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Good morning, Sailors and Pirates of the #threadnought and #fednought. It’s time to head over to Fort Worth to see if anything of note happens in the 141st.

Ready to take some notes. No point in asking for Ty’s autograph, since it would be more authentic to forge it anyway.
I do not plan to live tweet the proceedings, but I will be taking notes for a post-hearing recap.

I’ll tag hearing-related items with #antiSLAPPsgiving141
I am now in line behind the only person in Central Market history - perhaps the history of Texas - who is incapable of making a payment with either cash or credit/credit card.

Shades of Ty Beard’s litigation competence.
Crucial update for no one: Starbucks was much more efficient than Central Market (no fault of CM), and our supplies replenished - breakfast tacos, pastries, coffee, and Topo Chico at the ready - we embark. A roiling sea of rush hour taillights awaits.

Coffee up, gas pedal down.
We’ve arrived at the courthouse. Attendance appears light. The parties and counsel are already inside. No armies of nerds armed with Nerf weapons as of yet. One hopes the hearing remains quiet.
#threadnought #fednought #antiSLAPPsgiving141
There are a couple of reporters here and a few shrewd and model-esque attorneys.

Little fanfare.

We’ll see how it progresses. Given the content of this morning’s filing by Plaintiff, I expect eye rolls. #threadnought #fednought
We’re on a break! My thumbs can only go so fast. Thankfully I’m not alone. I’m tweeting.

So far Lemoine has taken the stand testifying to the fees submitted to date.
Ty is the only attorney in a suit that doesn’t fit and needs a press. He stands out. To his credit, he’s said absolutely nothing so far in the courtroom. #antislappsgiving141
Chupp begins with responses to P’s RFC, dismisses the out of hand. Says if more time is needed they’ll talk about it at the end. Counsel for Rial/Toye offers evidence binders. P objects to specific exhibits. D notes these were submitted previously as attachments. Allowed.
Vic appears to be dressed for a Bon Jovi concert. WHO THE %#<}*£> has frosted tips in the year of our lord 2019???????
#antiSLAPPsgiving141 #threadnought
Walking to lunch. Trying not to tweet myself into traffic.
Sandwich and beer ordered.
Martinez is doing all the talking for P. He objects to affidavits as insufficient foundation laid- BizRec/RegCourse not attested. Chupp points out attestation is included, Martinez withdraws obj. Not a strong start. #threadnought #antiSLAPPsgiving141
Records in, Lemoine to the stand for fees/costs. Hellburg questioning direct. Lemoine recounts his CV wrt TCPA expertise. Multiple trials, 60+ written testimonials, legislative work. He researched TCPA rates in area with variety of firms. #threadnought #antiSLAPPsgiving141
Lemoine discusses Necessary & Reasonable (“N&R”) tests, incl. 9-factor test as updated from the Arthur Anderson standard. Factors for higher hourly incl. years of practice, Board Cert, specific exp in litigation area (note: no shit). #threadnought #antiSLAPPsgiving141
French dip! Beer! Page one of five in my notebook!
Notes, Pg. 2. Rando rolled into courtroom 20 minutes into proceedings. Sat on P side in the bench, not table. Maybe an associate? Still better-dressed than Ty or Vic That would make 5 for Vic. Anyway, Hellburg questioning JSL continues. #threadnought #antiSLAPPsgiving141
Fees claimed are less than total fees accounted for using hrs*rate. Fees for Nov (post-Motion) not included in Exhibits 2,3,6. Martinez objects to fees lack of foundation as Lemoine can’t testify to other counsel fees. Rest. to JSL firm. #threadnought #antiSLAPPsgiving141
Addt’l admitted with testimony. (Note: correct but needlessly technical to push objection here - that testimony will clearly occur, and you’re wasting time) #threadnought #antiSLAPPsgiving141
Adjourned. Chupp will try to issue decision tomorrow. I’m about to drive back to Dallas. Top-line takeaways:
1. Chupp questioned delta b/t SJ and JSL bills
2. Martinez had no real arguments against bills, and wasted the court’s time.
3. ...
#Threadnought #antiSLAPPsgiving141
3. Chupp didn’t understand relevance of Nick/GFM, but to extent it goes to atty sanctions, another hearing.
4. Vic didn’t read anything. Not his Complaint. Not his Affidavit (that he “signed”). Not any other affidavit. “I trusted my attorneys”
#Threadnought #antiSLAPPsgiving141
5. Vic left after testifying to catch flight. Ty walked him out. Vic looked distraught. Ty looked drained.
6. Chupp asked Vic if he “lost control” of the suit. Vic says social media took it over. Rekeita cold-called and hard sold Vic on GFM.
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7. JSL is an excellent advocate, but a slightly aggressive witness. Amusing for onlookers, but risky.

M: Can you read it?
JSL: Yes.
JSL: it.
M: Can you read it out loud?
JSL: Okay. 😂

JSL testimony notes later.

#Threadnought #antiSLAPPsgiving141
Got to drive now. Will update with more detail this evening.
One more thing before I shift into drive.

8. Whoever decided not to put Toye on the stand made the right decision.

Okay, have to start driving now.

#Threadnought #antiSLAPPsgiving141
Arrived home from hearing, grabbed my Sand Snakes and took them to get their soccer trophies and have dinner. Now back at home, all three kids asleep. Wife is at a lawyer meet-n-greet at some country club. I'll grab some scotch and my notes.
#threadnought #antiSLAPPsgiving141
Compared to my offerings @IgnoreGirl's notes are funnier, @ottovonbisbark's notes are alarmingly concise (that's a compliment), and both @LawoftheGame and @bentwhee have more detail. I tweet with giants, but will add what I can. #threadnought #antiSLAPPsgiving141
Returning to the morning notes (10:30-noon). It would be hard to overstate the casual yet terminal severity with which Chupp disposed of P's efforts to bring up the continuance. Chupp waved it away like a butterfly from whom he would nonchalantly rip the soul if it came back.
It took maybe three total seconds total for Martinez to raise the issue at start and Chupp to burn it to the ground forever. This should have been a hint to Mtz to be expeditious thereafter.

Mtz did not take that hint. At all.

#Threadnought #antiSLAPPsgiving141
You know the body language negotiation you do with someone you don't really know where you sort of put up your arms a little to see if they reciprocate for a hug? If they tense up, it's handshake time. (listening, guys?) Chupp tensed on delay.
#threadnought #antiSLAPPsgiving141
I mentioned this in an earlier tweet, but the substance started with JSL attempting to bring in all the billing records. After some objecting back and forth, Chupp allowed the billing to be split into sub-exhibits. Unnecessary. Irritating.
#threadnought #antiSLAPPsgiving141
Mtz then makes his objection to foundation, Chupp corrects (attestation included) and overrules. This is NOT putting Chupp in a better mood, and neither P nor D is clear of blame here, but Mtz is throwing more unnecessary early wrenches.
#threadnought #antiSLAPPsgiving141
JSL takes stand. I mentioned his CV earlier, establishing his ability to testify to reasonableness and necessity of billing. This an interesting point in the day because it touches on fresh case law in Texas.
#threadnought #antiSLAPPsgiving141
Just interesting to me? Probably. Tough cookies. Oh, and I see that "Mr. Rekieta" (stifle derisive snort) will be streaming tonight at 11pm in whichever circle of "alleged attorney" grifting hell he currently occupies.
#threadnought #antiSLAPPsgiving141
Nick is an embarrassment to the profession and a genuine horse's ass. Moving on.
Why is billing interesting? Because of Rohrmoos, you silly strumpet! Short version: There was confusion between the Arthur Anderson 8-factor test and lodestar
#threadnought #antiSLAPPsgiving141
Lodestar is (hours)*(reasonable hourly rate). AA 8-factor reasonable fees includes (1) novelty/difficulty of questions, skill required, (2) atty opportunity cost, (3) fee benchmark in location...(7) atty's experience...
#threadnought #antiSLAPPsgiving141
I listed 1/2/3/7 because those were all addressed in testimony today. Rohrmoos says you have to have legal authority to shift fees (here that authority is the TCPA) and they have to be reasonable/necessary, and you should start with lodestar.
#threadnought #antiSLAPPsgiving141
Lodestar is "shorthand" for AA. Further, attorneys fees have to be "incurred". This will come up later in a fantastically ill-advised argument by Mtz, but I'll skip for now. Point is, Rohrmoos was published in April 2019...
#threadnought #antiSLAPPsgiving141 it is fresh and there is uncertainty how it will play out in terms of clarifying versus unintended consequences. Texas is trying to improve the efficiency of these arguments to streamline litigation, and we got to see that in action today.
#threadnought #antiSLAPPsgiving141
With that background in mind, we return to our intrepid heroes in the 141st. JSL has offered lodestar billing and notes the total bill is less than lodestar and only covers through October. JSL estimates 30 hours for November.
#threadnought #antiSLAPPsgiving141
Mtz objects to Nov estimate. Chupp overrules. Mtz asks how JSL arrived at 30 hours. JSL, dryly, tells him he's got plenty of experience to make that call. (Note: JSL already testified to AA factors 3 and 7 proving himself up as witness)
#threadnought #antiSLAPPsgiving141
Mtz, who I suppose is getting all this in the record for later or because he loves providing us the pleasure of him stepping on rakes, asks if the total billing is higher or lower than normal.
My notes here read "Lemoine: TOTAL SHITSHOW"
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To recap: Mtz just lobbed JSL a slow pitch over the plate to talk about why his high fees are justified. Bottom line: Plaintiff's filings were so incomprehensible and flawed we had to figure out what the %#$*@ they said.
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So JSL obliges.
->Twible - it's a new insane thing
->"sexual predator" is it necessarily defamatory?
->Public figure?
->P's counsel's excessive objections, including this morning when an additional 7 pages of objections were submitted...
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...[deep Ace-Ventura-describing-Ray-Finkel breath]...
->P's counsel asserted a broad variety of odd defenses
->P's evidence was disorganized and out of context
->P's counsel allowed depo of Vick, which - legal term of art - is batshit crazy.
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But why? Tell me why letting Vic be deposed is a really really really really really really really bad idea?

VicDemonstratesPullingHair dot gif (inter alia)

Fact check: true

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JSL says he wanted to depo Nick.
Mtz objects to costs related to YouTube videos. Why did JSL watch?
Because someone was leaking to "allegedly an attorney" Nick (see also, Marchi MFS fn.9)
Mtz: Obj - Facts not in evidence. (overruled)
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JSL: I struck the time spent watching from my bill because even though Nick was "dead wrong" (fact check: repeatedly, even pervasively, true), I still knew I'd have to respond to Nick's nonsense when it showed up in P's submissions to court.
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My hearing notes for JSL's testimony wrt Nick have a callout "transcript will be LIT".
Mtz objects to EX 6 (new billings). Sustains and allows JSL to testify to contents. (spoiler: this will come back later)
#threadnought #antiSLAPPsgiving141
JSL is irritated with Mtz and it shows. JSL does not suffer fools. He also leads the co-counsel performing direct ("ask me about the second page"). This is a bridge too far, and Mtz's objection is sustained.
#threadnought #antiSLAPPsgiving141
This whole time, Mtz is basically begging JSL to continue strengthening his case for fees because this is all Arthur Andersen factor #1. Wamp. Wamp.

During this testimony Vic is paying attention. Ty appears to be on his phone.

#threadnought #antiSLAPPsgiving141
SORRY - I just realized my notes confused names and objections - this was direct. So scratch the laughing about cross, but maintain the laughing about objections. I write bad. Mea culpa. Can I blame the scotch?
#threadnought #antiSLAPPsgiving141
Mtz on cross (for real this time) asks for hourly range (AA factor 3). It's $350-$650. Mtz wants to know about billing for Vic depo.
Chupp tells Mtz "We could look at Exhibit 6 that you didn't want in - it'll tell you all that".
#threadnought #antiSLAPPsgiving141
Mtz asks about JSL's tweets.
JSL says his tweets aren't public because his account is protected "because of Mr. Mignogna's friends". (true)
And now Mtz sees an impatient judge and a stupid losing line of questions and makes a bad choice.
#threadnought #antiSLAPPsgiving141
Did I say a bad choice? I meant a series of bad choices. Mtz turns into a dog with a bone, except Mtz doesn't have a bone. He's got nothing. He knows it. Chupp knows it. D counsel knows it. Spectators, bailiff, security downstairs, all know.
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I have a full page on this, but I'm not going to make this thread even more boring (low bar!) with the details. It bored JSL, it bored Chupp, it get the drift. Here's my take: Mtz has nothing. Zilch.
#threadnought #antiSLAPPsgiving141
But Mtz also has a problem: he's here to rescue Ty and Vic's pile of flaming excrement. In that situation, all you can do is stamp. So Mtz does. He drills down forEVER on 0.7 hours of billing. He's trying to do two things, I think...
#threadnought #antiSLAPPsgiving141
...first, he's trying to show ANY non-N&R in the record, and he's trying to show errors. Those two would get him some reason to sow doubt. So he won't let go of this piddly 0.7 hours. He's trying to do something - anything - useful.
#threadnought #antiSLAPPsgiving141
Mtz tries to pin JSL: if JSL is a TCPA expert, why billing time to research "whether sanctions are available under TCPA"? JSL should know already!
JSL: I'm researching case law, not statute text [implied: you effing buffoon]
#threadnought #antiSLAPPsgiving141
Mtz presses on, despite all reason: TCPA says sanctions are available, why are you researching that?
JSL: "that's what the statute says; you're reading it wrong"
This was obvious to everyone in the room except Mtz (and presumably Ty)
#threadnought #antiSLAPPsgiving141
JSL wanted to depose Nick.

I would love to watch JSL/Volney/Johnson depose Nick. I'd love to watch it on IMAX with a big coke and a bucket of popcorn, but I'm pretty sure snuff films are illegal.

#threadnought #antiSLAPPsgiving141
Mtz wants to know why JSL struck some of the billing for dealing with ISWV chuds (I'm paraphrasing the last part there).

JSL: "Dealing with death threats isn't a cost I should pass on to Plaintiff".

He's right. And %48# those cowards.

#threadnought #antiSLAPPsgiving141
Mtz complains about redacted bills.
JSL: We brought unredacted copies for review in camera (*sigh* nooooooooooo shit)
Mtz has no answer for this utterly predictable response.
#threadnought #antiSLAPPsgiving141
JSL advances Nick in an agency relationship. Goes nowhere. He's right-ish, but it goes nowhere.

Mtz makes the comically bad argument that preparation isn't necessary if it turns out after the fact to go unused. (forehead slap)


#threadnought #antiSLAPPsgiving141
I passed Ty and Vic as they came out of the bathroom. They are...not large men. Those who know me are aware I am comfortable with awkward. Not just comfortable, I revel in it. I got to have a staring contest with Vic.

My face didn't change.

His couldn't.

I'm through page 5 of my 20 pages of notes? None of you are evil enough to be subjected to my one-man threadnought.

Summary of Vic's testimony: I no nothing about anything. Literally. Nothing. Nick made me do it.

More tomorrow. Maybe.

#threadnought #antiSLAPPsgiving141
My new shirt arrived. Nice work @KathrynTewson!
Chupp has stated there will be no ruling today. I am full of roast chicken, summer sausage, garlic & herb brie, and baguette. I have a few minutes between meetings. Let's see if I can add any fuel for rampant speculation.
#Threadnought #antiSLAPPsgiving141
On return from lunch yesterday, the natural progression would have been to have Volney testify followed by SJ. However, Mtz informed Chupp Vic needed to leave for a 6pm flight. Chupp asked why, since Vic lives in DFW.
#Threadnought #antiSLAPPsgiving141
I missed where Vic said he was going, but if it was a convention that might figure into Chupp's analysis WRT Vic's ability to pay (if Chupp thinks Vic failed on evidence but *was* damaged, maybe effect on ability to pay). Pure speculation by me.
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Regardless, counsel and Chupp agree Vic can testify now.

Before Vic is called to the stand, Chupp asks JSL about the GFM/trust: has JSL ever tweeted about getting fees from the GFM?
JSL: no
Chupp: okay
#Threadnought #antiSLAPPsgiving141
JSL calls Vic to the stand. P's Orig.Petition (EX8) is displayed.
JSL asks if Vic has seen it, and Vic says he hasn't read it. "I trusted my attorney".
And thus begins Vic Mignogna's don't know/don't care press tour.
#Threadnought #antiSLAPPsgiving141
Vic's responses during questioning indicate to me there are three possibilities:
1. Vic is nearly in need of a conservator because he is only barely capable of functioning on his own

#Threadnought #antiSLAPPsgiving141
2. Vic is unconscionably careless about his own affairs and likely enabled to be that way
3. Vic is a narcissistic manipulator who feigns ignorance and blames others when and as it suits him

I don't know Vic. I don't know his work. No ax here.

#Threadnought #antiSLAPPsgiving141
Okay, so Vic didn't read his own lawsuit.
JSL displays EX9, a graphic of cancelled conventions.
JSL: Did the defendants interfere with these conventions?
VM: Yes. I don't have evidence, but I believe it.
JSL: Let's do this one at a time.
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JSL: Do you believe Marchi interfered with these cons?VM: Yes.
JSL: Any evidence Marchi interfered with any of these cons?
VM: No.
JSL: Do you believe Rial interfered with any of these cons?
VM: I don't think this list includes all the cons.
#Threadnought #antiSLAPPsgiving141
Vic could know if the graphic had the full list if he'd read his own lawsuit, which one would assume he would do in order to fully defend himself against the defamation he alleges damaged him. Maybe at least skim your own story pre-testimony?
#Threadnought #antiSLAPPsgiving141
Meeting. More updates later. Please enjoy the hold music.
JSL: These are the cons in your suit, what proof do you have Rial interfered with these cons?
VM: I don't.
JSL: Do you have proof Toye interfered in these cons?
VM: No proof, but I believe they did.

#Threadnought #antiSLAPPsgiving141
JSL: Funimation?
VM: I was told by people at conventions that it was because of Funimation. I don't know the specific tweet.
JSL displays P's Orig. Petition, para. (30), Funi's 2/11/2019 tweet. Did this tweet cause the interference?
#Threadnought #antiSLAPPsgiving141
VM: It was more than one tweet.
JSL: There were other tweets?
VM can't specify any other tweet.
JSL: Did this tweet (30) cause these cons to cancel?
VM: Not before (?) but there was a lot on social media.
#Threadnought #antiSLAPPsgiving141
[from prior tweet, "Not before" meant Funi's tweet on 2/11/2019 didn't cause cancellation of cons prior to that date. was garbled in my notes]
JSL: You can't sue "social media"
VM: No I can't (laughs)
JSL: obj, non-responsive (granted)
#Threadnought #antiSLAPPsgiving141
JSL: Explain how that tweet (30) caused interference w/ conventions
Chupp steps in, clarifies JSL wants Vic to say 2/11/19 tweed didn't interfere with cons pre-2/11/19. Vic agrees.
JSL: You can't identify any evidence Funi caused cancellations.
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Mtz objects, speculation. Overruled. Chupp instructs Mtz to address issue on CX.
JSL displays EX16 - Vic's Affidavit. Has Vic seen it?
VM: I haven't seen the written version.
JSL: Is that your signature on your affidavit?
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VM: Yes
JSL: Where were you when you signed it?
Chupp: Hold on. I think where you're going with this is he wasn't in Tyler when he signed it. This hearing is on sanctions for filing, not sanctions against attorneys - that's a separate hearing.
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When Chupp says sanctions against attorneys are for a different hearing (if necessary), there are a lot of glances exchanged by everyone in the room. Is it possible to hear sweat begin to bead up on an attorney's forehead?
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Then (my notes are fuzzy here) JSL says he's trying to get the affidavit into the record and Chupp says "It's already in the jacket. Oh...[looks at P table] but you pulled it."
Ty is animated and sweating.
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JSL pulls up Orig.Petition, para. 19: This doesn't identify a single specific person.
VM: "No, but I did speak to people"
(My opinion: *not* a great answer)
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My notes are a bit confused here, but JSL asked about Azziz Ahmed (sp?), Vic indicated he knew him then later he didn't. Maybe JSL has wrong name here. @LawoftheGame's notes are clearer here:
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JSL: What about Lindzer (sp?)
VM: Lenzner at Kami-Con told me he had to cancel. That was before affidavit.
Mtz: objection (unrecorded)(sustained)
JSL: GFM was set up to sue people who talked bad about you, bloggers, etc?
VM: No.
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[Vic is more animated once the GFM comes up. Stronger disavowals. Up to this point, his demeanor has matched his answers: dun-know dun-care]
Chupp: I don't know how GFM works. Dose he (Vic) have control of the funds?
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JSL pulls up the GFM main page (That's Exhibit 10 for Rial/Toye MFS).
Vic says he's never seen the GFM.
JSL says he showed Vic in his depo. Vic say he has no control over Nick.
Mtz: obj, relevance (sustained)
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JSL pulls up pics of Vic & Nick together
Mtz: obj (overruled)
JSL: Nick set up GFM for you
VM: "To correct injustice." Nick contacted me and wanted to set it up. "I didn't feel great about it".
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Mtz: obj, relevance (Chupp overrules, but is doubtful about the value of this line of questions)
JSL brings up Nick & Vic together in Hawaii. Vic states that was Nick's family vacation, no coordination to meet up, etc.
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There's a fair amount I'm leaving out, but JSL was hammering on GFM and Chupp wasn't following the significance. This is muddled and repetitive, Vic disclaiming any knowledge, control, or approval, Chupp focused on Vic's personal control of GFM.
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I'm not sure whether this exchange happened now or later in testimony, but Vic says Nick sent him an email that he ignored (didn't know him), and later Nick followed up (phone or at con?) about setting up GFM and Vic remembered the email.
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Vic says he realized it was the same rando stranger talking about how Vic's fans just wanted to support him and Nick would set everything up, Vic wouldn't have to do anything but let Vic's fans be the angels they are (only minor embellishment)
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To sum up Vic's testimony so far:
1. didn't read his suit
2. didn't read any affidavit, including his own
3. trusted lawyers for everything
4. trusted allegedly magnanimous stranger
5. trusted adoring fans
6. has nothing to do with anything
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JSL: Are you familiar with Discord?
VM: I don't know that it is. I've never used it.
JSL pulls up screenshot of Nick's "will weaponize" post. (I'm not sure which filing it's from, but it's gross)
Chupp uninterested. JSL move on.
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JSL: There were online magazines that wrote about you, and you might still sue them?
VM: I haven't made a decision on other suits.
JSL: So other suits maybe.
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JSL: Did these magazines cause cancellations?
[no answer in notes]
JSL pulls up Vic's tweet about "gratitude" for support (not going to look up the cite). JSL is trying like hell to get Vic to say he approved of Nick & GFM.
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JSL: How many twitter followers do you have?
VM: I don't know.
JSL: How many did you have when you tweeted this? ("gratitude" tweet)
VM: Don't know.
JSL pulls up Vic's depo, In which Vic testifies he has roughly 113,000 twitter followers.
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JSL: You endorsed the GFM?
Mtz: obj (sustained)
JSL: Did you ID other defendants?
VM: No.
JSL: Did Nick ID others?
VM: If Nick did, I didn't tell him
JSL: Nick played video of your depo on his stream.
Chupp: What are we talking about here?
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JSL: What's your net worth?
VM: I don't know (note: come on, man)
JSL: You made $161k this year?
VM: I don't know. (note: seriously, come on)
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JSL: How much money did the trust pay you?
VM seems confused, talking low
JSL: When you transferred your house into the trust on 9/6, how much money were you paid?
Vic: I don't know.
Chupp: Did you transfer your house to a trust after I ruled?
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We're going to pause here. Chupp seems affable but direct and no-nonsense. His body language and tone changed here (I think others will confirm). Eyebrows up. I'm pretty sure he was doing this on the inside:
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Vic stammers something to the effect of the transfer already being planned (note: VIC. THIS DOES NOT MAKE IT BETTER, GUY.)
Mtz asks for 5 minutes. Chupp says their witness is still on the stand. JSL notes witness is technically sequestered.
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Mtz says Vic can stay, counsel needs 5 minutes to discuss.
I'll take a stab at what Mtz was thinking, probably "I need 5 minutes to take Ty into a windowless room and work him over savagely with a phone book".
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I forgot to add something: JSL asked Vic about the transfer and as Vic was hemming and hawing, JSL pulled up the Warranty Deed for the property, at which point Chupp asked about the transfer.

It was a full-on mic-drop by JSL.

#Threadnought #antiSLAPPsgiving141
I am very sad I screwed up telling the story of that moment. I have regrets.

I'm over it now.

Chupp grants 5-minute recess. Ty starts his walk down the green mile.

I'm off to make dinner and hang with my Sand Snakes. Once the kids are in bed and I have whiskey, more stories.
Scotch is poured. Twitter is on. Time to drag you unfortunate souls through more of my notes.
On return from The Great 5-Minute Ty Beard Bludgeoning Of 2019, Counselor Hsu began CX of Vic.
Hsu: Did you have cancellations after the..."twitterfest"?
(objection, sustained)
Not a great start, but no new malfeasance found. 1 for 1 so far!
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Hsu: Tell us about the three tweets from Funimation
VM: I don't remember the tweets or what was in them specifically. I know generally they were bad. (Vic. Buddy. Guy. Pal. It's like you *want* to make this worse. Name ONE THING.)
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Hsu: Did the tweets cause cancellation?
[Obj. speculation (sustained)]
Hsu: Did you pay legal fees to counsel prior to Beard-Harris?
VM: Yes
(Interesting strategy: do you really want to drive home that other counsel didn't want this case?)
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Hsu: In your tweet you called Nick a friend?
VM: "I foolishly consider everyone my friend".
(pssst. Vic. I'm pretty sure your [allegedly] overly-friendly actions are why we're here.)(Also, that bus pretty comfy sitting on top of you, Nicky?)
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Hsu: You had no control over Nick?
VM: No.
Hsu: Did you consider whether to file this suit?
VM: I thought long and hard about filing. Saw it spiraling. I had no recourse to save my reputation. I considered contacting Monica..
[Rial purses lips]
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...because I've always considered her a friend.
(Note: I'm not part of the fanbase - I don't give a fig about Vic either way, but if there were doubts about Vic's sincerity, this quadrupled them. Drama is okay. Melodrama not so much.)
#Threadnought #antiSLAPPsgiving141
Hsu: Have you filed other suits?
VM: No.
JSL: Did you have to file this lawsuit to shut people up?
Chupp: Do you think your case was hijacked by twitter, social media?
VM: (tears up) It spiraled out of control.
#Threadnought #antiSLAPPsgiving141
Chupp releases Vic, who exits the courtroom, quivering, with Ty patting him on the back.

#Threadnought #antiSLAPPsgiving141
I'm not going to go through the details of the testimony of Volney and Johnson, because they were substantively similar to Lemoine's testimony, which I did cover, and because Martinez turned what could have been fairly expeditious into...not.
#Threadnought #antiSLAPPsgiving141
Broad strokes: As I mentioned earlier, Martinez fought picked a lot of fights because he really didn't have anything solid to attack. He was advocating for his client, but not effectively (to my ear)
#Threadnought #antiSLAPPsgiving141
Chupp kept raising the same question: all defendants had to defend against the same causes of action, so why did SJ do it for $48k and JSL for $280k? He was harping on the number of claims.
#Threadnought #antiSLAPPsgiving141
At one point Chupp said if he took his car to the shop and one place would fix it for $48k and the other for $280k, why would he ever pay the higher price? That was an opportunity for D counsel to point out Chupp's analogy was incorrect...
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...because what was really happening is the shops are charging for different repairs: they may both work on the "engine" but $48k is replacing some gaskets, and $248 is doing a rebuild. Same category, different in degree.
#Threadnought #antiSLAPPsgiving141
Chupp keeps questioning why it's not the same fee for all work on "engine". I say "questioning," but I'm not sure he really believes that, because he'd have to be essentially ignoring factors in Arthur Andersen/Rohrmoos.
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It's entirely likely Chupp is repeatedly offering Martinez an opportunity to make some - any - argument here and/or for D counsel to fill out the record as much as possible prior to appeal, rather than Chupp just not understanding basic bills.
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I'll let the litigators comment more on that - I'm just thinking out loud (as it were). I do think Chupp will grant less than full fees on the top end.

#Threadnought #antiSLAPPsgiving141
There is really interesting tension between Vic's 'I've been railroaded, I'm the victim here' testimony, versus the clearly non-meritorious suit he brought and his apparent attempt to hide assets after judgment.
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I think Chupp is taking some time to think about whether he really believes Vic's presentation on the stand. If Vic was truthful and really was harmed and agonized over whether to file, why doesn't he know ANYthing about his own suit?
#Threadnought #antiSLAPPsgiving141
And if Vic's suit wasn't about shutting people up, why is deciding whether to file more suits? Chupp said 'look, I'm sitting up here and I'm not thinking about suing anyone. He is.'
I think that is going to weigh heavily.
#Threadnought #antiSLAPPsgiving141
A moment of levity from earlier in the afternoon: Hellberg asked to step outside for a moment and Chupp said yes, then "You're not going outside to tweet about this case, are you?" It was a good joke, and a good break in courtroom atmosphere.

#Threadnought #antiSLAPPsgiving141
The opposite of good humor: at the end of his ceaseless nitpicking on billing, Martinez barfed up the absurd argument about "Funimation" in a billing entry as casting doubt on who was paying whom. This is stupid, and it was received that way.
#Threadnought #antiSLAPPsgiving141
All other points of merit having been covered by my betters in attendance, I'm closing this down. Because unlike some people, I listen when a judge says "Are you trying to prove something, or just waste the courts time?"
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