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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.
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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.
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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.
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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.
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#threadnought We’re here!
I’m meeting so many twitter people!
The Beard is here! Media. Photographers! Woo hoo
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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.
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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.
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Goodnight #threadnought -
Here's what we can expect to see tomorrow:

Damned if I know, actually.

Had Ty filed a minimally competent document on time on Friday, we'd probably have been looking at 3 filings.
We can still probably expect to see, either late tomorrow or (if filed after close of business) on Wednesday, 3 responses to the literal feces that was submitted Friday.

But there are now some wild cards.
One of those is Ty.

I think the window for him to safely try to fix the damage he did to his client's face closed on Saturday, and definitely no later than Sunday. I think it's hermetically sealed. But we might see him try this:
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@micahodor This... is a big lift.
@micahodor I will attempt to sum it up.

Vic Mignognia is a 50 something year old American voice actor, famed w/in a niche audience for voicing characters in anime localization dubs. He is also, by growing reputation, a sex pest who went to cons to pick up young women and harassed coworkers
@micahodor These rumors have been swirling around the industry and adjacent fan community for at least a decade, but came to head around January 2019, following the release of Dragon Ball: Broly, where Vic played the title character, due to a combination of MeToo and Twitter being Twitter.
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In case you didn't notice, in the above tweet, the entire doc is linked, c/o @questauthority.…
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This is both #threadnought-relevant and (more importantly) very likely to be misunderstood, so a brief explainer might be warranted.

But I'm on the road this weekend, so it will be very brief.
Fair warning: I'm going to simplify things a bit more than usual.

There are two main ways a civil case can wind up in federal court: it can involve federal laws, or it can involve people from multiple states.
Cases that involve federal laws (including the Constitution) may be heard in federal court under what's known as "federal question jurisdiction." (provided for by 28 USC § 1331).
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Good evening #Threadnought - let's take a look at Ty's latest filing: "Plaintiff's Motion to Strike or Disregard Defendants' Late Filings". This one is a mercifully short five pages, and almost the whole 5th page is signatures.
So the filing itself shouldn't take too long to get through. That said, there's been a bit of legal commentary on the motion already, and it might be good to add that into the thread too.
We'll start, as usual, by skipping to the end and seeing what Ty is asking the court to do:
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Good evening, #Threadnought. In the wake of yesterday's digital release, and today's A1-above-the-fold print release, of the DMN article about the @vicmignogna lawsuit, I thought tonight would be a good night to revisit a key issue:

@vicmignogna Is the clearly detrimental effect of this suit on Vic's reputation something that competent counsel should have anticipated before filing suit?
@vicmignogna I think this is worth visiting, in particular, both because the pro-Vic people seem to be blaming the defense for the news article and because they seem to be very upset that the defense has included things in court filings that make Nick look bad.

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("Ex parte" is Latin for "from." An ex parte communication is one coming from only one party, not providing any notice to the other party. Basically the opposite of a letter copied to opposing counsel, filed publicly, and served via the electronic filing system.)
It is quite literally impossible to overstate how fantastically dumb Ty Beard's "ex parte" characterization is

To any minimally competent attorney, it screams "this guy doesn't know what he's doing"
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The motion is weak and the basis is LOLable, but my suspicion is that the judge will grant it (though likely for less than 3 weeks)

Defendants will argue the burden is on Plaintiff to show good cause (the motion doesn't do that), plus ongoing harassment

Positive for the Defendants. He gives their attorneys lots of usable material

A good rule of thumb as y'all see an assortment of "bUt ThEy LiEd UnDeR oAtH" tweets from conVics is that they're typically projecting – accusing others of the things they themselves or R.Broly have done

Consider these excerpt from the R.Broly deposition...

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The #Threadnought has been running for so long it broke Twitter and they replaced it with a garbage-looking emergency backup. And the lawsuit that inspired Twitter - Vic "R Broly" Mignogna v Some But Not All of the People Who Said Mean Things About Him - is entering a new phase.
So tonight seems like a good night for a "case status" post. I'm going to do this livetweet-style, since that's the most convenient for me (and also because it will give people time to ask questions). The idea is for this to be a review of the state of affairs up to this point.
With that in mind, I'm going to do a quick (and NON-COMPREHENSIVE) walkthrough of the situation, then explain what will be coming up over the next few weeks, and in particular look at the specific things each side needs to show the judge.
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I finished reading Ronica's TCPA motion.

Please don't defend Vic if you haven't read this.

I skipped the depositions and articles I'd already read, but I otherwise read every word. I fixed the sideways pages and put it on my drive, if anyone wants that.…
I went into this with a lot of excitement because I knew it was going to destroy whatever sliver of a case Vic had left. It absolutely did, but it left me feeling emotionally drained. This is a truly terrible document. It's even worse if you know how many stories got left out.
These emails between Vic and @MicheleSpecht hurt so much to read. We all knew how much she must have suffered, but to see it laid out like this—and for him to try to deny her the right to tell her story in the end—is just the nail in his coffin. What a reprehensible human being.
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@greg_doucette I just got to Nick's section of the motion.
@greg_doucette "Allegedly a practicing lawyer and 'journalist'"
@greg_doucette With bonus fun in the footnotes.
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@greg_doucette #threadnought

Not a full breakdown of Nick's commentary. I'm sober, so nah. But here's a crazy bit. And I'll transcribe it word for goddamned word. The things I do for you people. Abandon hope all ye who enter.

Beginning at 1:43:20

"[quoting Rial] I just went along with it... I just went along with it. [mocking high-pitched voice] Knowing that Stan would save me. [fake-as-hell deep voice] I just went along with it. You know what that sounds like? I mean, I know how she's describing it

[Nick, continued] and I know how I'm going to be characterized for this but I don't really care. Listen, 'I just went along with it' sounds a lot like consent. It sure sounds like consent when you just go along with it, 'cause you could have just said 'nah fam I'm good'

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So - for those following the #Threadnought (the mega-thread of mega-threads discussing the @vicmignogna v people who accused him of harassment defamation case), I'm going to use this thread to summarize his deposition.

Here's the overview:
Here's a fun bit, although not on the top 10 list. This isn't going to help the defamation case.
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Texas's anti-SLAPP statute requires the judge to enter an order for the loser to pay the winner's attorney fees. It's not optional.

TCPA §27.009(a)

Twitter says you've @'d me 78 times since 6/11, with 20+ of them in just the past few hours

This seems like a pot-kettle moment for you

Definitely a reasonable assumption. Given Screech's perpetual word vomit on YouTube, there are likely some things he'll authenticate that would help on the merits of the TCPA motion too

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More or less sad AF than wearing a mask over facepaint in public?

Basically. Except using 13+ warriors at the same time to do it instead of just one 😂

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