- Joined
- Apr 18, 2019
Seriously, yeesh. Let Ron file that suit against nick if you both want him so bad you fuckers.
Will be funny if this gets to a jury trial and Nick is in the court room audience smugging the whole time.
Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.
- Thread starter 5t3n0g0ph3r
- Start date
Seriously, yeesh. Let Ron file that suit against nick if you both want him so bad you fuckers.
Will be funny if this gets to a jury trial and Nick is in the court room audience smugging the whole time.
- Joined
- Dec 28, 2014
The actual malice standard makes it an unappealing cause of action as the very people most likely to want to sue for defamation and be able to pay for it are almost precluded from pursuing it successfully.
You'd think this stupid fucking cuck who has injected himself into a public controversy might have learned something about pursuing a defamation lawsuit as a limited public figure from the very case he's in, but he's apparently really, really fucking stupid in addition to being a serial wife beating child abusing piece of subhuman garbage who should kill himself.
- Joined
- Sep 11, 2019
Something like this? Cause that's pretty much what he is doing and wanting. So that's very frivolous.
This is basically asking for a depo of Slatosch. Despite that his affadavit has been turned into a declaration.
Only "witness" that "sided" with Vic, who lives nearby. Kinda unusual. Especially seeing how Ron would be sitting on the most reliable written evidence himself. E-mails, and text-messages. He started to contact him by e-mail late at night, knowing he didn't have an attorney. Wanted him to agree to a depostion so it could be done 'quietly'.
This billed under 'preparing emails'. I am going to assume if they are made they are sent.
He has pointed out this can be done electronically, but has not reached out to any other witness. So if anything he's trying to hit hard on the TI I guess.
Slatosch stopped answering him and now he gone full special.
(Not Huber, but with Lemwah steering I am waiting for him to pull in Huber somehow)
Trying to gauge what is very and not. Finding it way out of line myself.
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Felonious Monk
kiwifarms.net
- Joined
- Nov 6, 2019
As far as I can tell, having only looked for about 10 minutes, no court has ruled that discovery after ruling on the motion to dismiss but before a fees and sanctions hearing is improper, much less sanctionable. At least a few courts seem to have allowed it so long as the discovery was aimed at the amount of fees/sanctions. Neither side cited any actual precedent out of the 2nd Circuit on the issue. The argument Lemoine made that the discovery stay was lifted after the motion was decided is one I'd make with a straight face if I needed to. So what he "should" be doing is debatable.
My bigger point though, would be that I don't think Lemoine is pursuing a criminal case against Vic and Ty. No DA is picking up such a case, too many uncertain variables. If Lemoine has an ulterior motive it isn't a criminal case, it is Round 2 on TI w/ existing contract. It is the only claim that is reasonably likely to get handed back to the trial court after the appeal, and I think Lemoine's motive could be to have a Motion for Summary Judgment based on failure to show proximate cause in the can and ready to go before the appeals court even decides.
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- Sep 26, 2017
Summary Judgement would have to come after discovery though. Vic's discovery.
Felonious Monk
kiwifarms.net
- Joined
- Nov 6, 2019
Formally speaking, no, it does not have to.
Tex. R. Civ. P. 166a(b): [Summary Judgment] For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
It is a defense to summary judgment that the issue isn't ripe, but that usually just means the judge holds off on ruling rather than rules outright in your favor. In federal court (so not as applicable here) it is very common for judges to pocket summary judgments until very shortly before trial, which is infuriating for the parties who are prepping for trial and now have to prep an appeal instead.
Since the only witness as to who caused Slatosch to breach may be Slatosch himself it is possible a judge could find that summary judgment was proper if he denied the Toye texts were what ultimately caused his breach. Vic's best counterargument would be that he needs time to do discovery and find out if the other VAs dropping out was directly the work of Toye/Rial.
Red Wizard
kiwifarms.net
- Joined
- Aug 29, 2019
This is also assuming that the Defamation isn't passed along as well, since that's plain as day with regards to Ron. There's still an outstanding motion to compel discovery. I believe in the affidavit that he said that Toye's conversation was the direct cause.
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- Dec 28, 2014
Is this the appeal warning? I'm not good with law
Yet more shit that doesn't fill me with glee.
Padoru
kiwifarms.net
- Joined
- Jun 14, 2019
scuse me wtf BHBC, Hsu and Martinez? Why would you not pay this shit immediately?
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- Sep 5, 2019
Okay now this is getting a little bullshit. What the fuck are they thinking? Is looking like a bunch of idiots their plan?
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- Dec 28, 2014
I have no clue, because they're idiots. They aren't paying attention.
https://kiwifarms.net/threads/victor-mignogna-v-funimation-productions-llc-et-al.55556/post-5459606 has all the procedural rules and this shit should have been done already.
- Joined
- Jun 2, 2019
So wait, they filed a notice appeal that might be premature, and the court hasn’t even decided on as a matter of law, but it won’t even be considered because the fee hasn’t been paid?
Is it implied that even if the question of the timeliness of the appeal is in question, they should have paid the fee immediately?
I’m just checking to see how mad I should be, cuz I don’t know this shit.
Is it implied that even if the question of the timeliness of the appeal is in question, they should have paid the fee immediately?
I’m just checking to see how mad I should be, cuz I don’t know this shit.
- Joined
- Dec 28, 2014
It can all be fixed and the time hasn't expired but the very first fucking thing the appeals court needs is the record from the court below, and apparently, they're already asking "hey guys where the fuck is that?"
It's just not impressing me. This is the kind of shit why I said they should have someone who actually does appeals. Because why the fuck isn't this done already?
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- Mar 21, 2019
Didn't they hire 2 or 3 extra attorneys recently just for appeals? Even if BHBC is overwhelmed, they gotta quit messing up. I've never considered them incompetent, but they have no excuse if they mess up something simple and ruin their appeal.
- Joined
- Feb 28, 2019
No, but remember how Go Fund Me started mass refunding people?
That's why. LemonFurher sent them a legal threat full of bullshit and they freaked out.
He was hoping they'd shut the Go Fund Me down and refund EVERYONE.
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- May 17, 2019
I thought the refund hour was Duminique Skye and random KickVic remoras getting salty about the joke names donating, but that can possible be a theory.
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- Feb 28, 2019
Does anyone remember when that went down?
His email to them apparently was at the start of August.
quickthrowaway
kiwifarms.net
- Joined
- Feb 26, 2019
Any particular reason this is only showing up now? Doc is dated for the 4th. I'd hope this already lit a fire under their asses.
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- May 17, 2019
- Joined
- Dec 28, 2014
They have every reason to be smug when the first impression the appeals court gets of this case is counsel for plaintiff fumbling the very first thing they had to do, the absolute most basic fucking thing.