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NEWS: Judge Orders Mignogna, Remaining Defendants to Mediate Before October 3


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Expias



Joined: 30 Oct 2008
Posts: 176
PostPosted: Wed Sep 18, 2019 10:48 pm Reply with quote
Based on the transcript, the Judge ordered the mediation, not just because it's common, but because of the threats and vitriol. He wants the settlement because he knows that when he dismisses everything, that the plaintiff then can appeal and it would prolong everything. Plaintiff appeals can only happen once it's "finished" so if he dismisses everything or it's finished at either Motion for Summary Judgment? or Jury Trial finished. By telling Marchi's attorney, Johnson, that she should be there, she can settle for Vic to pay $X fees/fines, make an apology etc, if she's not there then she may be in front of the Court of Appeals in three months. The case(s) won't go to appeals that fast unless he gives Vic the opportunity to appeal.

But the Judge obviously sees the vitriol and the threats (the ones provided and that he shared with the attorneys are all from one side) and wants to allow the anime community to heal. He's explicit about that.

The court is also very obviously explicit that the only way Marchi is dragged back in is by appeals. All the cases against her were dismissed and Judge Chupp is not changing his mind soon. She's not listed as a Defendant anymore.
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crazieanimefan1



Joined: 18 Feb 2015
Posts: 409
Location: Auburn, AL
PostPosted: Thu Sep 19, 2019 1:37 am Reply with quote
StarfighterPegasus wrote:
Aresef wrote:
Something none of Mignogna’s defenders have yet to explain is why, with very few exceptions like Chuck Huber and Reuben Langdon, none of Mignogna’s peers are vouching for him. In fact, where voice actors are speaking up, it’s to side with Rial and Marchi in Calling Mignogna a creep. If this were a conspiracy, well, cui bono?
True not many people who work in the industry are vouching for Vic's misconduct. Its just his fans that are taking Vic's word by the sword.


I think they've learned to keep quiet over the whole fiasco while trying to make their own living at work and not say or do something to get fired.

If they want to mediate, I think Vic needs to go public and ADMIT he's a sex fiend. I see that as something the competent lawyers would first ask for. I think in the end too, the judge will be ruling. There's no talking to Dumb and Dumber, Attorneys at Law.
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5824
Location: Virginia, United States
PostPosted: Thu Sep 19, 2019 8:55 am Reply with quote
I doubt it will work out in mediation, so we will be waiting until Oct 3rd for a court date to be set.
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Expias



Joined: 30 Oct 2008
Posts: 176
PostPosted: Thu Sep 19, 2019 9:54 am Reply with quote
TarsTarkas wrote:
I doubt it will work out in mediation, so we will be waiting until Oct 3rd for a court date to be set.

No?

Judge said he will rule on October 4th, if they don't mediate.
He's required to have it ruled on by October 6th, as that's a Sunday, it's October 7th. But since he's going to rule on October 4th and given the transcript of the hearing, he sounds ready to dismiss everything.

Once they're all dismissed, they -can- appeal but I believe that also has to happen after the fees and sanctions are numerated. After that, Vic will also need to post up bond of what people estimate to be like $500k to go ahead with appeals. He may not want to do that when he finds out how much he's paying out first.
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JustinTaco



Joined: 06 Jul 2016
Posts: 118
PostPosted: Thu Sep 19, 2019 10:02 am Reply with quote
Expias wrote:
TarsTarkas wrote:
I doubt it will work out in mediation, so we will be waiting until Oct 3rd for a court date to be set.

No?

Judge said he will rule on October 4th, if they don't mediate.
He's required to have it ruled on by October 6th, as that's a Sunday, it's October 7th. But since he's going to rule on October 4th and given the transcript of the hearing, he sounds ready to dismiss everything.

Once they're all dismissed, they -can- appeal but I believe that also has to happen after the fees and sanctions are numerated. After that, Vic will also need to post up bond of what people estimate to be like $500k to go ahead with appeals. He may not want to do that when he finds out how much he's paying out first.


You've gotta wonder what's gonna happen when Vic stops shmoozing it up at film festivals and the like and actually realizes what's going on with this lawsuit that's supposedly so important to him.
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DerekL1963
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Joined: 14 Jan 2015
Posts: 1113
Location: Puget Sound
PostPosted: Thu Sep 19, 2019 12:43 pm Reply with quote
Expias wrote:
Based on the transcript, the Judge ordered the mediation, not just because it's common, but because of the threats and vitriol.


Transcripts aren't normally available same-day... So, linkage?
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TarsTarkas



Joined: 20 Dec 2007
Posts: 5824
Location: Virginia, United States
PostPosted: Thu Sep 19, 2019 12:48 pm Reply with quote
@Expias

I must have forgotten that, thanks.

As to the mediation, well, if both parties just want the whole thing to go away then perhaps, but from the talk here, that is not in the cards.
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Deacon Blues



Joined: 09 Mar 2005
Posts: 383
Location: Albuquerque, NM
PostPosted: Thu Sep 19, 2019 1:10 pm Reply with quote
DerekL1963 wrote:
Expias wrote:
Based on the transcript, the Judge ordered the mediation, not just because it's common, but because of the threats and vitriol.


Transcripts aren't normally available same-day... So, linkage?


The Dallas News reported on it a couple hours after the hearing, so more than likely the quote attributed to the judge was from that.
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JustinTaco



Joined: 06 Jul 2016
Posts: 118
PostPosted: Thu Sep 19, 2019 2:57 pm Reply with quote
DerekL1963 wrote:
Expias wrote:
Based on the transcript, the Judge ordered the mediation, not just because it's common, but because of the threats and vitriol.


Transcripts aren't normally available same-day... So, linkage?


You're right, they usually aren't, but it was a very short hearing.
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DerekL1963
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Joined: 14 Jan 2015
Posts: 1113
Location: Puget Sound
PostPosted: Thu Sep 19, 2019 3:06 pm Reply with quote
JustinTaco wrote:
DerekL1963 wrote:
Transcripts aren't normally available same-day... So, linkage?


You're right, they usually aren't, but it was a very short hearing.


Thanks!
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JustinTaco



Joined: 06 Jul 2016
Posts: 118
PostPosted: Thu Sep 19, 2019 3:09 pm Reply with quote


This part really kills me
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Expias



Joined: 30 Oct 2008
Posts: 176
PostPosted: Thu Sep 19, 2019 3:45 pm Reply with quote
Deacon Blues wrote:
DerekL1963 wrote:
Expias wrote:
Based on the transcript, the Judge ordered the mediation, not just because it's common, but because of the threats and vitriol.


Transcripts aren't normally available same-day... So, linkage?


The Dallas News reported on it a couple hours after the hearing, so more than likely the quote attributed to the judge was from that.

Doucette and others following along crowdfunded the transcript Sept 17th after most of us read about it on the Dallas News. Transcript sent right before the invoice on Sept 18th.

If you can't access it on Dropbox, it is also available on Google Drive.
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crazieanimefan1



Joined: 18 Feb 2015
Posts: 409
Location: Auburn, AL
PostPosted: Thu Sep 19, 2019 5:25 pm Reply with quote
The one line I liked:

"This isn't an anime cartoon or something like that, and I don't know if people can distinguish between the two."

That. Is. ALL. This. In. A. Nutshell.
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Redbeard 101
Oscar the Grouch
Forums Superstar


Joined: 14 Aug 2006
Posts: 16935
PostPosted: Thu Sep 19, 2019 7:16 pm Reply with quote
Gina Szanboti wrote:

Edit: bandit's post was on page 2 so I hadn't seen Psycho's post yet. I don't know if it means end the discussion, period, or just stop with the "victim blaming, conspiracy theories, blatant trolling, bad faith arguing, or responses to said posts," but since he didn't lock the thread, I have to assume the latter. Delete it if I guessed wrong.


You guessed correct young padawan.
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CrowLia



Joined: 24 Feb 2012
Posts: 5504
Location: Mexico
PostPosted: Thu Sep 19, 2019 9:49 pm Reply with quote
JustinTaco mentioned this in an earlier thread, but I gotta say I'm kind of sick of this "healing the rift in the anime community" narrative. For starters, the large majority of Vic's "supporters" aren't even members of the anime community, but comicsgate alumni looking for their next crusade in the culture wars. For all that Anime Matsuri panel with Screech and Ty about how they were doing this "for the fans", neither of them really care about anime. And the small portion of the anime community that still support Vic are the same usual suspects that believe Japan is an anti-esjew paradise and that westerners are ruining anime by wanting to infect it with feminism and political correctness.

So, like JustinTaco said, I don't think there's any "healing" to be done. The rift wasn't created by this controversy and even if the parties mediate successfully, the rift won't magically go away. Unfortunately, I think the best we can hope for is for all this to be behind us and let the outrage gater mob move on to whatever new controversy keeps their "culture war" going.

In spite of all that, I do appreciate that the judge seems to be taking the case seriously and sounds earnest in wanting to de-escalate this bullshit and put an end to it
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