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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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A while back, @ThatUmbrella tried to trademark @renfamous name in a sad attempt at harassment/trolling. Everyone rightfully mocked him at his self-doxxing. I, however, decided that in the Christmas spirit TUG needed a gift. So I decided to send him a Bag Of Edible Dicks to enjoy!
Now, I wanted it to be a surprise present! But I was made to realize a very important thing: @ThatUmbrella is a lying sack of shit and will blame @renfamous or @MarzGurl or @DevilDom19 or @FilthAlexis or @SjwSpiderman. I don’t want anyone harassed unjustly on my behalf by CG/ISWV
I also don’t want @ThatUmbrella or his lying, catfishing wife Ashley/Lola/Whatever next troll name she chooses taking random garbage from their garage and claiming they were sent a bomb or catshit or anything other than delicious dick shaped gummies from…
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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.
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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.
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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.
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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.
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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
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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.
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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:…
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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.
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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.
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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

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