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This poll ended up even more lop-sided than we expected!
Give me a moment...
-MtSG
Give me a moment...
-MtSG
Long-time listeners know our normal Twitter convention is for me to sign my tweets "MtSG" (Mike the Sound Guy) since normally I'm not on Twitter because this place is usually a dumpster fire hellsite
However...
However...
Unknown to the listenership, I have been pursuing my JD from the Twitter University School of Law. And I've been reliably informed that it has the equivalent of a 3L practice rule?
And for 3L-practice-rule tweets, apparently signing every one "-MtSG" would be weird
And for 3L-practice-rule tweets, apparently signing every one "-MtSG" would be weird
So starting from this next tweet, I'll be sharing my totally original law thoughts that were generated on the fly and definitely aren't something like text messages or email copy/pastes
====================
RANDOM LAW THOUGHTS FROM MIKE THE SOUND GUY
====================
RANDOM LAW THOUGHTS FROM MIKE THE SOUND GUY
====================
HOOOOOLY SH*T DID Y'ALL READ THAT??? 🤣😂🤣😂🤣😂🤣
This is, without peer, the single-worst trainwreck of a brief I've ever seen filed with a court
And I've read SovCit filings!
This is, without peer, the single-worst trainwreck of a brief I've ever seen filed with a court
And I've read SovCit filings!
I know it's gonna be super-late before y'all get this, so we're going to keep things very brief
I'm gonna talk a smidge on procedure, some things that are missing, the affidavits, and links to other Threadnought lawyers who've weighed in
I'm gonna talk a smidge on procedure, some things that are missing, the affidavits, and links to other Threadnought lawyers who've weighed in
Before we do that though, I have an important request:
I'm gonna need y'all to RT the sh*t out of these tweets, b/c the podcast account only has 1/10th the reach so the odds of ppl seeing this are slim
Encourage folks to follow @fsckemall too plz 😬
I'm gonna need y'all to RT the sh*t out of these tweets, b/c the podcast account only has 1/10th the reach so the odds of ppl seeing this are slim
Encourage folks to follow @fsckemall too plz 😬
Also: apologies to the @fsckemall regulars who are suddenly finding this account turned into a f+ckin' anime weeb soap opera 🤣
Before we begin, let's cover some pettiness because I'm occasionally petty like that
Remember this tweet about R.Broly?
Remember this tweet about R.Broly?
They're apparently *very mad* that tweet went out
And went viral
And is still up
Getting seen by a quarter-million people 🙃
And went viral
And is still up
Getting seen by a quarter-million people 🙃
Very, very mad 🤣😂🤣😂🤣
F*ckin' clowns
F*ckin' clowns
But enough pettiness
BECAUSE HOLY SH*T DID YOU SEE THAT 1200 PAGE BOWEL MOVEMENT PERCY FILED?????
BECAUSE HOLY SH*T DID YOU SEE THAT 1200 PAGE BOWEL MOVEMENT PERCY FILED?????
Every LOLyer who signed that document should be disbarred as a public service
And I'm not even kidding
If any of you are friends with Vic Mignogna, tell him to consult a malpractice attorney STAT
#goddamnson
And I'm not even kidding
If any of you are friends with Vic Mignogna, tell him to consult a malpractice attorney STAT
#goddamnson
Worse
Most of y'all already noticed the rampant errors (WHO LEAVES BLANKS FOR EXHIBIT ENTRIES???), but there are some *really* choice gems we probably won't get to until tomorrow
I actually said "oh. my. God." out loud. More than once.
I actually said "oh. my. God." out loud. More than once.
Let me put it like this:
You know how this all started with a TDMA letter saying calling someone "piece of sh*t" was defamatory? And blaspheming Jesus was defamatory?
Take that same level of competence and expand it to 1200 pages of LOLwut
You know how this all started with a TDMA letter saying calling someone "piece of sh*t" was defamatory? And blaspheming Jesus was defamatory?
Take that same level of competence and expand it to 1200 pages of LOLwut
But the f*ckery predates the document
Let's talk about the effect of Percy blowing that deadline like it was an R.Broly prostitute
Let's talk about the effect of Percy blowing that deadline like it was an R.Broly prostitute
Those of you who were awake last night and paying attention to this particular controversy likely noticed the LOLetry of Percy totally boomer'ing the upload of his documents
Some speculation was that he was trying to upload audio... but it turns out you can't upload audio at all
Some speculation was that he was trying to upload audio... but it turns out you can't upload audio at all
The dude just f*cked up trying to upload a plain PDF
(In all likelihood, this dumpster fire of dumpster fires probably was in an even worse state of not-done-ness, and they fabricated "technical issues" to pray the judge is cool with it)
(In all likelihood, this dumpster fire of dumpster fires probably was in an even worse state of not-done-ness, and they fabricated "technical issues" to pray the judge is cool with it)
So we know it was filed on Saturday
We don't officially know what time until the time-stamped copy hits the public docket
Supposedly it was "only" 27 minutes late
But...
We don't officially know what time until the time-stamped copy hits the public docket
Supposedly it was "only" 27 minutes late
But...
Civil cases in Texas are governed by a variety of rules, most of which are in the Texas Rules of Civil Procedure
You can read them online here:
txcourts.gov/media/1443641/…
You can read them online here:
txcourts.gov/media/1443641/…
(Yes, the Texas Courts misspelled "February" in the filename. No, I don't think Percy works for them.)
Rule 21(f) of the Texas Rules of Civil Procedure governs electronic filing of documents
Check out subpart (5)
txcourts.gov/media/1443641/…
Check out subpart (5)
txcourts.gov/media/1443641/…
For the non-lawyers, what this means is that Percy choosing to file Vic Mignogna's TCPA response on Saturday 8/31 means it is going to be deemed by Rule to have been filed on Tuesday, 9/3
4 days after his 8/30 deadline
4 days after his 8/30 deadline
Now here's the thing: Percy actually knows he f*cked up royally, which is why he was @$$blasted on Twitter soon after it was filed talking about "reasonable accommodations" for boomers
Let's check that portion of the Rule in the next tweet, shall we?
Let's check that portion of the Rule in the next tweet, shall we?
Here's the portion of Rule 21(f) governing reasonable accommodations for technical failures
Any words seem important to you?
txcourts.gov/media/1443641/…
Any words seem important to you?
txcourts.gov/media/1443641/…
Remember: this 8/30 filing deadline was *agreed to by the lawyers*
It wasn't set by the Rules of Civil Procedure
Here's their letter of agreement:
drive.google.com/file/d/1j_Tbri…
It wasn't set by the Rules of Civil Procedure
Here's their letter of agreement:
drive.google.com/file/d/1j_Tbri…
Now, are the defense attorneys going to try and have this response struck?
Doubtful. That's how bad the response is: Percy actually makes the Defendants' cases for them!
But *if the judge did strike it,* he'd be out of luck on appeal
Doubtful. That's how bad the response is: Percy actually makes the Defendants' cases for them!
But *if the judge did strike it,* he'd be out of luck on appeal
It's not possible to articulate how thoroughly Ty Beard f*cked Vic Mignogna by ignoring this deadline
The almost-certain result is that the judge allows the response but refuses to strike any of the Defendants' evidence
Very, very, very bad news for the R. Kelly of Anime
The almost-certain result is that the judge allows the response but refuses to strike any of the Defendants' evidence
Very, very, very bad news for the R. Kelly of Anime
So let's get into the filing itself
I took @questauthority's copy and ran it through Optical Character Recognition so all of it is searchable
Dropbox link to it is here:
dropbox.com/s/vxxvlq8u8nl3…
I took @questauthority's copy and ran it through Optical Character Recognition so all of it is searchable
Dropbox link to it is here:
dropbox.com/s/vxxvlq8u8nl3…
Among the *vast* amount of LOLetry in here, these morons don't understand the concept of scrubbing metadata
But let's talk about what's *NOT* in this filing first
Remember all that boasting on the livescreech about how the TCPA was unconstitutional? Not included
Any response to the §230 defense raised by Rial/Toye? Not included
That vaunted Motion for Sanctions? Not included
Remember all that boasting on the livescreech about how the TCPA was unconstitutional? Not included
Any response to the §230 defense raised by Rial/Toye? Not included
That vaunted Motion for Sanctions? Not included
And since they're not raised in the response brief...
::drumroll::
...that means they're waived as possible arguments on appeal!
::drumroll::
...that means they're waived as possible arguments on appeal!
It's a UTC timecode adjusted to my time zone
So their last modification on this – meaning THEY WERE STILL EDITING IT – was at 12:24am Texas time
So their last modification on this – meaning THEY WERE STILL EDITING IT – was at 12:24am Texas time
So we're gonna skip the body of the response itself
And the Motion to strike that I'm pretty sure Screech himself wrote 🤣🤣
Let's just say that putting something like this in your brief – admitting your client's rep has been sh*t for 19 years – is malpractice
And the Motion to strike that I'm pretty sure Screech himself wrote 🤣🤣
Let's just say that putting something like this in your brief – admitting your client's rep has been sh*t for 19 years – is malpractice
As an aside, Percy's blindingly idiotic focus on Chris Sabat – @VoiceOfVegeta – makes it clear this response was written for the GFM donors and not the judge
Saying a *non-Defendant* is responsible for defaming your client *two decades* ago is just incalculably stupid holy hell
Saying a *non-Defendant* is responsible for defaming your client *two decades* ago is just incalculably stupid holy hell
His efforts to try and preemptively target someone else ends up providing evidence of substantial truth, previously diminished reputation, and several of the other affirmative defenses the Defendants asserted in their Answers awhile ago 🤣🤣
Remember Funi's Answer?
Remember Funi's Answer?
BONUS: Percy can't sue on the statements he's talking about, because the Texas statute of limitations on defamation is 1 year
#oof #howembarrassing
#oof #howembarrassing
Also this is just comical I'm sorry 🤣😂🤣😂🤣
BUT ENOUGH WITH THE MOTIONS
I'm gonna link you to several threads of folks dissecting the motions
The motions are really, really, really bad and we'll be here all night if we talked about the motions
I'm gonna link you to several threads of folks dissecting the motions
The motions are really, really, really bad and we'll be here all night if we talked about the motions
Let's go straight to the affidavits
First: can anyone confirm the physical locations of Chris Slatosch, Chuck Huber, and Vic Mignogna on August 30th?
Because Ty Beard notarized all 3 of them, and at least 2 look like digital signatures notarized later
First: can anyone confirm the physical locations of Chris Slatosch, Chuck Huber, and Vic Mignogna on August 30th?
Because Ty Beard notarized all 3 of them, and at least 2 look like digital signatures notarized later
Ty Beard doing fraudulent notary signings would, of course, be a big no-no
On par w/ the fake subpoenas his law firm was sanctioned for creating in the Goughnour v Patterson case
It would be *HILARIOUS* if one of the defense attorneys demanded to see his ledger of notarial acts
On par w/ the fake subpoenas his law firm was sanctioned for creating in the Goughnour v Patterson case
It would be *HILARIOUS* if one of the defense attorneys demanded to see his ledger of notarial acts
Let's stick with R.Broly's affidavit for just a bit, because there's a nonzero chance that thing is getting NUKED
Vic Mignogna's Affidavit in Ty Beard's "response" document is what we litigators call a "sham affidavit"
It tries to paper over earlier contradictory testimony that was under oath
Consider, for example, Vic's affidavit vs his deposition about cancelled con appearances
It tries to paper over earlier contradictory testimony that was under oath
Consider, for example, Vic's affidavit vs his deposition about cancelled con appearances
Or how he tries to explain away his gripping and pulling @marchimark's hair
Which, let's remember, he gladly demonstrated for the camera using his closed fist
The problem with sham affidavits is that they're perjurious. The affiant claims under oath that something is different from what they said under oath in their deposition
Before June 2018, Fort Worth was one of the few areas of Texas that allowed sham affidavits
You'll recall that's where this case is pending
But it turns out the Texas Supreme Court said "LOLwut" in the case of Lujan v Navistar Inc, 555 SW3d 79 (Tex 2018)
Vic's affidavit now:
You'll recall that's where this case is pending
But it turns out the Texas Supreme Court said "LOLwut" in the case of Lujan v Navistar Inc, 555 SW3d 79 (Tex 2018)
Vic's affidavit now:
We won't get into the details of Lujan due to the hour, but suffice to say the Sham Affidavit Rule is now part of Texas law
You can read it yourself here:
casetext.com/case/lujan-v-n…
You can read it yourself here:
casetext.com/case/lujan-v-n…
Now let me make this next part very clear:
Submitting a sham affidavit for R.Broly is DISASTROUSLY BAD FOR HIS CASE
🤣😂🤣😂🤣
Submitting a sham affidavit for R.Broly is DISASTROUSLY BAD FOR HIS CASE
🤣😂🤣😂🤣
Because y'all remember that Van Der Linden v. Khan case?
The -1- case that might have given Percy a 15% chance of surviving a TCPA motion from Monica?
He just f*cked it up totally
The -1- case that might have given Percy a 15% chance of surviving a TCPA motion from Monica?
He just f*cked it up totally
The Khan ruling says that, when a private figure is suing for defamation based on a circumstance that only 2 people know about, merely denying the thing occurred is sufficient to provide "clear and specific evidence" of falsity for a TCPA and the court cannot consider truth yet
So in this case, Vic saying Monica wasn't in his hotel room would be enough to beat the TCPA on whether he assaulted her in his hotel room*
(*in theory. Khan doesn't apply to public figures.)
(*in theory. Khan doesn't apply to public figures.)
And if the judge decided Khan applied, the mere denial would due double duty as evidence of actual malice as well
But by providing a sham affidavit:
1️⃣ There's a good chance the affidavit will be struck entirely, like in Lujan
2️⃣ The Court can't now take a mere denial as "clear and specific," because the same party – Vic Mignogna – is on record, under oath, contradicting himself repeatedly
1️⃣ There's a good chance the affidavit will be struck entirely, like in Lujan
2️⃣ The Court can't now take a mere denial as "clear and specific," because the same party – Vic Mignogna – is on record, under oath, contradicting himself repeatedly
Vic's affidavit is a disaster
But there are more disasters!
Like Chuck Huber's affidavit. Hoooooly sh*t.
But there are more disasters!
Like Chuck Huber's affidavit. Hoooooly sh*t.
I don't know who Chuck Huber is, but judging from the affidavit Vic Mignogna must have f*cked his wife because goddamn son
WHOSE SIDE ARE YOU ON MY GUY?? 🤣😂🤣😂
WHOSE SIDE ARE YOU ON MY GUY?? 🤣😂🤣😂
I don't know if he wrote that affidavit or if Percy did, but Chuck Huber dedicates *MULTIPLE PARAGRAPHS* to explaining how Vic Mignogna had an already-damaged reputation *FOR YEARS*
AND PERCY FILED IT!!!
🤣😂🤣😂🤣
#oof #howembarrassing
AND PERCY FILED IT!!!
🤣😂🤣😂🤣
#oof #howembarrassing
The Slatosch Affidavit is a similar grade of codswallop
Consider: he claims the text convo with @RonToye said Vic was going to be criminally charged
But the text messages attached – the ones we shared 3 months ago – don't mention "criminal" or "charges" anywhere
Consider: he claims the text convo with @RonToye said Vic was going to be criminally charged
But the text messages attached – the ones we shared 3 months ago – don't mention "criminal" or "charges" anywhere
And other parts of the Slatosch Affidavit confirm a basis for Toye's justification defense!
Negotiating terms of sponsorship are "qualifiedly privileged" / justified communications, because Toye has an independent legal right to do so
Meaning Vic has to prove defamation for TI
Negotiating terms of sponsorship are "qualifiedly privileged" / justified communications, because Toye has an independent legal right to do so
Meaning Vic has to prove defamation for TI
If I'm on the defense team, I spend my Reply Brief and my talk time at the hearing on 9/6 emphasizing how much of the Plaintiff's TCPA response actually supports my own case
That's all I've got for now. There are quite a few threads from other Threadnought lawyers that you should check out –
@questauthority's livetweet:
@questauthority's livetweet:
And of course follow J Sean Lemoine at @TXantislapplaw
Plus assorted "👀" tweets like this one:
Thanks for indulging me! Make sure to retweet the individual tweets mid-thread because only about 2% of folks who see a header tweet will ever scroll down 😑
===============
THUS CONCLUDES RANDOM LAW THOUGHTS WITH MIKE THE SOUND GUY
===============
THUS CONCLUDES RANDOM LAW THOUGHTS WITH MIKE THE SOUND GUY
===============
Sadly I can't answer your legal questions, but ask them while I'm asleep and I'll pass them on to @greg_doucette to answ... to teach me the answers to 🙃
-MtSG
-MtSG
Hat tip to @LoveMyTN for noticing because I was just copy/pas... having a stream of consciousness that didn't check for typos
Not blocked! I had to delete a tweet because of a typo, but didn't see it until after folks had replied
-MtSG
-MtSG
Logging out! 👋
-MtSG
-MtSG
Call spoofing. Makes it more likely for a target to pick up.
The problem for them is that they keep using the same prefix in addition to the same area code, so it's both obvious and easy to block
-MtSG
The problem for them is that they keep using the same prefix in addition to the same area code, so it's both obvious and easy to block
-MtSG
No.
And hell no.
-MtSG
And hell no.
-MtSG
Questions That Need Answers:
Who signed Chris Slatosch's affidavit? Because it sure doesn't look like it was Chris Slatosch 🤔
Hat tip to @esp1371 for pointing it out to us!
Who signed Chris Slatosch's affidavit? Because it sure doesn't look like it was Chris Slatosch 🤔
Hat tip to @esp1371 for pointing it out to us!
Y'all should also consider reading Allison v. Conglomerate Gas II L.P. from the Fort Worth Court of Appeals (the district where this case is pending)
It's a fun case about lawsuits filed in bad faith and notarial sanctions 👀
-MtSG
casetext.com/case/allison-v…
It's a fun case about lawsuits filed in bad faith and notarial sanctions 👀
-MtSG
casetext.com/case/allison-v…
And Slatosch was supposedly at a con five hours away? (10 hours round trip)
Yes, but also different sets of sanctions: TCPA sanctions by default are against the Plaintiff. These notarial sanctions like the ones here will be against the lawyer 🙃
I'm compiling a list of questions for @greg_doucette to respond to, I'll post his answer later today!
-MtSG
-MtSG
If y'all have law questions you wanted answered, please reply to this particular tweet with them!
I'm going through the mentions for the ones from yesterday but there a lot 😱
Gonna send @greg_doucette an email around noon
-MtSG
I'm going through the mentions for the ones from yesterday but there a lot 😱
Gonna send @greg_doucette an email around noon
-MtSG
Got an email, but it wasn't the email we were waiting for
Just had a trio of pics attached...
-MtSG
Just had a trio of pics attached...
-MtSG
The complaints are very strange. I didn't lock down the account, just forced them to either log out of their alts or create new ones to see what's here 🙄
Our ability to waste their time scales up very well apparently!
-MtSG
Our ability to waste their time scales up very well apparently!
-MtSG
Anyone else hear that sound?
Sounded faintly like... crying
-MtSG
Sounded faintly like... crying
-MtSG
I suggested using "Reeeekieta" but T. Greg said Screech was a better fit 😒
-MtSG
-MtSG
There's a thread by @tznkai here:
It capably explains the origins of all this, which center on a sexual predator getting bankrolled by a trust fund baby lawyer to hire an estate lawyer friend to sue his victims into silence
-MtSG
It capably explains the origins of all this, which center on a sexual predator getting bankrolled by a trust fund baby lawyer to hire an estate lawyer friend to sue his victims into silence
-MtSG
First too 😉
-MtSG
-MtSG
Incoming email, stand by
-MtSG
-MtSG
Haven't had a chance to get to y'all's questions yet, will work on it later tonight (I got a response to a months-late public records request on Friday so I'm spending the weekend revising the lawsuit the request was for)
This particular sub-thread is a request for help though
Because I can't tell if I'm being unduly conspiratorial, or if this is Percy trying to be slick? 🤔
There's a chance @BethElderkin or @ANN_Lynzee know but idk if they see these tweets
Because I can't tell if I'm being unduly conspiratorial, or if this is Percy trying to be slick? 🤔
There's a chance @BethElderkin or @ANN_Lynzee know but idk if they see these tweets
I mentioned last night that the Chuck Huber affidavit is almost bizarrely obsessed with Chris Sabat, @VoiceOfVegeta
Screech and the conVics have been crowing about how the affidavit says Sabat ran a "casting couch," trading roles for sex
But look at the actual paragraphs...
Screech and the conVics have been crowing about how the affidavit says Sabat ran a "casting couch," trading roles for sex
But look at the actual paragraphs...
So two things:
1️⃣ Sabat's name is almost reflexively mentioned throughout the affidavit (even in a parenthetical!) – but not mentioned in either of those two paragraphs. Why?
1️⃣ Sabat's name is almost reflexively mentioned throughout the affidavit (even in a parenthetical!) – but not mentioned in either of those two paragraphs. Why?
2️⃣ I could've sworn I saw somewhere back in June – I *think* in the comments of @BethElderkin's io9 article – that Vic Mignogna had threatened to blacklist women if they wouldn't have sex with him
Do any of y'all remember that?
Do any of y'all remember that?
Because Huber's use of "Funimation employees" – as opposed to specifically identifying Chris Sabat / @VoiceOfVegeta – would seem to be a way to describe Vic's conduct, still be "truthful," but let the broader public make an assumption that's not in the text of the document
It just seems weird to me that the affidavit is "Sabat! Sabat! SABAAAAT!"...
...and then you get to the casting couch and it's "Funimation employees"
...and then you get to the casting couch and it's "Funimation employees"
That's all I've got for now, I'll send Mike a thing with the questions later 👊
Unfortunately I don't know what he's implying, we're doing this via email 😂 I'll ask him for clarification
-MtSG
-MtSG
Already made him aware this morning 👊
-MtSG
-MtSG
Doesn't look like we're getting questions tonight, because I don't have the mental energy to stay up until 4am again 😂 I'll let you know if there's anything in my inbox in the morning.
This lockout is all very stupid btw. #FreeTGreg
-MtSG
This lockout is all very stupid btw. #FreeTGreg
-MtSG
