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I really, really, really, really should know better than to post something like this. I really should.

Good evening, #threadnought - NEW FILING!
We've got the Rial/Toye Reply* Brief in support of fees.

I'll start livetweeting it in this thread in 10 minutes or so.

* p.s. for Kiwi Farms, Nick, and Ty: The brief submitted in reply to a response brief is called a "reply." It's only a sur-reply if it's a reply to a reply.
Also, in all freaking seriousness I really, really had no idea that a brief was incoming when I posted the "I'm bored" tweet.
Read 65 tweets
Good evening, #threadnought

Time to run through the last of the 4 disasters - "VICTOR MIGNOGNA’S SUR-REPLY (sic) TO APPELLEE FUNIMATIONS (sic), LLC’S RESPONSE BRIEF" Image
Before we start, let's review the current landscape.

I'd been holding out hope that this round of filings would be the final set. That's been shattered, and I'd now anticipate anywhere from 1 to several additional filings.

Believe me, that hurt to type.
In a sane universe, given the contents of the response briefs, we could have anticipated that Ty would either consolidate all the replies, or consolidate the replies but spin off the response. There wasn't enough there for 4 separate documents to be required.
Read 80 tweets
Good evening #Threadnought -

It's time for Hellfiling II Episode 3: Revenge of the ____.

(Otherwise known as the "Appellant's Sur-Reply Brief to Appellee Marchi's Brief")

Before we start, I'd like to make clear just how dumb the "sur-reply" thing really is.
There are three standard filings in an appeal: the opening brief, the response, and the reply. Those are the documents that you get to file routinely.

They're also the standard filings that the court expects to read. And you expect them in that order.
Brief, response, reply. Brief, response, reply. Brief, response, reply. Like a great double-play combination - Tinker to Evers to Chance.

You expect that exact sequence to follow the same way you expect 1 to be followed by 2 and then by 3.

This is 1, 2, 4.38.
Read 102 tweets
Good Afternoon again, #threadnought - Round 2!

The Response to the fees cross-appeal.

This is a 29-page response to 6 pages in Rial & Toye's combined response/opening brief.
This table of contents is also strange.

Why are they conceding that the award of fees was "proper?" It's not proper if the case is remanded on TCPA, and they had been (I thought) arguing that $100k is still too high.
Also, the fee award wasn't "exponentially higher." "Double" is not an exponent.
Read 31 tweets
Good afternoon, #threadnought - it's livetweet time.

Ordinarily, I would not try to punch through 20,000 words of filings in one day, but it's a Saturday, it's hot out, and I've got my other stuff squared away. So we'll try to get through all 4 of yesterday's filings.
I'm not going to promise that I'll succeed, but we'll try.

I'll start with the two (!) Ron/Monica filings, before moving on to Episode III: Revenge of the ____ (The Marchi filing). And we'll wrap up, time and will to live permitting, with the "Funimations" one.
For those looking for the links to the filings, they should be here:

Read 57 tweets
Good evening, #threadnought. Since it's another slow news day, I thought it might be a decent time to finish off the Ron/Monica brief. (Or, at least, get through a bunch more.)

Part 1 is here.
And then I got distracted by politics and forgot I was doing this. Sorry. Getting a beer, muting some folks, and I'll be right back.
OK, and again my sincere apologies for the delay between the first tweet and the actual thread start - I forgot I'd hit the tweet button, thought it was still open in another tab.

Anyway, we got through Issue 1 in the brief on Monday. Picking up with issue 2:
Read 46 tweets
Good evening, #threadnought -
After taking a few evenings off, I'm ready to start the runthrough on the last of the three appellee's briefs - the Toye/Rial one. This one is longer than the others, for multiple reasons, so I won't get through all of it tonight.
I've skimmed through the brief, and I think (time tonight permitting) I'll go through as far as about the start of Issue 3. That should put me in a reasonable spot to get through the rest on Wednesday. (I'm going to take tomorrow off.)
I'm going to take a minute, grab a cider, and give you a chance to grab your drink of choice, and then we'll get rolling.
Read 57 tweets
Good evening, #threadnought - time to start on appellee's briefs.

This will probably take a few days. I'll start with Sam's, since it's the shortest, and will give me an idea of how fast I'm going to be able to get through these.
I had a chance to skim the briefs, but haven't read in any real detail yet. Based on that, I'd Sam's isn't quite up to the standard we saw in the earlier filings in terms of presentation and proofreading. But that's understandable on multiple grounds.
1: The current circumstances (bearing in mind that Sam's a very small firm/solo kind of practitioner) and the extra demands on time.

2: All Sam is looking for from this brief is to preserve the status quo. Unlike the TCPA hearing, Sam doesn't need to win; he needs to not lose.
Read 50 tweets
Good evening, #threadnought -

I hit my goals earlier than I expected today, and I've had a couple of people ask me what @RekietaMedia was talking about in this video. I'm not going to do a full Whipplecast, but let's see if we can figure it out.

@RekietaMedia I'm going to run this at 2x, and I'm not stopping for everything because I'd be here all night, but let's see if we can at least hit the low points. I'll try to remember to give timestamps, but no promises.
@RekietaMedia 0:37 - apparently, this is a "quick hit legal infusion" which is an interesting term, since it seems to suggest that legal knowledge can flow into someone like some sort of (presumably non-recreational) IV pharmaceutical.
Read 78 tweets
OK #Threadnought, a thread on the Appellant's Brief filed by Plaintiffs. I offer you these criticisms and observations as someone who has filed, by my count, lots of briefs in Texas appellate courts throughout the years. 1 of LOTS
First, the fonts. If you're not using Matthew Butterick's typography for lawyers, you are failing as an appellate advocate and I honestly pity you. /2
Second, footnotes versus in-line citations. Weighty legal authorities tell you footnotes. They are wrong, and possibly commies who hate America and apple pie. Use in-line citations like Jesus and Moses did when suing the Romans. /3
Read 68 tweets
Good evening #threadnought - I've got a few more thoughts.

Because this tweet from Lung is correct. I doubt I have much relevancy on Twitter, and Ty (or at least his firm) definitely lost the case again. Let's look at exactly how.
So here's where I've been on this appeal: I was convinced that TI w/ prospective was toast, the whole case against Marchi was toast, TI w/ K was toast for Funi - basically, everything except a couple of Ron/Monica claims was done.

But there were some arguments available.
That was where I was when I went to sleep last night. Now? Not so much.

Here's how BHBC stomped out the last few faintly smoldering ashes of the case they burned:

(1) Public figure. Let's start there, because why not. Lots of Vic & Nick fans keep saying that was wrong.
Read 22 tweets
Good morning, #threadnought - time for the livetweet of the Appellant's brief in Mignogna v People Who Hurt Mignogna's Feelings.

The brief still isn't publicly available, but I'll be posting screenshots. Absolutely don't trust me and do check my work when it becomes available.
I'm going to grab a cup of tea, and give y'all a chance to do the same, and then we'll get rolling on this for real.
Right. So let's review what this document needs to accomplish:

(1) It needs to get the affidavits - at least Vic's and Slatosch's - in as evidence. (Huber's was basically useless.)
(2) It needs to clearly identify why the court was wrong on each claim.
Read 83 tweets
Good evening, #Threadnought - it's almost 7:30, and I've now heard Lara Croft say the same exact thing - in a DLC challenge tomb - 15 times in very short succession, punctuated by 15 or so falling screams. So it's definitely time for a break.

So let's get started on this.
So - basic ground rules for the next several nights. This transcript is damn near 200 pages. I'm going to try and keep it to about 2 hours a night, or less. That'll probably change if I get really interested in the reading, but I'm not sure how much that'll happen.
My expectation based on a lot of the hearing notes is that much of the testimony is going to be fairly technical and repetitive. I'll go through that probably fairly quickly, without getting into excessive detail.
Read 50 tweets
Hello and welcome to another livetweeting of a livestream from Nick Rekieta, Alleged Internet Lawyer, regarding Vic Mignogna v. Funimation et al, subject of the famous #threadnought. We're live in a minute but a few brief reminders.
Nick talks very fast. I am typing and watching/listening to him in another stream. I will not be able to respond in real time to comments but COMMENTS ARE WELCOME.
Also, if you find this amusing, feel free to drop me a little something at Ko-Fi: ko-fi.com/legalinspirati… Not necessary, always appreciated, and will probably be used for psych meds, which I'm going to need before this is all over.
Read 171 tweets
Good evening #Threadnought

While we wait for news, here's a short thread on why judges don't like sanctions and sanctions hearings very much, even though everyone (judges included) knows that this can lead to more bad behavior:

It's the time.
I took a look at re:Search Texas, where you can limit searches to court and to open or closed status.

Judge Chupp has about 640 open cases on the docket right now. 50 weeks of 40 hours each per year is 2000 hours. That's about 3.1 hours per case PER YEAR.
This is not an exceptionally crowded docket - it's about in the middle of the other Tarrant District Courts I looked at. And that matches other courts I'm familiar with.
Read 9 tweets
#threadnought I will be leaving for Fort Worth shortly. Follow this thread for updates to the sanctions hearing. IANAL so I cannot live tweet, but I will take notes and let you know if anyone else shows up.
Here we go!
Passed security and headed to the third floor.
Read 65 tweets
Good [insert time of day as appropriate for timezone/personal preference] #Threadnought!

New filings.

We have Plaintiff's responses to the Funi & Toye/Rial motions for sanctions - relevant to the hearing in 2 hours. Nothing up for Marchi yet. I'll have them up in a minute.
Taking a minute or two longer than I expected - technical issues here.

Based on fonts and formatting, these are from Martinez Hsu, not from BHBWhoever.
Here's the links -
Toye/Rial dropbox.com/s/9zhavezor8uf…

Funi dropbox.com/s/sungrbhkji09…

I'll start with Funi. Someone please let me know if a livetweet starts from the hearing.
Read 38 tweets
Good morning, Sailors and Pirates of the #threadnought and #fednought. It’s time to head over to Fort Worth to see if anything of note happens in the 141st.

Ready to take some notes. No point in asking for Ty’s autograph, since it would be more authentic to forge it anyway.
I do not plan to live tweet the proceedings, but I will be taking notes for a post-hearing recap.

I’ll tag hearing-related items with #antiSLAPPsgiving141
I am now in line behind the only person in Central Market history - perhaps the history of Texas - who is incapable of making a payment with either cash or credit/credit card.

Shades of Ty Beard’s litigation competence.
Read 132 tweets
Good evening again, #threadnought - new filings!!

It looks like the Band of Buffoons need more time to respond to the motions for sanctions. I'll have the file up in a minute.
And here we go. It's 1 am here, but it's pretty short, so I'll have time to do a quick livetweet before I pack it in for the night.

dropbox.com/s/88gct2g4m77a…
As always, I'll start with the Prayer for Relief.

Scratch that - no I won't. I can't. There isn't one.
Read 17 tweets
Good evening, #threadnought - new filing.

Those of you who bet that the Plaintiff would seize the opportunity provided by the nonpayment for the clerk's record to quietly let their spectacularly defective appeal drop, please step forward.
And open your wallets, and pay up.

The geniuses at BHBWhoever have paid for the clerk's record in the defective appeal. What effect this will have on that particular segment of their train wreck of a case remains to be seen.

dropbox.com/s/lyunqeq48nzq…
Seriously - last thing before I wrap up for the night -

The notice of appeal said that the appeal includes any fees or sanctions subsequently imposed. The $3k record they just bought doesn't include everything necessary for an appeal of fees and sanctions.
Read 5 tweets
Good evening, #Threadnought - with the hearing on fees and sanctions scheduled for ~2 weeks from now, this seems like a good time to take a look both at what's likely to happen going forward and at just how we got to where we are.

A recap episode of sorts, in other words.
Let's start by making it clear what kind of recap episode this will be.

This is kind of like a recap just before the grand finale.

It's not like the recap you get at the start of a new season.
That's because, Nick and KF saltiness notwithstanding, there is every reason to believe we're reaching the end of high activity in this case. It will take some time for all the pieces of the wreckage to settle, but there's not much left in terms of major activity.
Read 61 tweets
Good evening #Threadnought, let's talk about the hearing that was held this afternoon now that I've finished work. If I miss anything, well, sorry, I was the only one in the gallery and I'm working off of my notes and memory. 1/17
Takeaways: Slatosch will not be deposed right now, may be compelled to testify later. Judge Chupp does not like the idea of calling Ty to testify at all and seems like he would prefer any alternative to that. Sanctions on Lemoine dismissed. 2/17
I mentioned that the gallery was barren, but the plaintiff's chairs were not. Four of Vic's lawyers were present, though the only two I can name are Martinez and Ty. Only Martinez spoke for the plaintiffs. For the defense were @TXantislapplaw and his boss(?) 3/17
Read 23 tweets
Good Afternoon #Threadnought - New Filing!

This one is from the appeal. It's another letter filing - but this one is from the 2nd Court of Appeals to Ty, and says (in lawyer): "Dear Ty:
You done screwed up. Fix it.
Sincerely,
The Court

dropbox.com/s/zhax51w3sig1…

(ht: @CPlanned)
@CPlanned I've got a few things to say about this brief filing. We'll start with the obvious, then move to the more substantive.

The obvious:
#oof
#howembarrassing
@CPlanned The more substantive:
(1) having the court threaten to dismiss your appeal of a final order for lack of prosecution prior to the hearing that would result in the entry of a final order is Time Lord absurdity, and I'm loving it.
Read 4 tweets
Good Morning #threadnought - New Filings!!

Both the Toye/Rial and Marchi fees motions are in. I'm purchasing and uploading now; will post links in a minute.

I'll do the bottom-line numbers in this thread, and then separate threads for each motion's substantive content.
Oh my - the first page of each motion has a color photo.
Here's the link for (and photo from) Lemoine's submission:

dropbox.com/s/0dn9slafkrj6…
Read 10 tweets

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