, 19 tweets, 5 min read Read on Twitter
It's 1:15 am. This is going to be a damn fast livetweet, made possible because this is a damn short hearing.
Right - as we've seen with every other hearing, Judge Chupp doesn't like to spend time on small talk. He comes right to the point, leading off by handing out the threats which he's received.
Notice that his concern isn't that he's been threatened, and it's not to yell at anyone because of it; it's to make sure that the lawyers and parties are aware, if they're not already, that this is going on.
He moves to his next point, which is something I alluded to in my earlier thread:
He's also concerned about all y'all - and in particular about the effect of this suit on this community.
One standout line:
"I mean - this isn't a TV show. This is real life stuff. This isn't an anime cartoon or something like that, and I don't know if people can distinguish between the two."

I don't think he's wrong.
Second standout line:
"I think y'all may owe a duty to this community, since y'all's clients are a part of it, to try and get this case worked out."
I think he's taking that seriously.

Credit where due moment:
The quote below is Ty's only line from the hearing. So he didn't embarrass himself this time, or do anything wrong - he said exactly what he should have, and nothing else.
Two things are clear from this next bit:
(1) He's serious about wanting to give this a shot, and he's taken the time to try and pick the right mediator.
(2) He is also prepared to rule on the motions.
Only at this point does he take the time to sort out which defendants are represented by which lawyers - but while I might think this was unusual from another judge, it's basically in line with what we've seen from the other transcripts.
There's about a page of logistics, and then the judge reiterates his concern for the lawyers and clients.
Sam Johnson speaks up at this point to get clarity on his client's status. You'll note that - contrary to Nick's livestreamed delusions from last night - there's exactly zero indication that Judge Chupp is having second thoughts about the dismissal.
There's a bit of talk regarding Sam's vacation and the logistics of the mediation, and then it's again made clear that Marchi remains in a better place as far as negotiating position than the others.

So Nick is wrong; she's still out of the case.
Judge Chupp mentions again, in this context, that there's always the possibility that he could get overturned - avoiding that faint possibility is literally the only thing Marchi would get out of a mediated settlement.
He then goes on to reiterate his primary reason for wanting the mediation - appeals can take years, and finishing the dispute sooner might provide the opportunity to start healing.
And, with one more mention of his concern for the safety of everyone else, hearing is done.
(1) Based on everything I've seen in all four transcripts, I think Judge Chupp generally says what he means.
(2) Everything he said, as far as I can tell, is equally true no matter which way he's planning on ruling. (But I think he has made up his mind.)
(3) I think he's sincere in wanting to provide a chance for a solution that will help end the community strife. Whether that's even still possible is another matter.
And now it's 2, so night, all.
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