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

Allanon

kiwifarms.net
The reason people don't want to hear excuses is based on recent past results. It's looking like a cycle: Someone fucks up X, there's an echo chamber about how it's not a big deal and lawyers fuck up X all the time, then the case suffers for it, then the judge or technology or the system gets blamed as if it not something that could have been helped. Rinse, repeat, and remember that 'we've already won'.

A few streams ago Rekieta was ranting about how a good case had been screwed over by the judge throwing things out on technicalities as if the whole judicial system isn't one series of technical rules. That's how it functions. You'd think they'd be crossing Ts and dotting every 'i' well ahead of time now. It's not so much frustrating to me (since I don't have as much of a dog in the fight) as it is baffling.
The main thing I'd say about this is that Ty 'screwing up' previously is honestly overblown. The judge threw out the case NOT on some technicality, but because he's bizarre and wanted flatly inappropriate standards, didn't read the filings, and just picked what would be most expedient because he knew it would be appealed anyway. You can scream about it until your face is blue, it won't change that Judge Chupp would have ruled exactly the same way no matter how those affidavits were notarized, because he considered them all in the hearing and he still threw everything out that those would have helped with, because he just felt like it. The BEST that can be said is that the TCPA succeeded because of a technicality, sure, but it's just not actually true. Even if the Appeals throws it out, it will still require them to ignore or dismiss the evidence in the record elsewhere - which already establishes prima facie on all causes, even without the 2AP. It wasn't a technicality. It was just wrong. And if the appeals agrees with Chupp, it's very likely that they'll just be wrong, too.

Now, if Ty messes up this payment thing? You can complain and make excuses all you want, it won't change that Ty screwed the pooch and possibly ruined the appeal, regardless of whether it was 'just a technicality' or not.

In short, I agree with the sentiment that it's inexcusable if Ty messes this up - especially when it's this basic and simple a fix - but I disagree that Ty actually screwed up the TCPA response or hearing in any way that really matters.
 

Tryphaena

You too can find an axe and grind it
kiwifarms.net
I can't get over the fact that some people are still parroting Nick about the judge taking the defendant's binder instead of Ty's. Guys. The transcript was posted. That moment was never like that. We even had members at the hearing who confirmed what happened. What actually happened was, yes, the judge had the defendants' binder but, you see, it was the exact same stuff in it. It was just their copy. He didn't need two copies. Nick blatantly misrepresented the situation. Probably because it would help along what you are already doing with deflecting blame and anger on to the judge instead of looking too closely elsewhere.
 

Red Wizard

kiwifarms.net
I can't get over the fact that some people are still parroting Nick about the judge taking the defendant's binder instead of Ty's. Guys. The transcript was posted. That moment was never like that. We even had members at the hearing who confirmed what happened. What actually happened was, yes, the judge had the defendants' binder but, you see, it was the exact same stuff in it. It was just their copy. He didn't need two copies. Nick blatantly misrepresented the situation. Probably because it would help along what you are already doing with deflecting blame and anger on to the judge instead of looking too closely elsewhere.
How do you know what the contents of the binders were? That's the issue. Judge Chupp should have taken both binders, and referred to them appropriately. Instead, he accepted ONLY THE DEFENDANT'S and then made all of his decisions based on that.
 

teriyakiburns

Your world frightens and confuses me.
kiwifarms.net
it was the exact same stuff in it. It was just their copy.
It has stuff organised in a manner Lemoine can refer to and did not necessarily include everything that Ty submitted, or included it in a way that made presenting it to the judge difficult. Ty's binder would be organised to emphasis his needs and make reference easier for him. He could say "page eighteen" and the judge would be on the same metaphorical (and literal) page as him, whereas now he has to leaf through the petition and the defence's binder to find the relevant information to present to the judge as he's making his argument. It places him at a disadvantage before the court. By itself it's one small thing, but it's part of a pattern of prejudicial and lazy behaviour by the judge, who wasn't interested in seeing the evidence or allowing the plaintiff (or in fact the defendants in several cases) to make their arguments.
 

I can't imagine

kiwifarms.net
Lemoine's binder could have been filled with pictures of consluts for all we know.

The contents of his binder weren't released. Get off his mosquito dick lmao
I'm reasonably certain that if the judge had it at the hearing, it was also provided to opposing counsel. I think Lemonhead sent Ty a copy a couple days before the hearing, since we were making fun of him for putting together the binder at the time like he was a brown-nosing elementary school child.
 

Felonious Monk

kiwifarms.net
Goddamn are you guys exceptional. Absolutely no sense of the scale of issues whatsoever. Beard says in the transcript that it is just copies of the exhibits. The judge didn't seem to be looking at the Defendant's binder much either. He keeps pulling shit up on his computer for the remainder of the hearing.

Ditto the notice on fees. It came out of the clerk's office. No judge is remotely aware of or gives even a tiny shit about it. It isn't even an attorney problem, it's a paralegal issue. At worst it is a sign that Beard doesn't have a litigation paralegal who knew to get the fees in at the same time as the notice of appeal. Which you probably shouldn't be surprised by since he isn't at a litigation firm.

I halfway expect him to just let the notice of appeal lapse, anyway. At this point Martinez Hsu has already explained to him that he doesn't have a final, appealable order until after the fees and sanctions hearing, which we know because he has allowed them to make almost exactly that argument in a filing in response to Lemoine's discovery. There is no reason to waste the money to preserve the appeal when he can just file to another notice within 20 days of the sanctions hearing.
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Affidavit of Service of a Notice of Intent of a Subpeona for Percy Tyrone Beard
Someone mentioned to Nick last night, and I'm not sure if we caught it here, but the process server notarized his own sworn statement.
image-0000.jpg
Notaries cannot notarize their own signature, nor can they notarize a transaction for which they receive financial or material benefit (separate from their notary fee). It seems that the Lemonfuhrer may have his own problems with filing fraudulently notarized documents...


EDIT: damn it, they're not the same names. "Marcus J. Collins" vs. "Michael J. Collins." At a first glance they look the same (although I did notice that the signatures were totally different). Looks like it might have been a family job.
This I missed yesterday, so adding it now. So what may the title for all of this be you ask? What name has he given this lawsuit/case, where Ron and Monica are his CLIENTS?
Well, allow me to inform you:
1573208422277.png

That's right: Mignogna v. FUNimation.

Hmmmm. Did he represent all defendants at some point?
The primary named defendant is Funimation, which means the lawsuit is "Mignogna v. Funimation, et. al." I wouldn't read too much into that without some kind of additional confirmation.
I'm reasonably certain that if the judge had it at the hearing, it was also provided to opposing counsel. I think Lemonhead sent Ty a copy a couple days before the hearing, since we were making fun of him for putting together the binder at the time like he was a brown-nosing elementary school child.
Lemonparty specifically noticed opposing counsel that he was providing the binder to the court, but not providing the binder to them because he claimed that they already had everything in it. They did not, however, have any way to know specifically which evidence he wanted the court to look at, or how he had organized it, because they did not have the binder itself. Nor did they have any way to know whether he stuck anything in that was disputed as to admissibility or was otherwise somehow improper, so they had no way of responding to strike it.

I'm a little bit inclined to think, however, that yet another sheaf of documents from the wheezy brown-noser was the last thing the judge wanted to have on his desk, and that's why he rolled his eyes at the idea of yet another binder of evidence (all of which was already on file, supposedly) from the Plaintiff.
 
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Dumb Bitch Smoothie

Certified Thread Derailer™
kiwifarms.net
Here's my bone to pick.

People keep flip flopping on how we're approaching Ty handling this.
Is he a good lawyer? Is he a bad lawyer? Is it just sloppiness? Is it an understandable set of mistakes? Is it gross negligence? Is it all just Chupp/Lemoine/insert person here's fault?

The issue is, if Lemoine (or anyone else for that matter) was the one who had done the same thing y'all would be clowning like there's no tomorrow. But suddenly because people are frustrated and skeptical it's a bad thing? No, I think it's justified even if various people don't share the same opinions. The inherent problem here is this desire to not hold Ty accountable for things that should have been handled after a collective number of missteps regardless of what led to these missteps happening.

If I was in Vic's position, I wouldn't be happy because these mistakes and the treatment outwardly being shown just reeks of indifference about the handling of this case. While it is easy to jump the gun, nobody who has been able to provide an "insider" perspective has stepped up to at least indicate that this is acceptable. We only have what we're given to go off of. And before anyone tries to say "Well, that's not for us to know," of course it isn't. The details, at least. But there is nothing wrong with at least a "Hey, we're okay." It's simple. The simplest course of action would have been to handle this before it got out, because everyone should know by now that it would have made alarm bells go off for the people who are trying to support this case especially those who continue to donate. But I digress.

As for the Lemonparty binder situation, that whole thing is suspect as fuck regardless of what went into it, why things went down the way they did. The consluts comment I made was mostly facetious but Lemoine being the one in control of the information passed on does not sit right with me knowing that he isn't against using underhanded tactics that border legality. Especially when it was the plaintiffs who needed to be able to present the information in a way to build their case, not Lemoine and his clients.
 

waffle

kiwifarms.net
The reason people don't want to hear excuses is based on recent past results. It's looking like a cycle: Someone fucks up X, there's an echo chamber about how it's not a big deal and lawyers fuck up X all the time, then the case suffers for it, then the judge or technology or the system gets blamed as if it not something that could have been helped. Rinse, repeat, and remember that 'we've already won'.

A few streams ago Rekieta was ranting about how a good case had been screwed over by the judge throwing things out on technicalities as if the whole judicial system isn't one series of technical rules. That's how it functions. You'd think they'd be crossing Ts and dotting every 'i' well ahead of time now. It's not so much frustrating to me (since I don't have as much of a dog in the fight) as it is baffling.
Every mistake that I'm aware of that Ty has made in this case are things that are not real problems. Frankly shit happens. People who aren't practicing lawyers don't understand how far off the rails Chup went in that hearing. Things like this always drag on forever up and down on appeal.
 

break these cuffs

Blue Falcon Actual
kiwifarms.net
Every mistake that I'm aware of that Ty has made in this case are things that are not real problems. Frankly shit happens. People who aren't practicing lawyers don't understand how far off the rails Chup went in that hearing. Things like this always drag on forever up and down on appeal.
My annoyance with Ty and the way this case is being handled has less to do with the mistakes and more with how smug he is. I stopped following it closely when Nick's streams became Nick and Ty's Mutual Masturbation Power Hour. No idea if they are still like that. It was clear to me that Ty is a slightly autistic nerd who thinks he's smarter than everyone else. He enjoyed the attention he got from the cameo streams he did and the tweets, gifts, etc so he decided to rgularly jerk himself off to thousands of weebs who cream themselves over how smart and cool he is.

You can be a smug shit about how smart you are and how you're going to win, that's fine, but you better win or your reputation is going to take a hit in my book. The problem for Ty and co is that there was never a guaranteed win. Nick and Ty explained it many times themselves that judges and juries are not sure things, they are people. Then they go and get Chupped. Well tough shit, now you look like a dumbass with your shirt and your chuckles and your Sun Tzu quotes. Nick was doing fine with PR. Ty should have left him to that.

I do love Weeb Wars despite not following it much because it reignited my hate of weebs and anime in general. The community every bit as insufferable as furries and I'd forgotten that.
 

EmuWarsVeteran

I feel the salt overtaking me...it is a good pain.
kiwifarms.net
The issue is, if Lemoine (or anyone else for that matter) was the one who had done the same thing y'all would be clowning like there's no tomorrow. But suddenly because people are frustrated and skeptical it's a bad thing? No, I think it's justified even if various people don't share the same opinions. The inherent problem here is this desire to not hold Ty accountable for things that should have been handled after a collective number of missteps regardless of what led to these missteps happening.
Hard disagree. I've been pretty consistent on what I've been saying and I think most have too.
Furthermore, I've also been defending Lemwah's shitty performance on that same hearing for the same reason I've defended Ty's, the judge literally never gave either a chance.

The situation is simple. Ty boomered multiple times on shit that on the long term goes from not mattering at all to in the worst case screwing the case against marchi specifically, and even then that's a maybe. But most of it is well within the realm of things that can be fixed. Chupp has been a fucking lunatic since the hearing, and he knows it. And lemoine had no case to begin with and he only made things worse to boot though yet again chupp also fucked him, 'cause appeals are gonna look at argumentation and Chupp didn't let him make a case at all, not that he really could. Sam is the only one that didn't get the short end of the Chupp and also he hasn't been exceptional, though he has been a bit sleazy, but basically he looks the best. But his client doesn't, though she might be the only one to get unscathed thanks to Sam and Ty.
 

Dumb Bitch Smoothie

Certified Thread Derailer™
kiwifarms.net
Hard disagree. I've been pretty consistent on what I've been saying and I think most have too.
Furthermore, I've also been defending Lemwah's shitty performance on that same hearing for the same reason I've defended Ty's, the judge literally never gave either a chance.

The situation is simple. Ty boomered multiple times on shit that on the long term goes from not mattering at all to in the worst case screwing the case against marchi specifically, and even then that's a maybe. But most of it is well within the realm of things that can be fixed. Chupp has been a fucking lunatic since the hearing, and he knows it. And lemoine had no case to begin with and he only made things worse to boot though yet again chupp also fucked him, 'cause appeals are gonna look at argumentation and Chupp didn't let him make a case at all, not that he really could. Sam is the only one that didn't get the short end of the Chupp and also he hasn't been exceptional, though he has been a bit sleazy, but basically he looks the best. But his client doesn't, though she might be the only one to get unscathed thanks to Sam and Ty.
It isn't the case for everyone, but some people have had rose-colored glasses on. Different perspectives is a good thing in most circumstances.

Sperging aside, the two things that really bother me are the people who can't seem to decide from one day to the next where they stand (especially the rando Lawtwits who suddenly decide to get wishy washy), and the people who let themselves fall victim to a mentality of "We can do no wrong because we're right."

I really want to be supportive of Ty, but I don't feel like I can be right now. And I'd rather be honest about that than become one of those people who sit back and agree with whoever's posting at the time.

Of course, if my criticisms and frustrations have no merit in the coming days I'll own it but for right now I'm sitting where I'm at.
 

Gehenna

With every step, my Autism grows.
kiwifarms.net
The issue is, if Lemoine (or anyone else for that matter) was the one who had done the same thing y'all would be clowning like there's no tomorrow. But suddenly because people are frustrated and skeptical it's a bad thing? No, I think it's justified even if various people don't share the same opinions. The inherent problem here is this desire to not hold Ty accountable for things that should have been handled after a collective number of missteps regardless of what led to these missteps happening.
I've remained consistent in saying every lawyer and the judge involved in this have grabbed the idiot ball and are playing tug of war with the damn thing. The only people I am generally lenient on are Marchi's Lawyer and Casey, while both have done some exceptional things (The recent fees for Marchi's lawyer and Habeus Dibsies for Casey), each of THEM at least has a logical reason for their shit instead of insanity, incompetence, or hubris like everyone else.
 

secondclass

kiwifarms.net
I strongly doubt it was intentional, but waiting until he got the "pay or dismiss" notice wasn't a bad move for Ty at this juncture.

Ty wants the appellate process to drag out because he filed the notice of appeal before the case was ripe for appeal. All of the appellate deadlines start running when the Clerk's Record and Reporter's Record are filed. The Clerk and Reporter won't even start assembling their record until they are paid, and the rules give the clerk and reporter 10 days to put them together.

By waiting for the "pay or dismiss" notice, Ty got a couple extra weeks' time before any briefing is due. That might be enough time for the Court to issue its judgment; then the trial court will have caught up with the appellate court and filing the notice of appeal too early did no harm.

These are the rosiest of rose-colored-lens takes of Ty's actions lately, though. And to repeat, I don't think he's doing this intentionally.
 

Allanon

kiwifarms.net
Hard disagree. I've been pretty consistent on what I've been saying and I think most have too.
Furthermore, I've also been defending Lemwah's shitty performance on that same hearing for the same reason I've defended Ty's, the judge literally never gave either a chance.

The situation is simple. Ty boomered multiple times on shit that on the long term goes from not mattering at all to in the worst case screwing the case against marchi specifically, and even then that's a maybe. But most of it is well within the realm of things that can be fixed. Chupp has been a fucking lunatic since the hearing, and he knows it. And lemoine had no case to begin with and he only made things worse to boot though yet again chupp also fucked him, 'cause appeals are gonna look at argumentation and Chupp didn't let him make a case at all, not that he really could. Sam is the only one that didn't get the short end of the Chupp and also he hasn't been exceptional, though he has been a bit sleazy, but basically he looks the best. But his client doesn't, though she might be the only one to get unscathed thanks to Sam and Ty.

Actually he even screwed over Sam, as he has it on record both Chupp and Sam agreeing that Marchi's statement - also in the record, and what they're suing over - is a statement of fact that would need a finder of fact. The record Appeals should see.
 

Much Ado About Nothing

Autism, just another service I provide
kiwifarms.net
These are the rosiest of rose-colored-lens takes of Ty's actions lately, though. And to repeat, I don't think he's doing this intentionally.
I am with you on this. That it isn't intentional. The reason being is: I think he was prepared to handle Casey Erick, then Lemwah shows up who is 150% in on this and 200% exceptionally invested, most likely due to the GFM and how he thinks it should belong to him. Before Beard can even breathe, this guy and the MoRonica team, consisting of 4+ lawyers at this point, throws everything into the pot and stirs. Everything from boardering on malicious filings, using law to intimidate witnesses by calling disagreements perjury, Obsessing on Nick to the point Lemwah and MoRonica spent 12 000 dollars on this. Chupp being Chupp and doing what a Chupp do. Throw in the other lawyers as well, Volney and Funi team, and the least exceptional and kinda alright dude-lawyer: Sam Johnson. Even if he has weird crap as well (but remember who his client is....).

It's a lot for what is considered otherwise a pretty standard case.

It's not the content that has made the case exceptional, and unqiue, it is the players involved.
If anyone ever makes a documentary, or movie or whatnot of this. They will just look at all this shit and find us all autistically nuts.
Which we kinda are. Least I am.

Edit: I edit cause I can't spell.
 
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Kosher Salt

(((NaCl)))
kiwifarms.net
I strongly doubt it was intentional, but waiting until he got the "pay or dismiss" notice wasn't a bad move for Ty at this juncture.

Ty wants the appellate process to drag out because he filed the notice of appeal before the case was ripe for appeal. All of the appellate deadlines start running when the Clerk's Record and Reporter's Record are filed. The Clerk and Reporter won't even start assembling their record until they are paid, and the rules give the clerk and reporter 10 days to put them together.

By waiting for the "pay or dismiss" notice, Ty got a couple extra weeks' time before any briefing is due. That might be enough time for the Court to issue its judgment; then the trial court will have caught up with the appellate court and filing the notice of appeal too early did no harm.

These are the rosiest of rose-colored-lens takes of Ty's actions lately, though. And to repeat, I don't think he's doing this intentionally.
That's assuming the appeals court doesn't just say "we don't have jurisdiction yet, this notice of appeal will be perfected when Chupp issues his ruling on fees and sanctions." If so, the clock won't start until then.
 
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