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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:… 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.
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#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 -


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.…
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.…
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.
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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.
The Court…

(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:
@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:…
Read 10 tweets
Good evening #Threadnought!

Welcome to another exciting livestreaming of "Nicky Explains It All." We'll start in a few minutes, but first a few things.

1) If you can and if you want to, donations toward the meds I'll probably end up on accepted here:…
2) Nick talks very fast. I have the stream splitscreened with Twitter. I can't respond to your responses until the stream ends for the most part. Please feel free to respond! I just likely won't answer for a while.
3) Nick makes a lot of hateful remarks. I don't endorse them and for the most part I have just gotten to the point where I ignore them. However, I am very sarcastic and sometimes I use them as part of my Art. Please don't take anything I say as agreement with such.
Read 181 tweets
Good evening again, #Threadnought!

More filings! I'll get these uploaded shortly.
We've got a response to the motion to compel, and a request for an oral hearing.

Letter requesting oral hearing:…

Response to the motion to compel:…
I'm going to do the livetweet on these first, then the Funi motion for fees.

Going to get a drink (tea, because I has a cold) and then get rolling.
Read 56 tweets
Okay we're about to go live with tonight's exciting episode of the Nicky Mouse Club. Please stand by.

Hooking up my laptop fan stand because it's about to get HEATED all up in here!
Chat participant: Nick's pronouns are late/late.

Read 146 tweets
When lawtwitter goes down nostalgia lane for "told you so" opportunities, they go back to June 6. We go back to April 19, the day the lawsuit was filed. We can go back before then, but April 19 is when the online conversation got into the legal weeds.

Nick was quick to disseminate his talking points about the prima facie case they needed to present at the TCPA stage. He told them that Vic would only have to state under oath that he didn't do the things in the allegedly defamatory statements, and then the burden would shift.
They couldn't wrap their heads around the idea that, if you can't prove that someone's statements are defamatory, then you maybe shouldn't sue them for defamation. (Especially not in a state with one of the strongest anti-SLAPP laws in the country.)
Read 34 tweets
Good morning, #threadnought

I think we're expecting a ruling on the remainder of the TCPA today. I thought it might be good to do a quick expectations check.
Prevailing wisdom is that everything is getting tossed. I'm sticking with my own August estimate of the overall odds.

But that's a side point. There are for all intents and purposes 3 possible outcomes today. I'll go through them all quickly, along with next steps for each.
Possibility 1: Everything is tossed.
Possibility 2: Some stuff is tossed, but not everything. If that's what happens, I'd expect Funi to be out of the case.
Possibility 3: None of the remaining counts are tossed.
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Good evening #threadnought -
Let's knock out the last of the transcript from the TCPA hearing. Why not. It's a beautiful evening. I could doing so many other things - but how can I stop watching when there are so many train cars flying through the air?
Sorry if my enthusiasm level is down a bit on this one - Ty's performance so atrocious that it's been literally draining to wade through the disaster. So so much cringe.
When we left off last night, Judge Chupp had elected to move on to the Funimation case, leaving defamation and conspiracy still to be determined for Toye and Rial.
Read 76 tweets
Good evening - or afternoon - #threadnought

It's time for Part 2 of the TCPA hearing transcript livetweet. Here's how I'll work this tonight:
I'm going to get through at least Rial/Toye and hopefully the whole thing.
There will be at least one interruption, and if things are going well enough to get through the whole thing I might split the thread at the start of the Funi portion.

As with yesterday's effort, I'm going to focus more on the argument than on the merits. Probably.
I'm also probably not going to see questions in time to work them into the thread, but will try to go back later on.

So, without further ado, let's return to the tale of Ty and the Terrible, Horrible, No-Good, Very Bad Hearing.
Read 103 tweets
Good evening - or night - #threadnought

It's been a while, but it looks like it's time for a livetweet. My understanding is that the full document will be released to the public very soon, and I'll link it at the end of the thread instead of waiting to start.
A quick overview:
I'm in England and it's pushing midnight, so I'm not going to sink too deep into the substantive law, but I will try to hit all the high points from the hearing. I'll also talk about oral advocacy a fair amount.
I coach a moot court team, so I'll be reading this transcript with the question of whether it should be assigned reading in mind.

I should note in this context that I've got hopes for Hsu (Vic's newest lawyer.) His bio said he did Jessup, which is a big deal moot court.
Read 108 tweets
Good evening #threadnought - let's talk attorney's fees, and how they work in a case like this.

Fair warning: I have neither the time nor inclination tonight to do Texas law research, so I'm going to be going on a broad view of the subject.
That said, I had to do pretty extensive research on this subject a couple of times, including once for a judge. And a lot of that research looked at national trends. So I might not be on the mark, but I shouldn't be too far off.
Let's start - for our overseas followers - with a basic principle that surprises most of the rest of the world: The American Rule.

In most of the world, the loser pays the winner's attorneys' fees. In the USA, the rule is that each side bears its own fees win or lose.
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Mignogna's Island - an ode to the #Threadnought and @greg_doucette, @shane_holmberg, and @questauthority

Just sit right back and you’ll hear a tale,
a tale of a fateful tort.
That started from this Texas town,
and ended in a court.
@greg_doucette @shane_holmberg @questauthority The Screech was conin’ lolyer man
His Percy, dumb as dirt.
The vicstans all had hopes so high
For a big legal show…
…..a big legal show.
@greg_doucette @shane_holmberg @questauthority The judge then started getting rough,
Their little minds were tossed.
“You mean we have to PROVE our case?”
“I think that we have lost…”
We KNOW that you have lost.
Read 4 tweets
#threadnought We’re here!
I’m meeting so many twitter people!
The Beard is here! Media. Photographers! Woo hoo
Read 129 tweets
Good morning #Threadnought -

I was, to be honest, planning on skimming all the rest of the filings, but since I livetweeted the other two, might as well complete the set.

As with the others, no prereading here.
This was filed a little later than the others - 5:51 pm - but well within the time limit for replies, and early enough to let Volney get home after what was, due to Ty's shenanigans, an unnecessarily trying weekend.
Volney has been the most restrained and straightforward in his filings - not surprising given how awful the case against him is - so it was actually a little startling to see his opener.
Read 19 tweets
Good Evening #Threadnought and all the little ships at sea.

New filing:
Reply in support of the motion to dismiss. This, unlike the "Ty Beard: Accidental Notary" motion, is submitted only on behalf of Toye and Rial.…
I think we've had 10 filings drop already today, which is over my expectations to the tune of at least 4, and I'm not sure we're done yet. I'll try to unravel things later, and figure out how/what to summarize.

In the meantime, let's take a run through this one.
To refresh: this is the reply to the epic disaster that Ty submitted on Friday. Probably. The Second Amended Complaint complicates this some, to whatever extent that it might differ from Friday's response.

I'm going to talk about that and about bad faith assholery later.
Read 43 tweets

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