, 82 tweets, 50 min read Read on Twitter
For those of you who are wondering what this is - I'll attach the rule in question to the next tweet. Basically, Ty didn't bother to read about what can/can't be part of a pleading. Fairly big screw-up; easy to avoid. He walked into it.
Here's the rule, with the relevant bits highlighted.

Think about all those declarations and I think you'll see the issue.
Impossible to overstate how bad this is for Ty. Very, very, very bad.

Might still get the affi-opps-declarations in, but losing that petition hurts for sure.

Looks like Hsu is arguing, so @Tylerjswolff and anyone else who had "hospital pass" collect your winnings.

@Tylerjswolff No surprise here - but this does confirm that the whole thing will not be resolved today. (I think.)

@Tylerjswolff But -

If the 2nd Amended Petition isn't being considered, and if the affidavits are withdrawn, what evidence is left in the record for these motions?

@Tylerjswolff And again I say #QTNA

Also, good call having Sam go first - he's got by far the easiest lift of the 3, is the most affected by the sham affidavit (which might not be in play anyway).

@Tylerjswolff (Note - if you haven't guessed, no way am I reacting to all tweets; follow Otto.)

Good answer from Sam here. Also very accurate.

@Tylerjswolff Lack of questions from the bench can be unbearable, and either a good or bad sign. But if there are no questions, it's probably good here - just not a lot to ask about.
@Tylerjswolff Also - having Sam cover the easier topics makes a lot of sense. Builds his already slam-dunk case, saves time for the others who might need it more.

@Tylerjswolff Sam Johnson, you magnificant bastard.

I need to buy you a drink sometime, man.

@Tylerjswolff Correct. There's no TI case even pled against Marchi as far as I can tell. Literally never was able to tell for sure if she had been accused of it, the petitions are so sloppy.

@Tylerjswolff It's a freaking TCPA hearing - the Judge should NOT - not not not not not not - have to ask what statement you're suing over. At all.
@Tylerjswolff Not a great impression if the whole room can't hear you. Doesn't help the court recorder either.

@Tylerjswolff This was genuinely not something I thought the judge would be this pissed off about.

@Tylerjswolff But judge saying "not fair" - that's not happy judge language.
@Tylerjswolff This isn't really a surprise, particularly if the 2nd Amended Petition is going away. Excluding completely would probably create issues on appeal.

@Tylerjswolff We're really going to need the transcript. But we knew he doesn't know how to use a mic from his appearance at that con panel.

@Tylerjswolff That said, it's an incomprehensible argument by the sound of it, whether with or without sound.
@Tylerjswolff As an aside, I know a couple of judges who firmly believe that providing competent and well-prepared representation is a sacred trust for an attorney. And they get cranky with all who don't live up to that.

@Tylerjswolff If he said "can't even show me" and it isn't a paraphrase, that's a distinctly not happy judge.

At all.
@Tylerjswolff You really don't want to go to excuses with that kind of judge, because there are none.

@Tylerjswolff If nothing's different, there's no surprise, just an attempt to evade the R11 deadline and the notary issue.

If something's different, there's surprise.
@Tylerjswolff Very painful. This is slaughter - totally unprepared Ty remains totally unprepared.

@Tylerjswolff When I was a 1L I saw an oral argument go hideously wrong. But not "you don't know your own record" wrong.
@Tylerjswolff "Lots of people hate my client" does not constitute evidence of a conspiracy.

The request shouldn't be granted. But might be.
Other people starting to give reactions, so sounds like it was.

List to follow is here:
Definitely going to need the transcript for details. But unprepared lawyers do make most judges a bit cranky.

Of course no way to really prep because no case, but that's Ty's problem not Judge Chupp's.

Also: when judges ask questions, direct answers are very expected.

I'm nearly feeling bad for Ty at this point. He's burning time - lots of time - on his worst claim and defendant and doing it badly.

Not something I expected right in the middle of argument.

@marchimark Might be overplaying.

But that hellfiling was a hellfiling.

@marchimark Ty's actually in a decent position to argue lateness, but apparently not doing it well. Of course, not filing the amended objection to this argument last night would have helped him there.

@marchimark This is a good argument for almost, but not quite, all of the claims against Rial; definitely good argument for all claims against Toye.

@marchimark Shocking nobody except for like 9000 #istandwithvic people who have been telling me there's no way to predict this or no way he's a LPFF.

@marchimark Kinda surprised there weren't more questions on TI.

@marchimark Lawyers in Honolulu are very laid back. The stuff that Clooney wore in The Descendents - Reyn Spooner shirts, slacks - is normal office wear.

Sneakers in court is still a no-no.

@marchimark Seriously, @NickRekieta - your pass to mock my bad sweaters is hereby revoked. That looks like the kind of suit that PDs scrape up for their clients' court dates.
@marchimark @NickRekieta Ty, no. That's your worst defamation case against Rial. Not your best one. You're down, you can't lead with weak.

@marchimark @NickRekieta A reminder: the case against Rial is the single strongest case that Ty has to argue. It does not sound like he's making his best arguments.
@marchimark @NickRekieta Also - if KamehaCon renegotiated a new contract with Vic, it should have been presented.

@marchimark @NickRekieta How do YOU, @TyBeard10, NOT know the answer to which cons YOUR OWN CLIENT had contracts with?? This is spectacularly negligent.
@marchimark @NickRekieta @TyBeard10 Cannot understate - at all - how bad it is for an attorney to not know whether or not HIS OWN CLIENT had the contracts he's suing over. Cannot even comprehend how it is possible.
@marchimark @NickRekieta @TyBeard10 We know what excuses are like. And something is gonna come out of Ty's any second now.

@marchimark @NickRekieta @TyBeard10 This, by the way, was the massively obvious and gigantic pitfall of the whole "we'll sue round 2 later" plan.
@marchimark @NickRekieta @TyBeard10 Frankly, don't think this is the strongest argument for Volney. He's in much better shape on malice.

@marchimark @NickRekieta @TyBeard10 "The statements are true" being an admission that you always want to make during arguments about whether your defamation case should be dismissed.

@marchimark @NickRekieta @TyBeard10 Also, when the guy you hired a couple of days ago is doing better than you, what did you spend the GFM on?

@marchimark @NickRekieta @TyBeard10 That gif with the dude with the paper and marker and strings getting a workout in Judge Chupp's head right now.

@marchimark @NickRekieta @TyBeard10 You're damaged because defamation per se because an investigation everyone including you agrees happened? wut?

@marchimark @NickRekieta @TyBeard10 Meanwhile, Sam Johnson sits cheerfully accruing additional 6-minute increments that @vicmignogna is going to be paying him for.
@marchimark @NickRekieta @TyBeard10 @vicmignogna Circumstantial evidence of earlier communications isn't going to be clear and specific evidence of conspiracy.

@marchimark @NickRekieta @TyBeard10 @vicmignogna Whoops - Judge knows the record better than Ty. Including when misrepresented stuff was filed.

@marchimark @NickRekieta @TyBeard10 @vicmignogna Also:

Dear Kiwi Farms:
Yes. Nick lied. He's a lying liar who lied. We've been trying to tell you for months that the absolute best case for Vic was a very small percentage of the case surviving this motion. You believed Nick instead.
@marchimark @NickRekieta @TyBeard10 @vicmignogna And Vic will pay, depending on Sam's hourly, somewhere between probably $35 and $50 to Sam - just since that last Tweet.

@marchimark @NickRekieta @TyBeard10 @vicmignogna And again.

Sam's at counsel table with a little internal cash register.

@marchimark @NickRekieta @TyBeard10 @vicmignogna Also:

Dear Farmers:
Be fair to Ty. Nick wasn't just lying to you when he said Ty was a great lawyer for this case. He was mostly lying when he said there was a case at all.
@marchimark @NickRekieta @TyBeard10 @vicmignogna I'm kind of surprised, tbh, that he reserved defamation against Funi. Not as surprised regarding the others.

@marchimark @NickRekieta @TyBeard10 @vicmignogna I'm going to sit back now and let those who were there fill us in on the details - again, follow this list:

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