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INTEREST: The Mignogna Deposition


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penguintruth



Joined: 08 Dec 2004
Posts: 7883
Location: Penguinopolis
PostPosted: Mon Jul 29, 2019 1:38 pm Reply with quote
Vic's "case" is just looking worse and worse by the day, with his deposition being particularly bad for him. It shows that not only does he engage in all sorts of creepy behavior with minors, but he's of a conspiratorial mind who believes being called out for his behavior is all a concerted effort to ruin him over nothing. He's little more than a desperate sexual predator looking for one last payday.
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mewpudding101
Industry Insider


Joined: 07 Apr 2009
Posts: 2048
Location: Tokyo, Japan
PostPosted: Mon Jul 29, 2019 1:43 pm Reply with quote
Only one link works...?
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Nick4x



Joined: 11 Apr 2007
Posts: 23
PostPosted: Mon Jul 29, 2019 1:53 pm Reply with quote
Quote:
All of the defendants have since filed motions to dismiss the suit.


I haven't kept up with this case because of all the blatant misinformation being thrown around by people who weren't there and made up their minds who they wanted to believe before any testimony was given, but can I assume that this quote means that either:

1. The defendants realized Mignogna's actions weren't sexual in nature.
or
2. A settlement was reached.

I would like a definitive followup on this, as a settlement usually indicates a crime was committed (I know that's not always the case, but I'd sure as hell never settle a lawsuit like this if I was innocent, especially with how high-profile this case was).
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getchman
He started itHe started it


Joined: 07 Apr 2012
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PostPosted: Mon Jul 29, 2019 1:59 pm Reply with quote
nothing has happened yet. Vic filed a lawsuit and then Funi, Monica and Ron and Jamie filed motions to dismiss. so far a hearing has been set for Aug 8th and then the judge has a month to make a decision
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octopodpie
ANN Managing Editor


Joined: 02 May 2011
Posts: 1816
Location: Washington State
PostPosted: Mon Jul 29, 2019 2:01 pm Reply with quote
mewpudding101 wrote:
Only one link works...?


Should all be functional now.
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Nick4x



Joined: 11 Apr 2007
Posts: 23
PostPosted: Mon Jul 29, 2019 2:04 pm Reply with quote
getchman wrote:
nothing has happened yet. Vic filed a lawsuit and then Funi, Monica and Ron and Jamie filed motions to dismiss. so far a hearing has been set for Aug 8th and then the judge has a month to make a decision


Oh, I must have misunderstood. I assumed the defendants were dismissing the case against Vic and that it was all over now.

Welp, time to ignore all conversations surrounding this case until it's finally over.
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Anthony.P



Joined: 16 Mar 2007
Posts: 51
PostPosted: Mon Jul 29, 2019 2:19 pm Reply with quote
Nick4x wrote:
Quote:
All of the defendants have since filed motions to dismiss the suit.


I haven't kept up with this case because of all the blatant misinformation being thrown around by people who weren't there and made up their minds who they wanted to believe before any testimony was given, but can I assume that this quote means that either:

1. The defendants realized Mignogna's actions weren't sexual in nature.
or
2. A settlement was reached.

I would like a definitive followup on this, as a settlement usually indicates a crime was committed (I know that's not always the case, but I'd sure as hell never settle a lawsuit like this if I was innocent, especially with how high-profile this case was).


To be specific, they're filing anti-SLAPP motions. From the FUNimation Investigation article:

Quote:
Funimation, Marchi, and Monica Rial and Ronald Toye have filed separate anti-SLAPP motions to dismiss Mignogna's suits against them. Rial and Toye filed a motion dismiss the the case based on Texas Citizen's Participation Act (TCPA) on July 19. The act is the state of Texas's law to protect individuals from Strategic Lawsuit Against Public Participation (SLAPP) lawsuits. A "SLAPP suit" is a lawsuit designed to hinder individual(s) from speaking freely, but is otherwise without merit, under threat of the suit itself or its potential financial cost. According to TexasLawHelp.org: "The lawsuit can be filed by the plaintiff on different grounds (reasons) like libel or tortious interference, but the point of a SLAPP suit is to silence the defendant regardless of whether the lawsuit has merit."

If the court dismisses the case under the TCPA, Rial, Toye, Marchi, and Funimation could be awarded the cost of their attorney fees. Rial and Toye are also seeking financial sanctions against Mignogna. Lemoine writes that Mignogna is a public figure and the lawsuit is "an all-out assault on Ms. Rial's and Toye's right of free speech to comment on a matter of public concern, i.e. Plaintiff's conduct with children and women both in public and — more insidiously — behind closed doors."

Lemoine argues that Mignogna has failed to show clear and specific evidence necessary to establish all the elements of his claims of defamation, tortious interference with contracts, and tortious interference with prospective business relations, conspiracy against Rial and Toye. Lemoine also asserts that Mignogna is libel proof, arguing that rumors of Mignogna's alleged conduct have followed him for years and thus he cannot ascertain damages. Mignogna stated during his deposition that did not know how much in damages he is seeking in his lawsuit and could not put an amount on damages incurred due to actions by the defendants.


If you're sincerely interested in avoiding misinformation, I highly suggest following Twitter Lawyers' take on the entire situation -- since June's infamous lawsuit letter (wherein Vic's lawyers cited a tweet calling him "a piece of shit" as defamatory), they've been professionally dismantling how laughable this entire case is. (Greg Doucette's typically everyone's go-to guy, but Mike Dunford's meticulous analyses are a personal favorite. Here's one example with Jamie Marchi's deposition -- note how while he's impressed with the motion's case for dismissal, he fairly critiques certain approaches in doing so.)
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TrailOfDead



Joined: 09 Aug 2012
Posts: 188
PostPosted: Mon Jul 29, 2019 2:45 pm Reply with quote
Nick4x wrote:
I assumed the defendants were dismissing the case against Vic


uhhhh you know who is suing who, right
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Caloris



Joined: 03 Oct 2005
Posts: 30
PostPosted: Mon Jul 29, 2019 2:46 pm Reply with quote
Nick4x wrote:
Quote:
All of the defendants have since filed motions to dismiss the suit.


I haven't kept up with this case because of all the blatant misinformation being thrown around by people who weren't there and made up their minds who they wanted to believe before any testimony was given, but can I assume that this quote means that either:

1. The defendants realized Mignogna's actions weren't sexual in nature.
or
2. A settlement was reached.

I would like a definitive followup on this, as a settlement usually indicates a crime was committed (I know that's not always the case, but I'd sure as hell never settle a lawsuit like this if I was innocent, especially with how high-profile this case was).
You missed the other option,
the defendants realized Mignogna has no case and that taking it to trial will be a waste of the courts time and have thus filed for the court to throw the case out with Mignogna to pay the defendants legal fees.
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Eisenmann V



Joined: 06 Nov 2013
Posts: 208
PostPosted: Mon Jul 29, 2019 5:08 pm Reply with quote
TrailOfDead wrote:
Nick4x wrote:
I assumed the defendants were dismissing the case against Vic


uhhhh you know who is suing who, right


I just assumed this was Nick Rekieta's ANN account.
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Jessica Hart



Joined: 12 Aug 2010
Posts: 214
PostPosted: Mon Jul 29, 2019 5:22 pm Reply with quote
Anthony.P wrote:
If you're sincerely interested in avoiding misinformation, I highly suggest following Twitter Lawyers' take on the entire situation -- since June's infamous lawsuit letter (wherein Vic's lawyers cited a tweet calling him "a piece of shit"[/url] as defamatory), they've been professionally dismantling how laughable this entire case is. (Greg Doucette's typically everyone's go-to guy, but Mike Dunford's meticulous analyses are a personal favorite.


Isn't Greg Doucette the guy who filed for bankruptcy twice and only has 3 cases on Westlaw which says he lost all 3 of them? That man tweets 400 times a day which means he tweets once every 3 minutes or so. Not sure that's a guy I would listen to.
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Furi-Yuri
SubscriberSubscriber


Joined: 04 Jan 2012
Posts: 24
PostPosted: Mon Jul 29, 2019 5:54 pm Reply with quote
I've been following this story. All the documents are out there. I've looked at them.
It doesn't look good for Vic, the YouTube personality that put him up this these suits or the Texas lawyer that filled the suits. Vic's rabidly toxic fans have done him no favors either.
I appreciate the reporting ANN has done on this.
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Animegomaniac



Joined: 16 Feb 2012
Posts: 3329
PostPosted: Mon Jul 29, 2019 5:56 pm Reply with quote
Quote:
During later questioning by Marchi's lawyer Sam Johnson, Mignogna reiterated that he did not recall whether he said anything in Marchi's ear but if he did, he denied it was sexual.


Advice to all possible defendants out there: Never give testimony of this variety. Just give flat "I do not recall" responses, do not attempt to color your own lack of response with an "even if I did" add on.

"I didn't know if I said anything" "But if I did say something, I know it wasn't sexual in nature."
He turned a "he said, she said" situation into a "he said, she said, he also said" one.
If you don't know if you said anything to her, how would you know it couldn't be understood as being sexual in nature? You in fact have a history of not understanding or appreciating the concept of personal boundaries, right now you just gave testimony where you admit to playing with her hair then holding it. I'd call that weird casual flirting to creepy flirting.

Compliment, good.
Touching it, odd, really depends on how friendly the two are.
Playing with it, weird.
"Holding" it, NO.

Can this case go away yet?
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tintor2



Joined: 11 Aug 2010
Posts: 486
PostPosted: Mon Jul 29, 2019 6:33 pm Reply with quote
Man, Littlekuriboh's inspersonation of Vic suddenly feels a bit awkward
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Utsuro no Hako



Joined: 18 May 2012
Posts: 952
PostPosted: Mon Jul 29, 2019 6:37 pm Reply with quote
Jessica Hart wrote:


Isn't Greg Doucette the guy who filed for bankruptcy twice and only has 3 cases on Westlaw which says he lost all 3 of them? That man tweets 400 times a day which means he tweets once every 3 minutes or so. Not sure that's a guy I would listen to.


Nah, that's Nick Rekieta Laughing
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