10/04/2019 - Judge Chupp Dismisses All Claims Against Defendant - Take your Sperging Here

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Anime voice actor Vic Mignogna loses big as judge drops final claims that Dallas-area studio and colleagues defamed him
Tarrant County judge's action came after mediation efforts this week failed to get a resolution in clash that began with allegations of star's inappropriate behavior.
Jamie Marchi, left, and Monica Rial outside the Tarrant County courtroom Sept. 6 where Judge John Chupp made the first of his rulings in their defamation case brought against them.

Jamie Marchi, left, and Monica Rial outside the Tarrant County courtroom Sept. 6 where Judge John Chupp made the first of his rulings in their defamation case brought against them.(Lawrence Jenkins / Special Contributor)
By Sharon Grigsby
6:55 PM on Oct 4, 2019
In a pivotal #MeToo moment for the multimillion-dollar anime industry, Grapevine-based voice actor Vic Mignogna — long hounded by allegations of inappropriate behavior toward women — lost big in court Friday.
State District Judge John Chupp dismissed the remaining claims in the defamation lawsuit that “Dragon Ball” star Mignogna filed in April against his former employer, two of his Dallas-area colleagues and the fiancé of one of the women.
Chupp’s action came after mediation efforts this week failed to get a resolution.
Friday’s decision left Mignogna 0 for 17 in his legal battle, as Chupp already had dismissed 12 of the claims, which included defamation, tortious interference and conspiracy during an early September hearing.
This latest order is unlikely to tamp down the nasty firefight that has raged on social media between the #kickvic and #IStandWithVic camps. The split in the anime community over who are the villains and who are the victims has only sharpened with each development in the case.

This sorry mess started in January, as Mignogna's most recent film, Dragon Ball Super: Broly, soared to box office records. Its release also set off another round of allegations on social media about the 57-year-old actor's aggressive kisses, hugs and unwanted sexual advances.
Actor Vic Mignogna attended the 20th Annual Webby Awards in New York City in May 2016.
Actor Vic Mignogna attended the 20th Annual Webby Awards in New York City in May 2016.(Mark Sagliocco / Getty Images)
Mignogna repeatedly has denied all allegations of inappropriate actions, although he acknowledged in a June 26 deposition that people have commented negatively for years about his behavior.
As a columnist who writes regularly about these issues, I became interested in this case because of the voice actor’s decision to go on the offensive — digging in and fighting back against what he and his devoted fans have labeled lies, exaggerations and ploys for attention.
The first batch of dismissals came Sept. 6 as Mignogna’s astonishingly disorganized — and at times ill-prepared and illogical — legal team tried to make its case before Chupp. Eleven days after that hearing, the judge summoned attorneys for both sides to his Tarrant County chambers and ordered mediation.
Before dismissing the lawyers that day, Chupp handed out copies of threats of violence that were emailed and circulated on social media against him and others since the Sept. 6 hearing.
According to the transcript from the Sept. 17 meeting, Chupp noted that he wanted to make sure both sides were aware of potential danger and said, “This is real life stuff. This isn’t an animé cartoon or something like that. And I don’t know if people can distinguish between the two.”
He told the lawyers, “Y’all may owe a duty to this community, since y’all’s clients are a part of it, to try to get this case worked out.”
Anime gets its #MeToo moment in clash between Dallas-area voice actors
For the sake of anime fans and those inside the industry, Chupp said, he hoped that mediation would prove successful.

“Before I rule on the rest of it,” Chupp told the lawyers, “I’d rather you try to get this worked out. I think y’all have the opportunity to heal the community by doing something that y’all can all agree on, as opposed to having me do something, and then y’all having to appeal it ... this could go on years.”
The lawyers agreed to try, and that mediation session took place Wednesday. After those efforts produced no resolution, Chupp made his Friday ruling.
I repeatedly attempted to contact Mignogna’s Tyler-based attorney, Ty Beard, before I first wrote about this case in August. He did not respond to my multiple emails and phone calls prior to the publication of the first news story or any of the columns I've written about the case since then.
Jamie Marchi, left, and Monica Rial are the two voice actors whom Vic Mignogna filed a April lawsuit against. On Friday, Judge John Chupp dismissed the remaining claims against Rial; he had previously dismissed claims against Marchi.
Jamie Marchi, left, and Monica Rial are the two voice actors whom Vic Mignogna filed a April lawsuit against. On Friday, Judge John Chupp dismissed the remaining claims against Rial; he had previously dismissed claims against Marchi.(Lawrence Jenkins / Special Contributor)
The voice actor’s legal fight is apparently backed by a GoFundMe war chest, which has reached almost $250,000 since Minnesota lawyer Nick Rekieta opened it in February.
But even that large a sum may not cover all the plaintiff's costs. Next up for the court is to sort out attorney’s fees — which could total up to half a million dollars given the multiple defendants and their legal representation — and mandatory sanctions.
Mignogna has provided the English-language voice for hundreds of animated shows, films and games created in Japan. He’s long been among the most popular actors at conventions across the nation that allow fans of the genre to meet their heroes.
His lawsuit named Funimation, voice actors Jamie Marchi and Monica Rial, and Rial's fiancé, Ron Toye. The lawsuit painted the company and three individuals as a band of conspirators leading the charge to ruin Mignogna’s career. In response, those accused have maintained that the legal action is aimed at unjustly silencing them
Marchi, Rial and Toye were among the scores of animé talent and fans who, beginning early this year, tweeted critically about the actor's behavior. Rial alleged that Mignogna grabbed her in a hotel room and forcibly kissed her without her consent at an anime convention in 2007. Marchi accused him of violently pulling her hair in a tense office encounter.
Vic Mignogna's hearing in front of Tarrant County judge turns into unholy mess

Funimation, a Flower Mound-based company owned by Sony Pictures Television that dubs and distributes animé, announced in February that it had severed ties with Mignogna. Funimation’s statement included few specifics about the voice actor but said, “We do not condone any kind of harassment or threatening behavior.”
At the Sept. 6 hearing, Chupp dismissed all claims against Marchi, all except defamation against Funimation and all except defamation and conspiracy against Rial and Toye.
His Friday order ended those remaining claims. Whether it ends the ugly social media warfare is far less likely.
Judge Chupp Order by Sharon Grigsby on Scribd
Source

10/04/2019
Ty Beard will join Nick Rekieta's live stream tonight to discuss the ruling.

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Edit:
Live stream just started:

Don't shit up the general thread and lawsuit thread.
Use this one instead.
@emspex isn't here anymore to clean after us.
 
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HeyYou

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Chupp really seems to have dismissed this because he doesn't want to deal with it and wants them to come to terms outside of the court. This entire thing has brought out the worst of the ISWV spergs and I haven't followed it for ages, but Jesus, dude, do your fucking job.
 

Crazedking

kiwifarms.net
Chupp really seems to have dismissed this because he doesn't want to deal with it and wants them to come to terms outside of the court. This entire thing has brought out the worst of the KV spergs and I haven't followed it for ages, but Jesus, dude, do your fucking job.
its alright mate, the appeals are comings and will only make their sperging even funnier when they will be #stillsued. But atleast now we can take a bit of a break from this rollercoster of lulz.
 

Doxus

kiwifarms.net
What an absolute travesty. Lady Justice must have tears beneath that blindfold. Appeals are there for a reason, but I hope this is Chupps last fuck up.

Edit: Isn't this almost exactly the same as what Dick and Madox went through? The Judge didn't give a shit and threw it all out?
 
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Reverend

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kiwifarms.net
Well that was an exceptional document that threaded back and forth between multiple types of law that Chupp didn't even bother hearing/caring about. The prima facie part wasn't even demonstrated in the hearing, Chupp didn't let Ty complete that one. Then we have preponderance of the evidence which Chupp ignored and was focused on some other facet of the case during the hearing.

Chupp is doing everything in his power to divulge himself of this case and let some other judge handle it in Appeals.

There's a ton of data points in all the filed documents, Ty's 1100 page sperg fest covers everything needed in appeal, but all of it was ignored because...reasons?

I assumed this was gonna happen and Ty and Co are going straight to appeals so now we enter the Myer v. Waid struggle with most of this case going cold for months.
 

HeyYou

seriousposter
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I mean Chupp did say they would be back in appeals 3 months later. Everyone should've known this was coming.
Everyone involved can calm down now. Ty and the rest of the team can see where they went wrong and focus on arguing better. Probably the best thing that could happen is if all this internet drama died down, the case gets much more boring, and most of the discussion ends up in the Lolcow LLC thread.
 

AnOminous

I'm not mad at anyone, honest.
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This isn't the worst thing that could have happened, which would have been just leaving one defamation cause of action alive. That would have been a giant mess. First, you'd have the defamation case going forward in the trial court, along with the immediate discovery disputes because the defendants were already in default.

Or you'd have a defense appeal on that. Then there would be a cross appeal on whatever actually was dismissed. There would be a separate timeline and documents would have to be filed in the appeal and the cross appeal, which would invite the kind of spamming the defense likes to engage in.

As it is, there is now only one case, the appeal, unless Vic chooses not to appeal. There's an accelerated briefing schedule, strict page limits on filings, and a known timeline for what happens from now on, with a ruling in a relatively speedy fashion.

I'm not sure if Judge Chupp's off the cuff three months guess is correct, but hey, he'd know. He should be used to being reversed by now.
 
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