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

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
I'd start with the block billing. JSL's bills are all block-billed, and same for Johnson. While that's technically allowed in state courts (not so much in Texas Fed Cts), everyone in the Texas litigation game knows that it's bad form and practically asking for a judge to slash your fees hard.
I agree strongly on general principle but in actual practice, considering the judge here, and considering the reasonableness of what Johnson claimed, I'd say he is probably safe to have made the fee claim he did. I do not see Chupp penalizing Johnson for not giving him more to read.
 

Markorian

kiwifarms.net
Im pretty sure Nick has one, just bribe his intern with dick pics to send it accidentaly to the wrong Email...




Chupp is the worst person for that, he obviously hates court and dislikes Attorney and weebs(like a normal person).
He also dislikes people who talk to much bullshit.
At first I thought Lemcrybaby had a really good read on the judge, and simply acted obnoxious to annoy Chupp to the point where he just wanted to get rid of the case, making the most expedient way giving lemonfag everything he wanted, but I don't think he had a good read on him at all now, and that insufferability isn't just something he can turn on and off.
 

Immaculate Ape

It was ME... DIO!
kiwifarms.net
At first I thought Lemcrybaby had a really good read on the judge, and simply acted obnoxious to annoy Chupp to the point where he just wanted to get rid of the case, making the most expedient way giving lemonfag everything he wanted, but I don't think he had a good read on him at all now, and that insufferability isn't just something he can turn on and off.
His first problem is that he is far too emotional.

He's admitted that he gets into his groove by hating his opposition.

That's fine on paper, but it comes across as petulance after a while. Especially when you can't turn it off and actually believe your own bullshit.
 

AnIncredibleDerp

kiwifarms.net
I agree strongly on general principle but in actual practice, considering the judge here, and considering the reasonableness of what Johnson claimed, I'd say he is probably safe to have made the fee claim he did. I do not see Chupp penalizing Johnson for not giving him more to read.
Object anyway. Preserve it for the appeals, for whatever causes don't get overturned, if any.
 

EmuWarsVeteran

Cream Pangolin
kiwifarms.net
At first I thought Lemcrybaby had a really good read on the judge, and simply acted obnoxious to annoy Chupp to the point where he just wanted to get rid of the case, making the most expedient way giving lemonfag everything he wanted, but I don't think he had a good read on him at all now, and that insufferability isn't just something he can turn on and off.
Why do you think this is literally his first TCPA "victory"? He is ALWAYS insufferable, he just so happened to get lucky it was both Chupp AND he had a particularly shite day. Even normal-day Chupp can easily see through phlegmoine.
 
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Bender

I bend the truth.
True & Honest Fan
kiwifarms.net
They'll hear them all at once. Arguably it would make more judicial sense to deal with the obviously silly dismissals first before calculating attorney's fees for them and then throwing them out but the time of the court of appeals is more important than Chupp's time, no matter how Chupp seems to feel about that.
I think the legal system needs to embrace the beauty that is XML, for example:
XML:
<?xml lawVersion="Texas" ?>

<lawsuit name="vic vs funi et al.">
    <motion name="tcpa">
        <claim name="defamation" dismissed="1" />
        <claim name="ti" dismissed="1" />
        <claim name="conspiracy" dismissed="1" />
    </motion>
    
    // Is appealing here too early?
    
    <motion name="attorney's fees" amount="VicKicksBack GFM" />

    // Is appealing here too late?
</lawsuit>
This would make it far easier to understand where the fuck you're MEANT to start appealing, instead of wasting $3,000 because you filed it too early or losing the whole case because you filed it too late.
 

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
Why do you think this is literally his first TCPA "victory"? He is ALWAYS insufferable, he just so happened to get lucky it was both Chupp AND he had a particularly shite day. Even normal-day Chupp can easily see through phlegmoine.
That fucking West Nile mosquito did him a favor because anyone who acted like that who wasn't so weak a slap would literally fucking kill him would have been worked over in the parking lot at some point.
 

Random Internet Person

Panzer Vor, motherfuckers!
kiwifarms.net
As fun as it was to read Lemonwink getting BTFO on several points in that Hearing; we all know Chupp is just taking the easy route, and he‘ll still do that at the sanctions hearing.

I fully expect he’ll just let all the fees and sanctions just slide through, and let it get appealed.
Oh dear God. So MORE victory laps from Tokyo Rose and Axis Sally over here because our judge is just kicking the can?
Lemoine should have just kept quiet. He could have had his chance for discovery in appeals, which he knew were coming. But he decided to fire off early, try to block Vic and co from appealing while asking for unreasonable shit. Thus, he painted himself as an idiot. If he had kept a low profile upon winning and waited until the right moment to strike he could've gotten almost everything he wanted. But I think the GFM looming over him made him trigger happy. He really doesn't know how to conduct himself in a constructive manner. He's a bull in a china shop when it comes to his decorum in the courthouse.

This might be his strategy but there's a time when it's appropriate to rock the boat and there are times when it is inappropriate to do so. His lack of situational awareness is astounding.

That's what will tank the defense come appeals. Not to mention the billing statements being written and redacted poorly. There's a lot to learn from how messy they were.

And this is their TCPA expert? He tried to correct Chupp, who hasn't even done a case like this before, only for Chupp to shoot him down and school him on shit that any basic law student should know.

But KV is calling this a win. They won't be once we get moving again.
My thing has always been that Lemon Man is just doing what his clients want. From the bill padding to Slatosh depositions, I think it's just Monica wanting blood and Vic's head on a pike.
 

I can't imagine

kiwifarms.net
Oh dear God. So MORE victory laps from Tokyo Rose and Axis Sally over here because our judge is just kicking the can?
Victory laps would be a guarantee regardless. At this point, the case has already been dismissed, so we're into the determination of attorney's fees. Even the most conservative assumption of "reasonable attorney's fees" for the defense would still be a big enough number to gloat about. I mean, whether it's $100,000 or $250,000 or $750,000, it's going to be a number that looks good on Twitter.
 

Random Internet Person

Panzer Vor, motherfuckers!
kiwifarms.net
Victory laps would be a guarantee regardless. At this point, the case has already been dismissed, so we're into the determination of attorney's fees. Even the most conservative assumption of "reasonable attorney's fees" for the defense would still be a big enough number to gloat about. I mean, whether it's $100,000 or $250,000 or $750,000, it's going to be a number that looks good on Twitter.
Fine. My thing is every time the defendants have something go their way, Twitter goes nuts saying that it's over and Vic is going to be homeless and Nick and Ty are grifters that are going to be disbarred. They declare ultimate victory so much they should have lung cancer from all the victory cigars they've lit.
 

I can't imagine

kiwifarms.net
Fine. My thing is every time the defendants have something go their way, Twitter goes nuts saying that it's over and Vic is going to be homeless and Nick and Ty are grifters that are going to be disbarred. They declare ultimate victory so much they should have lung cancer from all the victory cigars they've lit.
I'm not sure if you were around in this thread a few months ago, but there were no shortage of people fantasizing about who Vic should sue next, after the defendants all begged to settle after they got BTFO of court. Like, they were literally talking about what Vic should "allow" them to settle for. And that was just based off the Lemon's filing, not even an actual court decision. Basically, what I'm saying is that this specific trait isn't unique to Lawtwitter.
 

Random Internet Person

Panzer Vor, motherfuckers!
kiwifarms.net
I'm not sure if you were around in this thread a few months ago, but there were no shortage of people fantasizing about who Vic should sue next, after the defendants all begged to settle after they got BTFO of court. Like, they were literally talking about what Vic should "allow" them to settle for. And that was just based off the Lemon's filing, not even an actual court decision. Basically, what I'm saying is that this specific trait isn't unique to Lawtwitter.
I know, and that's how we got the whole thing about Sabat being some sort of Mafia don demanding loyalty.
 

Allanon

kiwifarms.net
I'm not sure if you were around in this thread a few months ago, but there were no shortage of people fantasizing about who Vic should sue next, after the defendants all begged to settle after they got BTFO of court. Like, they were literally talking about what Vic should "allow" them to settle for. And that was just based off the Lemon's filing, not even an actual court decision. Basically, what I'm saying is that this specific trait isn't unique to Lawtwitter.
My opinion hasn't changed. Assuming that this gets past TCPA on appeal, the defendants would only be smart if they immediately ran in to settle. Which means likely only Funimation will offer it, and Vic will have his choice of what he wants out of Funimation.
 

Random Internet Person

Panzer Vor, motherfuckers!
kiwifarms.net
My opinion hasn't changed. Assuming that this gets past TCPA on appeal, the defendants would only be smart if they immediately ran in to settle. Which means likely only Funimation will offer it, and Vic will have his choice of what he wants out of Funimation.
I'm not sure if Funimation will given that they haven't already. I'm of the thinking that whoever's running the lawsuit for Funimation is KV, but aren't the full on #Threadnought, Head and balls tweeting type.
 

Allanon

kiwifarms.net
I'm not sure if Funimation will given that they haven't already. I'm of the thinking that whoever's running the lawsuit for Funimation is KV, but aren't the full on #Threadnought, Head and balls tweeting type.
I don't think Funimation will suddenly be penitent, I just think it will be a losing business proposition if they can't get paid for the lawsuit and will have to pay not only for themselves but also apparently for MoRon. Gen dismissed Huber's claims by saying that he was told the TCPA would dismiss the lawsuit and make Vic pay for it. There's nothing that can do that once it gets past TCPA. Plus, discovery will obliterate them and they have to know that.
 

LuNaS

kiwifarms.net
I'm not sure if Funimation will given that they haven't already. I'm of the thinking that whoever's running the lawsuit for Funimation is KV, but aren't the full on #Threadnought, Head and balls tweeting type.
There was that affidavit that said a higher up at Funi wasn't worried because Vic would pay their attorney fees due to TCPA, if TCPA fails then they will start thinking about the huge spending that will continue to come from the Lawsuit.

At that point every other defendant is a very juicy goat to sacrifice to save their own skin.

To make a simple comparison, the TCPA is Excalibur for them, the sword of promised victory that cannot fail, if Excalibur breaks... Well, they will probably break as well.
 

OneHandClapping

i r tuff gui
kiwifarms.net
New Funimation filing! They oppose the idea of granting plaintiffs request! How shocking and unexpected!
Thirty cents later.

They're assblasted that Vic can get 4+ lawyers to work for him.

The Court should deny Plaintiff Victor Mignogna’s motion for continuance for the following reasons:

First, Plaintiff has had seventeen days to review and prepare his response (if any) to Defendants’ motions for fees and sanctions.1 That is more than enough time to deal with the straightforward motions submitted by Defendants.

Second, Defendants’ motions were no surprise to Plaintiff. He has known that Defendants would be seeking fees and sanctions since at least September 6, 2019, when the Court dismissed all of the claims against Jamie Marchi, and all of the tortious interference claims against Funimation, Monica Rial, and Ron Toye.

Third, Plaintiff was further put on notice on October 4, 2019, because that is when the Court dismissed Plaintiff’s remaining claims and directed Defendants to submit their briefing on fees and sanctions by no later than November 4, 2019. Plaintiff should have begun researching and preparing his response in anticipation of Defendants’ filings.

Fourth, Plaintiff waited until the last minute to file his motion for continuance, and Defendants should not be required to bear the cost of Plaintiff’s delay. If Plaintiff truly needed extra time to respond, Plaintiff should have sought a continuance within a few days of Defendants’ filings (or at the same time he sent four attorneys to quash a deposition). If Plaintiff had done so, Plaintiff likely would have avoided a last minute hearing on his continuance motion (assuming the Court even entertains the motion) and a situation where Defendants may be required to prepare and appear twice for the same hearing, thus adding to the substantial fees already incurred in this case.

Fifth, Plaintiff has two law firms and four or more lawyers working on his case. There should be more than enough lawyers on Plaintiff’s team to deal with the issues that will be presented to the Court for determination on November 21, 2019.

For these reasons, Defendant Funimation respectfully requests that the Court deny Plaintiff’s motion for continuance.
 

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PowerBottomFutaLover

kiwifarms.net
Thirty cents later.

They're assblasted that Vic can get 4+ lawyers to work for him.

The Court should deny Plaintiff Victor Mignogna’s motion for continuance for the following reasons:

First, Plaintiff has had seventeen days to review and prepare his response (if any) to Defendants’ motions for fees and sanctions.1 That is more than enough time to deal with the straightforward motions submitted by Defendants.

Second, Defendants’ motions were no surprise to Plaintiff. He has known that Defendants would be seeking fees and sanctions since at least September 6, 2019, when the Court dismissed all of the claims against Jamie Marchi, and all of the tortious interference claims against Funimation, Monica Rial, and Ron Toye.

Third, Plaintiff was further put on notice on October 4, 2019, because that is when the Court dismissed Plaintiff’s remaining claims and directed Defendants to submit their briefing on fees and sanctions by no later than November 4, 2019. Plaintiff should have begun researching and preparing his response in anticipation of Defendants’ filings.

Fourth, Plaintiff waited until the last minute to file his motion for continuance, and Defendants should not be required to bear the cost of Plaintiff’s delay. If Plaintiff truly needed extra time to respond, Plaintiff should have sought a continuance within a few days of Defendants’ filings (or at the same time he sent four attorneys to quash a deposition). If Plaintiff had done so, Plaintiff likely would have avoided a last minute hearing on his continuance motion (assuming the Court even entertains the motion) and a situation where Defendants may be required to prepare and appear twice for the same hearing, thus adding to the substantial fees already incurred in this case.

Fifth, Plaintiff has two law firms and four or more lawyers working on his case. There should be more than enough lawyers on Plaintiff’s team to deal with the issues that will be presented to the Court for determination on November 21, 2019.

For these reasons, Defendant Funimation respectfully requests that the Court deny Plaintiff’s motion for continuance.
Not a surprise at all. Hope gets slapped down.
 
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