ fees, costs, expenses, and sanctions.
From what I understand that if in fact the appeal is ruled premature, it is no biggy, because the appeal becomes valid once Chupp makes his final ruling?

 

[mindlessobserver]

He's filing it in the court of appeal, not the trial court. Because the appeal is in the court of appeal. And you can dismiss an appeal, it's just nearly utterly pointless to do. He's just deliberately driving up costs with bullshit with no other purpose than increasing his bill.

And even if this west nile ridden motion is upheld it will only delay things for a few weeks, unless his genious plan is to then turn around and tell the appeals court they can't hear the case now because the appeal is untimely. He even says straight up there is no statutory reason for the appeals court to grant his motion, but because the legislature never bothered to codify his brilliant plan for or against, the court should just rule for it. I am sure that will go over well. And its all pointless anyway because the court won't even get around to hearing this for several months at the earliest so Chupp will have ruled long before this actually gets adjudicated.

 

[I can't imagine]

But ... is there a guarantee that Lemwaaah is going to get all of his fees awarded in judgement?
TCPA mentions reasonable, I'm assuming that's just bills related to the TCPA motion. Maybe related to the response.... but everything else seems grossly unnecessary.

There's no guarantee that they'll be awarded, but there's a possibility they will be. There's also sanctions which may be awarded, so it might be irrelevant if the sanctions are particularly high.

That said, I believe that they won't need to be paid if the appeal is pending. Vic might have to post a bond as an assurance that he will pay it if needed, however.

 

[AnOminous]

And even if this west nile ridden motion is upheld it will only delay things for a few weeks, unless his genious plan is to then turn around and tell the appeals court they can't hear the case now because the appeal is untimely.

He's such a complete piece of shit I wouldn't even be surprised if he did that.

TCPA mentions reasonable, I'm assuming that's just bills related to the TCPA motion.

Ah but you're thinking "reasonable" means something in Chupp World.

 

[5t3n0g0ph3r]

Lemoine's motion to dismiss the appeal.

I already uploaded this in this thread.

 

[PrinceofAllCucks]

I already uploaded this in this thread.

Lemoine filed a separate one to the court of appeals rather than to Chupp.

 

[fat ugly sped]

There's no guarantee that they'll be awarded, but there's a possibility they will be. There's also sanctions which may be awarded, so it might be irrelevant if the sanctions are particularly high.

That said, I believe that they won't need to be paid if the appeal is pending. Vic might have to post a bond as an assurance that he will pay it if needed, however.

IIRC the assurance bond is laughably small. Like, under a thousand dollars or something like that.

But ... is there a guarantee that Lemwaaah is going to get all of his fees awarded in judgement?
TCPA mentions reasonable, I'm assuming that's just bills related to the TCPA motion. Maybe related to the response.... but everything else seems grossly unnecessary.

It's up for debate between lawyers, and there's a very good case that a lot of the irrelevant stuff shouldn't be included (eg, deposition), since it was part of their larger legal defense strategy rather than the TCPA specifically.

Oh, and as a bonus, the costs for arguing over a TCPA appeal aren't included in the TCPA awards.

 

[secondclass]

IIRC the assurance bond is laughably small. Like, under a thousand dollars or something like that.



It's up for debate between lawyers, and there's a very good case that a lot of the irrelevant stuff shouldn't be included (eg, deposition), since it was part of their larger legal defense strategy rather than the TCPA specifically.

Oh, and as a bonus, the costs for arguing over a TCPA appeal aren't included in the TCPA awards.

Do you have cites for any of this? (Other than the surety bond bit, which everyone agrees on).

 

[Hoss]

I love how this started as "A positive outlook on using the justice system to remedy Vic's problem".....and now is a "Texas is a shithole that no one should move to because it's becoming California's septic tank". Arizona and Colorado are filling up with the soy fucks, and the Establishment Republicans are fucking idiots that think it's a good thing. Someone could have murdered everyone that is at fault for this tort in February and EVERYONE would have already forgotten about it by now.

Fuck, that's not a threat for the record either. I must emphasize that I do not condone such behavior because of the tensions. This is merely to make a brutally honest point. Everyone has already forgotten about the shootings that happened in Texas, New Zealand, VEGAS.

Machiavelli said it best:

"Still, a prince should make himself feared in such a way that if he does not gain love, he at any rate avoids hatred; for fear and the absence of hatred may well go together, and will be always attained by one who abstains from interfering with the property of his citizens and subjects or with their women. And when he is obliged to take the life of any one, to do so when there is a proper justification and manifest reason for it; but above all he must abstain from taking the property of others, for men forget more easily the death of their father than the loss of their patrimony. Then also pretexts for seizing property are never wanting, and one who begins to live by rapine will always find some reason for taking the goods of others, whereas causes for taking life are rarer and more quickly destroyed. " ~ The Prince

In other words....Rapine is worse than killing in the eyes of the public. It's fucking odd, but honestly true. The Civil War didn't start because some murders...it started because Rich ass Southerners felt they were going to be deprived of their slaves.

Ironically Rapine is exactly what Monica, Ron, and Jamie have tried to do to Vic.......Which comes from the root word "Rapio"....or in the modern usage....

"Rape"

This was never fucking Civil at all, it's outright fucking criminal. But remember, our Justice System is so cucked that men "can't be raped".

 

[Son of Sparda 84]

2019-11-04 Defendant Funimation's Motion for Attorneys Fees, Costs and Sanctions.pdf

t.co

Was this posted already?

 

[TexOffender]

2019-11-04 Defendant Funimation's Motion for Attorneys Fees, Costs and Sanctions.pdf

t.co

Was this posted already?

Well Volney quietly flashes his piece.

So vic will just sue "frivolously" because he has a GFM? Get fucked.

"adolescent supporters" lol. Yeah, kids parents is totally where the GFM is coming from.

Also a $25K sanction? To send a message?

They were watching nicks stream from the day after chupp threw this out. He quoted Ty on it.

 

[TheClappening]

TLDR still assblasted over the GoFundMe. Also, I doubt adolescents can raise $250k.

EDIT: Fucking Cougar'd

EDIT: They also want mediator fees. Fuck off. Chupp's order of mediation said each party would pay their own share

 

[Dr. Geronimo]

Well Volney quietly flashes his piece.

So vic will just sue "frivolously" because he has a GFM? Get fucked.

"adolescent supporters" lol. Yeah, kids parents is totally where the GFM is coming from.

Also a $25K sanction? To send a message?



View attachment 997415

They were watching nicks stream from the day after chupp threw this out. He quoted Ty on it.

View attachment 997419

It's hilarious how everyone on the defendant side seems to just love shitting on people. They seem to forget that these 'adolescents' spent their money on Vic instead of DVDs and autographs from horseface.

 

[fat ugly sped]

2019-11-04 Defendant Funimation's Motion for Attorneys Fees, Costs and Sanctions.pdf

t.co

Was this posted already?

They're trying to charge $500/hr for their lawyer here, lol, and $220/hr for the paralegal.

also:

You don't need to subpoena Mr. Mignogna in order to file a TCPA, this is part of their defense against the case as a whole rather than the costs associated with filing a TCPA motion, which should be significantly less. There's a bunch of similar stuff in here, too, like attending Toye's deposition (completely unnecessary for the TCPA motion)

I get that they have an obligation to argue for the highest number they can reasonably quote, but $160k of attorneys fees for filing and arguing over a TCPA motion is facially absurd.

EDIT: also, if this wasn't already known, here's who was mediating and a partial picture of how much was charged when

 

[DinkyCowSow]

EDIT: They also want mediator fees. Fuck off. Chupp's order of mediation said each party would pay their own share

View attachment 997421

View attachment 997422

This may be a strategic inclusion rather than something he actually expects to get. Judges often get overturned on appeal if they have rubber-stamped a request for attorneys costs (especially if the costs aren't broken down). So, provide a breakdown, and then purposefully show the judge something small he can cross out so he looks like he thoroughly reviewed it (or as padding in case the judge just skims a few percentage points off the top).