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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.
Here's what we can expect going forward.
The short version:
The hearing on fees and sanctions;
The order on fees and sanctions;
The appellant's brief;
The appellee's brief;
months and months of waiting.
The slightly longer version:
The hearing & order on fees and sanctions - and, of course, the part where we make Tina the Court Reporter happy by paying for yet another transcript, this one from a 2-hour hearing - will result in a considerable amount of ISWV saltiness and yelling.
After that, if we assume that Martinez Hsu does the bulk of the work, we should be able to expect a reasonably normal appellate process - meaning that while I don't think they're a top-flight firm, Martinez does litigation and can probably navigate the basic procedural steps.
It also seems, from what we've seen that Martinez Hsu are more inclined to spend their time litigating their case than slumping in a chair, wearing an unwise T-shirt, and whining about what they'd do to any of their associates who spent time on Twitter.
So I think we can expect normal appellate briefs from them - both for their initial and reply briefs.

Their brief will be long, and there will be great rejoicing and inevitable gloating by the NMC when it's filed, but it will be aimed at the court, not at the superchatters.
And I suspect the tone of the various reply briefs, including the one filed on behalf of Rial/Toye (which may not be written by Lemoine) will be different from the tone of the filings at the trial court (appellate courts being a different audience).
So it's likely that there will be much less written drama in those filings.

And once the filings are all in - which should be by early next year - the waiting begins. Even with an expedited appeal, it will be months before anything else occurs.
So we really are at a point where everything changes. There won't be multiple filings a week, or even a month. There won't be additional hearings or technical maneuvering. A few briefs and a long wait.
That's where we're going - the season finale (the fees and sanctions) will probably be fairly exciting. Season 2 will not be.

Now, let's look at where things began. Since I'm lawtwitter to the bitter end, I'll start with excrement.
As we know, the Threadnought kicked off when someone, who will remain @sadogre, (and will now remain tagged into this thread, which I think is fair) made sure that @greg_doucette this now-legendary bit of legal craftsmanship:
@sadogre @greg_doucette *saw this now-legendary bit of legal craftsmanship.

And when I say "now-legendary," I mean globally. The "my client is not literal feces" letter is in many ways a unicorn. It's unique. It's so stupid that it literally transcends divides between legal systems.
@sadogre @greg_doucette Let's talk about why this is important. On one level, of course, it was important because it was the trigger for lawtwitter's interest in the case. But while that might have helped people supporting the defense a small amount, that was irrelevant to the outcome.
@sadogre @greg_doucette But on a legal level, it's important because it demonstrates 2 key things about the case.

1⃣On the whole, the cease and desist letters demonstrate stunning incompetence;
2⃣So much so that they make it clear that the plaintiff doesn't really care about winning, just PR.
@sadogre @greg_doucette It was a little while, I think, before Lawtwitter saw the rest of the takedown letters - we saw the complaint before that point - but there are plenty of other parts of the cease and desist letters that are nearly as bad as the PoS comment.

For example:
@sadogre @greg_doucette No lawyer engaged in an actual effort to win a case would write something like this:
@sadogre @greg_doucette And it's entirely clear that someone who writes a retraction demand like this is playing for an audience that does not include any court - or, for that matter, legal professional - in the United States:
@sadogre @greg_doucette So it's clear from the start that the plaintiff's legal team was mostly playing for the rage crowd. The cease and desist letters were not written with any knowledge of the relevant law, and that's in part because Ty Beard and Nick Rekieta saw no need to bother with research.
@sadogre @greg_doucette Whether that's because they assumed - stupidly - that they'd be able to use the suit to get a nuisance settlement out of Funi, or were confident that they'd be able to use the cost of litigation to grind the women who dared speak out against Vic into dust, is an open question.
@sadogre @greg_doucette And, frankly, it's not one where the answer (which is probably "both") really matters.

The key points here are that:
1⃣It's unlikely that they expected to really have to litigate the case, so they did no research; and
2⃣They spectacularly miscalculated.
@sadogre @greg_doucette Let's take a second and talk about the miscalculation. A company might settle a nuisance suit - if settling the suit will make it go away quietly. And the higher you make the stakes for your opponent, the harder you make it for them to settle.
@sadogre @greg_doucette So, to whatever extent Nick Rekieta might have thought that the lawsuit was a brilliant idea because everyone would settle early and Vic would win, that idea was spectacularly undercut by the actions of Nick Rekieta.
@sadogre @greg_doucette I'm going to say that again so that it's clear:
Nick started the GoFundMe and found the lawyer; he's the reason that the case exists. And his rage and whiskey addiction is the reason that the case was never, ever, ever going to settle.
@sadogre @greg_doucette There was no way - anyone who settled would be open to massive public exposure and ridicule from Nick. Nobody - not Jamie, not Monica, not Ron, not even Funimation - could afford to settle the case. Fight to the bitter end was the only option.
@sadogre @greg_doucette But this was apparently not something that Ty Beard, the Sun Tsu of lawyers, included in his strategic calculations. Because the petition he filed initiating the suit was every bit as bad as the cease and desist letters.
@sadogre @greg_doucette The petition was - allegedly - "notice pled." I thought at the time, and still do, that it fell short of the requirements even for notice pleading - but even if it met that standard there were still problems. Because, as lawyers were pointing out in the threadnought on day 1...
@sadogre @greg_doucette ...there is Texas caselaw that explicitly says that "mere notice pleading" isn't enough to get past the TCPA. (In re Lipsky, 460 S.W.3d 579).

(Nick, by the way, saw those posts but insisted that affidavits would be enough to bridge that gap.)
@sadogre @greg_doucette So what we're looking at is clearly a case that, in April, had been initiated by a lawyer (aided by a YouTube rage specialist) who had clearly still not bothered with the most basic research into the causes of action.
@sadogre @greg_doucette That, by the way, may be part of the reason that (assuming reports are correct) Judge Chupp suggested that Lemoine might be able to show that sanctions are warranted without the need for more evidence beyond the papers submitted by the plaintiff.
@sadogre @greg_doucette So we started on our path to our present circumstances because this lawsuit was not filed as a serious effort at litigation. It was filed as a misguided (and self-defeating) effort to get a settlement and/or as a vehicle to get revenge on the defendants through litigation pain.
@sadogre @greg_doucette As incompetent as Ty is, I'm convinced that more legal research would have been conducted if Ty had any expectation at all that the case would be litigated. And so much of the material filed early on is of the "not even wrong" variety that it is clear that no research was done.
@sadogre @greg_doucette But here's where it gets strange:
In early June, it was still possible for them to fix the complaint. And dozens and dozens of lawyers from around the globe were telling them that they were going to lose unless they fixed the complaint.

But they didn't.
@sadogre @greg_doucette Instead, they doubled down on the whiskey and tripled down on the rage. Instead of amending the complaint to include things like contracts, they encouraged a band of comedically stupid bottom-feeders to make their critics miserable.
@sadogre @greg_doucette And they continued to do what they had been doing - which still did not involve research.

But they did win a major victory in the case during this period, reaching their apex when Ty shattered all lawtwitter expectations, gaing four more weeks in which to not research.
@sadogre @greg_doucette But wait! I almost forgot! It wasn't all no research during this period. It was also no deposition prep.
@sadogre @greg_doucette This part is also baffling. By the time the depositions took place, it should have been clear to Ty that the case was going to at least proceed through the TCPA hearing without there being a settlement.

Yet Ty did not alter his approach to the case.
@sadogre @greg_doucette The end result, as we know, was a deposition in which Vic took a blowtorch to the case and then set his own shoes on fire while trying to stomp out the blaze. That was followed by a deposition which Ty ended early because Ty doesn't understand authentication.
@sadogre @greg_doucette Something he made sure the judge was aware of when he insisted on an emergency hearing.

And let's not forget the bit where Ty tried to use Ty's own phone as an exhibit.
@sadogre @greg_doucette So - the status of the case going into the TCPA motions was not spectacularly good. Ty, having done no research, had filed a complaint which would not on its own be nearly enough to get through the TCPA motions.
@sadogre @greg_doucette Vic, meanwhile, had sat for a deposition that destroyed the entire case against Marchi, destroyed virtually the entire TI case, and went a long way toward proving that Vic is defamation-proof.
@sadogre @greg_doucette The defendants, meanwhile, had emerged from their depositions (YouTube screeching and KF inanity notwithstanding) relatively unscathed.
@sadogre @greg_doucette The defendants then filed three motions to dismiss under the TCPA which ran the entire gamut from "brutal" to "exceptionally brutal," making it clear that the defense was all-in on these motions.

Ty sought - wisely - additional time to answer.
@sadogre @greg_doucette What that time was used for is unclear. It certainly was not used to prepare the response. Nor was the time used to secure properly notarized affidavits.

Based on the filings we saw, I seriously doubt that any real work was attempted on the response until the week it was due.
@sadogre @greg_doucette The submission of the hellfiling was followed by the notarization fraud being discovered. That, in turn, was followed by the attempt at a last-second amendment of the petition, which was rejected as a violation of the parties' agreement on filings.
@sadogre @greg_doucette And, of course, all of that was rounded out by a hearing at which Ty performed at about the level you'd expect from a student somewhere on the left half of the curve in a 1L advocacy class.
@sadogre @greg_doucette So, to sum up, here's how we got to where we are today:
1⃣An attempt was made to build a lawsuit out of a lack of actionable conduct, to secure a quick settlement and/or destroy the defense with litigation costs.
@sadogre @greg_doucette That bad starting point is our baseline.
2⃣Because the intent wasn't to seriously litigate, no pre-suit research was conducted, making things worse than the baseline.
3⃣Nick Rekietia's whiskey and rage livestreams made settlement impossible, making things worse than the baseline.
@sadogre @greg_doucette 4⃣Ty's cease and desist letters became global examples of awful legal work product, making things worse than the baseline.
5⃣Ty's petition failed to meet notice pleading minimums (which include details about contracts), making things worse than the baseline.
@sadogre @greg_doucette 6⃣Ty's petition failed to meet the standard for TCPA cases articulated by In re: Lipsky, making things worse than the baseline.
7⃣Ty failed to prep for his client's deposition, resulting in a train wreck that made things unimaginably worse than the baseline.
@sadogre @greg_doucette 8⃣Ty failed to prep for Ron's deposition, resulting in a lost opportunity. This was a missed opportunity for improvement.
9⃣Ty failed to amend the pleadings in a meaningful way prior to the filing of the TCPA motions. This was a missed opportunity for improvement.
@sadogre @greg_doucette 🔟Ty failed to conduct meaningful legal research during most of the period between the filing of the TCPA motions and the filing of the reply, as evidenced by legal blunders made by Ty while commenting on Nick's streams, making things worse than the baseline.
@sadogre @greg_doucette 11: Ty failed to use most of the period for his response to work on the response, making things worse than the baseline.
12: Ty put together a TCPA opposition at the last minute that failed to point the court to the evidence, making things worse than the baseline.
@sadogre @greg_doucette 13: Ty failed to secure (allegedly) crucial affidavits in a timely manner, resulting in the "phone notarization" blunder, making things worse than the baseline.
14: Ty responded to getting caught by withdrawing the affidavits, making things worse than the baseline.
@sadogre @greg_doucette 15: Instead of quickly and professionally correcting things, Ty waited until the end of the weekend to spring a surprise Second Amended Petition, making things worse than the baseline.
@sadogre @greg_doucette 16: Ty was unable to shut up and let Hsu handle the TCPA hearing, making things worse than the baseline.
17: Ty was unprepared for the hearing and did not know his own case, making things worse than the baseline.
@sadogre @greg_doucette So, to summarize the summary:
We are where we are because Nick stirred up a case that had no foundation, and gave it to a lawyer who made it worse at every possible step.

And ISWV still doesn't understand why they're not winning.
@sadogre @greg_doucette You know, I knew Ty was a buffoon, but lining the screwups up together like that was still kind of a shock.

Anyway, I hope the summary helps clarify the insane chain of events that got us where we are.

Night, all.

Side not: to clarify:
JSL is a specialist in Texas anti-SLAPP litigation, but his firm also has lawyers who specialize in civil appeals. It wouldn't at all surprise me if one of them takes lead for the appeal.
*side note

Dammit. Definitely time for some sleep.
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