Thread by @WhippleMarc

Good evening Mr. And Mrs. (Or Ms. Or Mr, or Ms. and Ms.) America and all the ships at sea!

FLASH! Let's go to press. Tonight, outsider review of an insider's thoughts on an inside-out lawsuit, the subject of the #threadnaught. We're going live in moments, please stand by.

Nicky looks *very* excited. Also sounds excite. Gleeful, even.

1) All you smarties on Twitter who thought you knew? YOU KNEW NOTHING, JON SNOWS. Something weird happened and that means ALL BETS ARE OFF.

2) Also, he's sure you are all practically foaming at the mouth with concern over these UNPRECEDENTED EVENTS.

3) The order hasn't been filed yet so it could even be BETTER, Nick slyly implies. The Dallas Morning News and @SharonFGrigsby, who SUSPICIOUSLY reported on this SECONDS after what happened when the order hasn't been filed, they are leaking, and in more than one way IYKWIM.

@SharonFGrigsby 4) Nick's sources, of course, knew it was coming, but he didn't want to talk about it, but now thanks to Sharon (random bizarre insult) Grigsby, HE CAN.

@SharonFGrigsby 5) Somebody - Nick isn't saying who, could have been Vic for all he knows - IMMEDIATELY LEAKED THE ORDER, no doubt due to the judge's master plan.

@SharonFGrigsby 6) But it is INTERESTING.

@SharonFGrigsby 7) Why is NO ONE, including Jamie (random physical insult) @marchimark, talking about this? HOW MYSTERIOUS. (Aside: it's been all over Twitter all day I have no idea what he's on about.)

@SharonFGrigsby @marchimark 8) Nick, with his inimitable sarcastic style, is faking being completely convinced that the kulaks and wreckers are telling the truth about how this is all COMPLETELY NORMAL.

@SharonFGrigsby @marchimark 9) Random @TXantislapplaw imitation which I will no longer dignify by repeating from now on.

@SharonFGrigsby @marchimark @TXantislapplaw 10) Nick's research - which was extensive but hey, not that extensive, could go either way - found NO CASES where a judge did something. The term is UNPRECEDENTED, losers.

@SharonFGrigsby @marchimark @TXantislapplaw 11) Okay, Nick leads with his mistake, as the wise do: he thought the judge couldn't take back his dismissal of Marchi sua sponte, but EXTENSIVE RESEARCH consisting of Twitter posts, reveals that he was wrong, and it can do that within thirty days after the ruling.

@SharonFGrigsby @marchimark @TXantislapplaw 12) Mostly if appeal is inevitable, which OF COURSE IT IS, or if it was a mistake, WHICH OF COURSE IT WAS, or if it's prejudicial, which you see where this is going.

Is the court reinstating claims against Marchi? NOT AT PRESENT.

BUT HE COULD.

13) Will it get to that? Don't know. Might not need to. A Motion to Reconsider is QUITE POSSIBLY IMMINENT. And even if mediation is imminent, a strong MtR could be LEVERAGE at mediation. Like, GIVE ME WHERE TO STAND AND I WILL MOVE THE WORLD leverage.

14) And if the judge admits to himself that he was just being petulant when he assumed there was no evidence just because Ty couldn't find any, that could CHANGE EVERYTHING.

15) Aside: As usual I am not reading replies, sorry. Multiple screens and trying to keep up.

16) We're going to cover EVERYTHING, sports fans, EVERYTHING, but first some superchats, maybe some justicechats, possibly some grifterchats oh wait I made that last one up.

17) Viewer: Will discovery stay end before mediation? Nick: No. TCPA has to be over and case survive it to reinstate discovery. (Aside: Nick scores a totally unexpected bull's eye. Credit where due.)

18) Some nonsense about Kavanaugh kerfuffle. (Aside: Not interested on commenting on that.)

19) Viewer: What are odds Deft's will argue in good faith at mediation? Nick: Good faith for them would be not to participate.

20) More mocking of the disabled and misogynistic nonsense. Stand by again.

21) Toasting a viewer's pending birthday with "Alabama Bourbon," which I'm not sure if that is him tipping the con or sincere but let's be charitable, skaal!

22) Viewer: Is alternate dispute resolution unusual? Nick: No, happens all the time in general. (Aside: Another one in the ring.)

23) Viewer: Who picks mediator? Nick: The judge. (Aside: another one on target, keep it up Nick!)

24) Lawtwitter's speculation that the judge is just being nice and giving Vic one more chance to avoid even more massive fees makes no sense to Nick, Master of PsyOps.

25) Nick's just reporting on the wized, venerable members of LawTwitter who of course never exaggerate their experience and knowledge.

26) Viewer: You make me think Vic might actually be innocent. Nick: Good, because I believe with every ATOM OF MY BEING that he is innocent, and I've been SCREAMING INTO THE VOID of the internet to try to get him some justice.

27) Nick is careful, as the wise are, to say that he doesn't know what the judge is thinking, and this is all speculation. Wise, well-informed speculation, but speculation NONE THE LESS.

28) Really, what Nick wants is to start a conversation. We're learning from each other, while we do our thing!

28) Somebody just gave Nick $50 to make a pledge to another kickstarter, the Phoenix Woodworking kickstarter. He'll look at it later.

29) Death threats against the judge? Probably just an INEVITABLE CONSEQUENCE of the extra scrutiny, which the judge is of course just not used to. It happens.

30) Somebody just asked Nick a question about the End of Times and of course, Nick has a book written by a hippie pacifist about Armageddon to recommend.

31) Viewer: A lawyer friend told me I should be a lawyer, would that up my grift rate? Nick: Lawyers are master grifters. (Aside: It's a fair cop.)

32) And now... THE ORDER! *dun dun dun*

33) Aside: this is the first time I have seen the order. It says "all parties with settlement authority" must attend, so I was being too conservative when I said I didn't know for sure Vic would have to be there. He almost certainly does as do the rest of the defendants.

34) Now, back to the TOTALLY UNBIASED AND NEUTRAL, NICK WOULD NEVER SAY OTHERWISE, Dallas Morning News article about the hearing.

35) Nick gives us a LOOK when he reads headline about Anime's #metoo Moment. It was quite a look. I can't describe it. I won't. You can't make me.

36) Article says judge will rule if mediation doesn't work by 10/3. Nick points out (aside: correctly AFAIK) that the TCPA deadline can only be extended for good cause and mediation delay is not good cause.

37) So the implication by the (random physical insult) Sharon Grigsby that this is some kind of "OR ELSE" from the judge is just silly. (Aside: true, but irrelevant, because we're ALREADY at the "OR ELSE" stage.)

38) Viewer: Maybe the judge is trying to set the stage to quietly undo some of his IDIOCY. Nick: COULD BE.

39) Nick claims, subtly, that if the judge does not rule timely that means Vic wins. (Aside: I have no idea if that's true but that's not usually how these things work.)

40) Nick says that the threats quoted in the article are probably not prosecutable. (Aside: Eh. Weak case.) He then cites Brandenberg. Moving on.

41) Nick, by the way, is not saying this is right. He opposes using violence to deal with political speech. He always has. Yep yep yep. Don't do that.

42) Nick HIGHLY DOUBTS that what Grigsby, that polecat, that SNAKE, says about the judge telling the lawyers to stop inciting their followers was actually said.

43) (Random physical insult against Grigsby.) Nick seems to recall that the Baylor case, which she got a Pulitzer for, she was TOTALLY WRONG ABOUT. So take that for what it's worth.

44) (random joke about mosquito ad and horrible disease)

45) NOW, back to the Order.

With a PENDING DISPOSITIVE ORDER, the timing, it's weird, that's all Nick's saying, the judge should just rule, it's so weird. Weirdness abounds.

46) In Nick's vast experience, the judge would usually just rule on the remaining counts one way or the other.

By the way, @Rialisms and Toye have said OVER AND OVER that they will not settle, the judge may just fear their pigheadedness will lead to an appeal.

@Rialisms 47) Looking at @marchimark's Twitter... which MYSTERIOUSLLY TAPERED OFF three hours ago. Where has her CHEEKINESS gone? Where is her CONFIDENCE? GONE, THAT'S WHERE.

@SharonFGrigsby @marchimark @TXantislapplaw *something like order mediation with a dispositive TCPA motion pending