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Katten

Member
Oct 27, 2017
2,499
You thought we were done for the day?





Go for Marchi, the other is just confirming a date.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
49,994
Oh fuck. I just realized.

With Vic blatantly trying to amend his previous statements with new statements that are blatant lies to cover them up, this has finally crossed into the territory of an early game Ace Attorney case.

Hell, Nick and Beard are just two halves of an Ace Attorney name pun.
 

Protome

Member
Oct 27, 2017
15,677
So what's going on currently?
Oh DragonSJG my man, so much. Today alone there have been like...what...10 filings?
A sort of summary:
- The Plaintiffs withdrew their Affadavits from Saturday's filing because they were improperly notarised, ie: Beard committed fraud and tried to remove the evidence after the defense called him out on it.
- They also filed an updated amendment to the original filing for the case which is arguably not allowed this close to the hearing. We'll see.
- The defense all filed a LOT of stuff. Primarily responses to the filing from Saturday, some interesting, some just going through all the evidence and responding to its issues piece by piece.
- The biggest and arguably more important filing today as the Defense filing a joint motion to strike and also a motion to sanction against Beard for committing fraud, filing late, lying about why they filed late and all around just wasting everyone's time. It's up in the air as to whether this will stick or not but it's very very well argued.

I've missed so much, I recommend skimming the last few pages to catch up better!
 

deepFlaw

Knights of Favonius World Tour '21
Member
Oct 25, 2017
23,495
Oh DragonSJG my man, so much. Today alone there have been like...what...10 filings?
A sort of summary:
- The Plaintiffs withdrew their Affadavits from Saturday's filing because they were improperly notarised, ie: Beard committed fraud and tried to remove the evidence after the defense called him out on it.
- They also filed an updated amendment to the original filing for the case which is arguably not allowed this close to the hearing. We'll see.
- The defense all filed a LOT of stuff. Primarily responses to the filing from Saturday, some interesting, some just going through all the evidence and responding to its issues piece by piece.
- The biggest and arguably more important filing today as the Defense filing a joint motion to strike and also a motion to sanction against Beard for committing fraud, filing late, lying about why they filed late and all around just wasting everyone's time. It's up in the air as to whether this will stick or not but it's very very well argued.

I've missed so much, I recommend skimming the last few pages to catch up better!

Going to expand on the stuff about the filing from last week and affidavit withdrawing and such. This doesn't even capture how bad the filing was but I thiiiink I got most of this aspect of it:

1. They file on Saturday, past midnight, despite Friday being the deadline. In that filing, there are 3 affidavits. All are notarized by Beard on Friday.
2. All 3 people live hundreds of miles away from Beards' office. Beard was proven to be at his office on Friday. One of the people was proven to be hours of travel away from the office on Friday. It does not make sense to begin with that Beard had to be the notary rather than someone local to them. Opposing lawyers ask for his logs of notarizing the affidavits and get no response on that.
3. Vic's affidavit directly contradicts his deposition regarding acts towards Marchi, at the very least. So that in itself is a problem!
4. Again, this was submitted past the deadline. Beard officially claims this is due to a technical error... but the timestamp on the error page he shows was already past midnight. His explanation for this is directly lying to the judge as a result. He also continues to be unprofessional towards the opposing lawyers in e-mails throughout this, despite them still going out of their way to offer to save him from himself.
5. He goes on to withdraw the affidavits. He then resubmits them as unsworn declarations. Fwiw there was already one such declaration present, as the person making it is in Japan and was seemingly unable to have it be notarized. This change does nothing to resolve that he originally lied completely about notarizing them, which is illegal. And... is the idea that he just sorta slipped and accidentally applied his stamp to 3 different affidavits? Who can say!. Oh, and Vic is still contradicting his own deposition. Obviously past the deadline already too, so it's an awfully big assumption that this would be allowed even if it wasn't a laughable attempt to cover something up.
6. Meanwhile, Beard of course acts like this 100% resolves all of the issues with the affidavits and that it cannot reasonably be questioned by opposing lawyers as a result, and even argues that they shouldn't bring it up because with all the rules they've ~totally~ broken (which they haven't) they'd also be sanctioned. And this is said in e-mails with the opposing lawyers, to be clear, not in YouTube bragging.
7. I cannot state enough that it is just incredibly unclear to me why he felt any of these specific actions around the affidavits were necessary. Like... there's just 0 need to claim all the affidavits were on the same day if he was going to fake them to begin with? Why arbitrarily box yourself in? There was also 0 need to have all 3 of them on the last day possible, whether they're inexplicably actually notarized and you had to set a day for it, or if you're just picking a fake day? He could have at least picked a day when one of them wasn't visibly attending a convention? He also just, I dunno, could have just submitted them as unsworn declarations the first time at worst of having them notarized fell through? It is, even for this case, extremely baffling!
8. oh and this entire time: at least one of the affidavits contains statements that pretty much tanks the case even further for them! so why the fuck did you even include it, twice!

EDIT: oops tapped post by accident, not done, editing the rest...
EDIT2: done
 
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sensui-tomo

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
4,629
On some planet Ty is probably an expert lawyer....
cf03002b-54d6-4943-8b0c-f10860fa897b_text.gif
 

Primus

Member
Oct 25, 2017
3,830
Good lord, the hearing on the new motions is set for right before the actual TCPA hearing?

This is not going to go well for Percy. Not at all.
 

Katten

Member
Oct 27, 2017
2,499
Good lord, the hearing on the new motions is set for right before the actual TCPA hearing?

This is not going to go well for Percy. Not at all.



Isn't it same slot, that is now just full of something else? Percy got extra time in his extension since it was earliest available. So I am just curious if they suddenly found extra time before that?
 

MrSaturn99

One Winged Slayer
Member
Oct 25, 2017
11,453
I live in a giant bucket.
Oh fuck. I just realized.

With Vic blatantly trying to amend his previous statements with new statements that are blatant lies to cover them up, this has finally crossed into the territory of an early game Ace Attorney case.

Hell, Nick and Beard are just two halves of an Ace Attorney name pun.

What's ironic is that I imagine many Vic stans visualize Beard as Phoenix Wright -- a legal underdog who miraculously overcomes insurmountable odds.
 

deepFlaw

Knights of Favonius World Tour '21
Member
Oct 25, 2017
23,495


Isn't it same slot, that is now just full of something else? Percy got extra time in his extension since it was earliest available. So I am just curious if they suddenly found extra time before that?


Hmm, looks like the original one was also set for 10 AM. So... not sure how this is being handled, huh.
 

MrSaturn99

One Winged Slayer
Member
Oct 25, 2017
11,453
I live in a giant bucket.
Jamie Marchi's lawyer doesn't hold back either. If you only have time to skim through one filing, I hope the highlights below persuade you to choose hers:

"Whereas Jamie's Motion sets forth legal and factual bases for application of the TCPA
and Plaintiff's evidentiary shortcomings, Plaintiff – on the other hand – chose to put before this
Court tabloid storytelling, illegitimate argument, and either no evidence or inadmissible evidence
in a manner that begs the question whether Plaintiff even cares to prevail against Jamie's Motion
in the first place. This Reply is Jamie's effort to clean up the issues – if any even remain – in order
for the Court to find that dismissal under the TCPA is the only outcome allowed pursuant to Texas
law."
"Plaintiff inexplicably claims that there is no evidence in the Court's record to
establish that he is – at a minimum – a limited-purpose public figure. Without admitting to the
admissibility thereof, Plaintiff's own evidence attached to his Response clarifies that his
transgressions have been public for years upon years and that people, including those discussing
it and those other than the immediate participants, are likely to feel the impact of its resolution.11
That Plaintiff would dispute the fact that he has "more than a trivial or tangential role" in this
matter and that the alleged defamation by Jamie is "germane to Plaintiff's participation in the
controversy" is beyond belief."
"Rather than addressing in any rational manner the clear
and specific case made for why Jamie's statements relate to health, safety, and community well-
being, Plaintiff chose instead to shame Jamie for her silence – a silence brought about from
Plaintiff's reputation, power in their industry, and the weight of carrying what Plaintiff did to her and others.12 Plaintiff's "defense" or "response" to this truth is so shocking that it merits singling
out from the nearly page-long paragraph in which it hides:

If she was so concerned about her safety and health and was concerned about the
safety and health of what she claims are past and future victims, then why did she
wait years to make her statement?


Of note is that Plaintiff here admits that Jamie's statement does concern health and safety,
but merely criticizes how long it took her to speak out. This is neither a factual nor a legal argument
from Plaintiff, only the retort of a person so bereft of empathy and humanity that they would rather
shame a victim for her trauma than engage in the discourse expected of parties and counsel
involved in litigation. Jamie's statement was made well before the specter of Plaintiff's lawsuit
(and his quarter-million-dollar war chest helmed by a faraway alleged Minnesota attorney) hung
over her head, and in it she stated her very clear and unequivocal purpose, which is certainly worth
reiterating in this Reply:

...But, in this moment, I want the others to who I know are out there to hear this: it wasn't just you. It's okay if you didn't say anything, to him or anyone else. You are not responsible for what happened. You do not have to be dismissive, ashamed, or afraid. Also, I hope if anyone ever goes through a similar experience, they will know from the start that their body is not up for debate. Their body is not property of the most popular person in the room. Their body is not responsible for a company, or a show, or an artform. Their body is most definitely not responsible for the reputation and livelihood of a predator.

Plaintiff would have been better served by not responding at all."
 
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Primus

Member
Oct 25, 2017
3,830
2 hours? Upgrade from "not good" for Percy to "just short of double-fucked".

Basically means the judge is 1) paying attention to the case and 2) not interested in fucking around, which = doubleplusungood for Vic.
 

Katten

Member
Oct 27, 2017
2,499
That slapdown in 2 effing hours.

This judge might be a bit more attentive than, well, most people expected.

Edit:

EDlEktcW4AA2_G3.png:large
 

mael

Avenger
Nov 3, 2017
16,764
EDlCSqoWsAYQKfy.jpg:large


Does BFL understand how much of an own goal that conclusion is?
The defendants' lawyers are doing a pretty good job proving they're paid to try and win the case.
 

Famassu

Member
Oct 27, 2017
9,186
Ty is basically making a mockery of the legal system, so I wouldn't be surprised if everyone involved were following this case more closely even outside the usual parameters, judge included, just to end this shitshow ASAP.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
49,994


That's some impressive jobbing. In Dragonball terms you'd have to look for someone like Pui Pui or some shit, where the guy is bragging about being able to handle conditions the heroes were training in two arcs and a timeskip ago.

I think that says something about the worries about a sympathetic judge that were expressed earlier, too. I imagine he's getting a little tired of having to deal with all of these poorly thought out motions.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
49,994
Looks like Rekieta's actually (re)tweeting a few things right about now. Not about this, but related to the Vic case.

I suppose it's technically possible that he might have missed it but I'd have to imagine that the safe money is that he's chosen to ignore it, at least until he figures out how to spin it.

He's doing/done some show about fraud but I both don't want to give him a click and shirk at his voice so I'm not going to check if he acknowledges that.
 

Watchtower

Member
Oct 27, 2017
11,640
Ty is basically making a mockery of the legal system, so I wouldn't be surprised if everyone involved were following this case more closely even outside the usual parameters, judge included, just to end this shitshow ASAP.

Beard and co. are basically treating the entire case as if they were entering a debate stream against Destiny and/or Hasanabi. Like everything in how they've acted, how they've reacted, what they consider important to the case, what they actually consider to be the case itself, etc. all makes more sense under that context.
 

Veliladon

Member
Oct 27, 2017
5,557
Beard and co. are basically treating the entire case as if they were entering a debate stream against Destiny and/or Hasanabi. Like everything in how they've acted, how they've reacted, what they consider important to the case, what they actually consider to be the case itself, etc. all makes more sense under that context.

Pretty much. Trying to win a case by shitposting.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
49,994
So how are Vic Stans twisting this into "all according to plan"?


maybenpkb9.png


?

Dunno if this is Rekieta's explanation but I have to assume that no one who has taken even one law course would be watching his show at this point so I'm going to assume so. Rekieta's also talking about talking about Texas procedure so he might make up something based off of that.
 

Mgs2master2

One Winged Slayer
The Fallen
Oct 25, 2017
2,861
The more I read of this, the more my head hurts. How the fuck did Nick get work at anything?
 

DragonSJG

Banned
Mar 4, 2019
14,338
So the court overruled his thing right and Beard got exposed?
Also, Stephanie got twitter and her tweet likes are concerning
 

DragonSJG

Banned
Mar 4, 2019
14,338
Chuck confuses me. Claims to be a devout Christian but works with a man who not only cheated on his fiance but has had multiple sex partners out of marriage, which is against Christianity.
 

Sheiter

Banned
Oct 25, 2017
174
Rekieta's defense appears to be that the notarization isn't fraudulent, which is technically likely true. One element of fraud is that a party relied on the fraud and doing so resulted in damages. The problem is that the "notarization" was so obviously fishy that nobody relied on it, though i guess one could make a case that damages were incurred in the form of billable hours. Either way I would expect to see Rekieta leaning heavy on "It's Not Fraud" and ignoring the fact that falsifying a notarization is still not an ok thing to do.
 
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