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

[WarJams]

Fuck it. Just put the west nile song in every response to a Lemwaaah filing.

 

[I can't imagine]

thats not actually how that works no.

Honest question, though: does Chupp have the right to say "all reasonable attorney's fees...except for this ordered mediation I'm requiring before I make my ruling". I mean, it's pretty much the definition of reasonable fees. If Chupp has screwed up as much stuff in this suit as he seems to have, why do you think this one he's right on?

 

[Padoru]

Honest question, though: does Chupp have the right to say "all reasonable attorney's fees...except for this ordered mediation I'm requiring before I make my ruling". I mean, it's pretty much the definition of reasonable fees. If Chupp has screwed up as much stuff in this suit as he seems to have, why do you think this one he's right on?

was it reasonable? Really? I wouldn't say so. It was a FORCED mediation by the judge. Aka cost that wouldn't normally be incurred at all. That sounds pretty unreasonable to me. On ALL fronts. Those are costs that Vic shouldn't be held liable to because HE isn't the cause of them unlike the lawsuit itself.

 

[EmuWarsVeteran]

The plaintiff actually composed the music for that and recorded it herself... I wouldn't be surprised if we get something similar to that in the course of this case though, assuming it gets past appeals. The defendants might not be able to make the music themselves, but I believe they do have connections to people that could do it for them. I mean, I wouldn't expect it, but I doubt anything would surprise me at this point coming from the defendants.

I can already imagine Lemoine bringing an old speaker and trying to add dramatic music while he reads whatever Rekieta said to the jury. And I honestly love that mental image.

 

[Sheryl Nome]

Honest question, though: does Chupp have the right to say "all reasonable attorney's fees...except for this ordered mediation I'm requiring before I make my ruling". I mean, it's pretty much the definition of reasonable fees. If Chupp has screwed up as much stuff in this suit as he seems to have, why do you think this one he's right on?

Chupp has that right, yes, absolutely.

 

[secondclass]

Honest question, though: does Chupp have the right to say "all reasonable attorney's fees...except for this ordereSured mediation I'm requiring before I make my ruling". I mean, it's pretty much the definition of reasonable fees. If Chupp has screwed up as much stuff in this suit as he seems to have, why do you think this one he's right on?

In Texas, mediation fees are almost never recoverable. In fact, most of the time, things like copy fees or parking costs are not recoverable; Vic is caught in an unusual TCPA situation. See Kartsotis v. Bloch, 503 S.W. 3d 506, 520 (Tex. App.—Dallas 2016, pet. denied)("Expenses incurred in a lawsuit are not recoverable ...")

While most Texas cases don't allow for recovery of expenses, the TCPA previously allowed for "court costs, reasonable attorney's fees, and other expenses incurred in defending against the legal action..." Tex. Civ. Prac. & Rem. Code 27.009(a). This section was amended in September 2019, striking the "and other expenses" portion. The change is likely because very few other Texas laws provided for expenses; recovering expenses (except for filing fees and transcript costs) just isn't a thing in Texas.

Be it as it were, expenses are uniquely recoverable in TCPA cases that were filed before September 1, 2019.

 

[AnOminous]

Be it as it were, expenses are uniquely recoverable in TCPA cases that were filed before September 1, 2019.

That's why I found it odd he ordered all parties to bear their own costs at the time. The TCPA context seems almost by definition to leave that issue as something to be determined after ruling on the motion. Of course, I seriously doubt Chupp even thought about that at all because he's a complete fucking idiot.

 

[I can't imagine]

In Texas, mediation fees are almost never recoverable. In fact, most of the time, things like copy fees or parking costs are not recoverable; Vic is caught in an unusual TCPA situation. See Kartsotis v. Bloch, 503 S.W. 3d 506, 520 (Tex. App.—Dallas 2016, pet. denied)("Expenses incurred in a lawsuit are not recoverable ...")

While most Texas cases don't allow for recovery of expenses, the TCPA previously allowed for "court costs, reasonable attorney's fees, and other expenses incurred in defending against the legal action..." Tex. Civ. Prac. & Rem. Code 27.009(a). This section was amended in September 2019, striking the "and other expenses" portion. The change is likely because very few other Texas laws provided for expenses; recovering expenses (except for filing fees and transcript costs) just isn't a thing in Texas.

Be it as it were, expenses are uniquely recoverable in TCPA cases that were filed before September 1, 2019.

Thank you. I was confused about it because of the wording in the above code. So basically, stuff like this has been covered under the code previously, but will not be in the future?

 

[Much Ado About Nothing]

In Texas, mediation fees are almost never recoverable. In fact, most of the time, things like copy fees or parking costs are not recoverable; Vic is caught in an unusual TCPA situation. See Kartsotis v. Bloch, 503 S.W. 3d 506, 520 (Tex. App.—Dallas 2016, pet. denied)("Expenses incurred in a lawsuit are not recoverable ...")

While most Texas cases don't allow for recovery of expenses, the TCPA previously allowed for "court costs, reasonable attorney's fees, and other expenses incurred in defending against the legal action..." Tex. Civ. Prac. & Rem. Code 27.009(a). This section was amended in September 2019, striking the "and other expenses" portion. The change is likely because very few other Texas laws provided for expenses; recovering expenses (except for filing fees and transcript costs) just isn't a thing in Texas.

Be it as it were, expenses are uniquely recoverable in TCPA cases that were filed before September 1, 2019.

Even so, their expenses are a meager 12 000 moolah. A small, small amount compared to West-Nile's desperate ride against the GFM number.

He really, really hates nick. Not only is this not the name of his thread, or even the url to his thread, but yeah....too lazy to type it out I suppose.

Is he....saying that....he thinks Nick is Mindlessobserver or Damian? I mean, probably not right.....but this is also West-Nile
Those two links go to the first page of the Weeb Wars thread made by Mindlessobserver, and Nick's first page which was made by Damian.

So....wait Lemwah, hold on, wasn't Vic the harasser of everyone, but now...it is not him but Nick!

Lemwah, you were present during the depositions, you know very well Ron humiliated Casey Erick by basically not shutting up on twitter.
Silent my ass. Also, Nick is educated within law, and seem to be able to get a firmer and better hold of facts than, well.....most others in this case.

 

[AnOminous]

Even so, their expenses are a meager 12 000 moolah. A small, small amount compared to West-Nile's desperate ride against the GFM number.

View attachment 998854

If they're going to open discovery into anything it should be into what these very attorneys have charged Funimation in the past, since this bullshit is obviously a "TCPA Special."

 

[secondclass]

Thank you. I was confused about it because of the wording in the above code. So basically, stuff like this has been covered under the code previously, but will not be in the future?

Right. Loser no longer has to pay expenses (attorney's fees are still recoverable, though).

 

[5t3n0g0ph3r]

Michael S. Martinez has joined the fray on Vic Mignogna's counsel:

 

[Garm]

The Kiwis who just want to watch the world burn are getting their wish it seems.

Marchi has now admitted KickVic has damaged her and I bet Rial's in the same boat.

This shit's going scorched earth.

Well, that scorched Earth policy may break them sooner rather than later.

They turned this into a siege. If things go well they might be reduced to eating rats.

I genuinely dislike Lemwah's filings.
This is what he says is in there:
View attachment 998776

What is really in there:
Page 1: Front page/Caption
Page 2-3: Appearances
SUDDENLY
HERE
Page 93-97. With highlight for convenience. Which is good, Chupp is bad at reading. We all know this
Page 155-156: Starts in the middle of something on page 155, which removes context.
Page 157: Court reporters certificate.

Example from page 95 which is not supposed to be there, but somehow is?
View attachment 998820

Bottom of page 19
View attachment 998772
Top of page 20
View attachment 998773


View attachment 998783
How does Doucette come into 1170 Moolahs?

View attachment 998793
Lemwah, how much damage did that mosquito do to you?
Why, oh WHY could he have breached the contract. It is almost as if your clients contacted him and encouraged it.
Almost like he has text-messages proving it.....

lets see if we can find why; cause we have the ability to read

Slatosch affidavit
View attachment 998800 View attachment 998801View attachment 998802

View attachment 998803
View attachment 998804
View attachment 998806
View attachment 998807
By the way Lemwah, this is from your earlier filing of wanting to depose slatosch....Hows that reading going?

Lemoine is taking a page out of Doucette's book. Spew as much crazy as you can and hope no one catches on. If no one notices that you are wildly inconsistent from one day to the next, they won't think you are crazy.

Even so, their expenses are a meager 12 000 moolah. A small, small amount compared to West-Nile's desperate ride against the GFM number.

View attachment 998854

View attachment 998858
He really, really hates nick. Not only is this not the name of his thread, or even the url to his thread, but yeah....too lazy to type it out I suppose.

View attachment 998861
Is he....saying that....he thinks Nick is Mindlessobserver or Damian? I mean, probably not right.....but this is also West-Nile
Those two links go to the first page of the Weeb Wars thread made by Mindlessobserver, and Nick's first page which was made by Damian.

So....wait Lemwah, hold on, wasn't Vic the harasser of everyone, but now...it is not him but Nick!
View attachment 998868

View attachment 998869
Lemwah, you were present during the depositions, you know very well Ron humiliated Casey by basically not shutting up on twitter.
Silent my ass. Also, Nick is educated within law, and seem to be able to get a firmer and better hold of facts than, well.....most others in this case.

Since we are inserting music into court proceedings, perhaps Ty could pass a message on from the Farms? Rage Against the Machine "Bulls on Parade" "Fuck you, I won't do what you tell me!"

Edit:

Michael S. Martinez has joined the fray on Vic Mignogna's counsel:

Two new lawyers?! How will LawTwitter explain this madness!

 

[AnOminous]

Michael S. Martinez has joined the fray on Vic Mignogna's counsel:

It's almost like the plaintiff doesn't consider this over and wants Chumpp to take note.

 

[Bender]

Since we are inserting music into court proceedings, perhaps Ty could pass a message on from the Farms? Rage Against the Machine "Bulls on Parade" "Fuck you, I won't do what you tell me!"

I think you mean "Killing in the Name".

I think "Testify" is another relevant song.

 

[FGO-Professor-P2PBTW]

I know that we ragged on Moronica for getting so many lawyers, but that's because they didn't really need them. Look at Marchi, she lucked out by getting the SINGULAR good lawyer on the defendants side(well, sane lawyer I guess). Vic's side is getting buried in so much stupid paperwork that he actually needs more lawyers to combat the stupid plus they're taking on 5 opponents. I'm including Judge Chupp in that because clearly he's a danger, he's just a danger to both sides, for better or worse. For all those people who are yelling about double standards and shit, cuz you know it's gonna happen.

 

[AnOminous]

I know that we ragged on Moronica for getting so many lawyers, but that's because they didn't really need them. Look at Marchi, she lucked out by getting the SINGULAR good lawyer on the defendants side(well, sane lawyer I guess). Vic's side is getting buried in so much stupid paperwork that he actually needs more lawyers to combat the stupid plus they're taking on 5 opponents. I'm including Judge Chupp in that because clearly he's a danger, he's just a danger to both sides, for better or worse. For all those people who are yelling about double standards and shit, cuz you know it's gonna happen.

Chupp has made it obvious that he's so lazy that to get him to rule in your favor you just make it easier than ruling for the other side and if that means making his life an absolute living hell, tough shit.

 

[Garm]

I think you mean "Killing in the Name".

I think "Testify" is another relevant song.

Thanks for the correction.

 

[Slimy Time]

Michael S. Martinez has joined the fray on Vic Mignogna's counsel:

It's almost like the plaintiff doesn't consider this over and wants Chumpp to take note.

Martinez Hsu, P.C. | Attorneys at Law | Attorneys at Law

Attorneys at Law

www.martinezhsu.com

Michael S Martinez

• Commercial Litigation
• Oil & Gas Law
• Contract Litigation

An Lee Hsu

• Corporate & Securities
• International & Domestic Contracts
• Regulated Asset Purchases
• NFA trusts, ITAR regulated items, ammunition manufacturing, and other licenses and regulated firearm manufacturing and purchasing transactions
• Real Estate
• Commercial Lending
• Family Law

Seems like he's finally decided to get some people with some real experience with Commercial litigation and Contract Law in addition to Beard. Seems like he's getting these guys on ready for the Appeals, where they may have more experience than Ty regarding this. Hopefully they might start to shut Lemoncunt and his bullshit down.

Edit: If anyone can help find cases these guys have worked on so we get an idea of their competency, that would be much appreciated.

 

[Bender]

Chupp has made it obvious that he's so lazy that to get him to rule in your favor you just make it easier than ruling for the other side and if that means making his life an absolute living hell, tough shit.

The answer is simple, file a motion to dismiss his dismissal of the case, but only the first letter, the second letter can always wait until you file another motion, and so on.

Thanks for the correction.

No problem, can you imagine the damage that could be caused to our image as the forefront archival Internet forum if such a mistake were to be left unchecked? People might think we're monsters.