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Zero315

Member
Oct 25, 2017
7,190
So wait, is there a connection between the mediation and the threats the judge received? Or is it more a "this happened and also this happened" kind of scenario with the two things just lining up but sharing no connection?
My guess is that the judge is firmly over all this bullshit and has made his mind up. This screams of the judge giving Vic a chance to walk away from all this before having to face some stiff sanctions.
 

Protome

Member
Oct 27, 2017
15,678
Honestly, I fully expect to hear that Beard and Vic went into mediation going "WE WANT LOTS OF MONEY AND A PUBLIC APOLOGY AND WE WILL DROP THE CASE."
 
Nov 3, 2017
2,223
Does the mediation/arbitration distinction exist in the US? It feels weird for non binding mediation to be ordered so late in the game.

Though I guess you guys are right that the Judge is giving Vic one last chance to walk away before he brings the hammer down
 

ExKage

Member
Sep 9, 2019
377
According to an attorney in the thread (not one of the larger Threadnought lawyers so it may be someone just from LawTwitter catching on as Popehat responded), mediations from court ordered alternative dispute resolutions (ADR) are very common in civil cases. This may just be regular procedural things, to be seen as fair-handed as possible and to give plaintiff and counsel all they can (rope) to do what they can to mitigate the fines and sanctions headed to Vic's way.


edit:
Greg's take
 

ExKage

Member
Sep 9, 2019
377
Someone else pointed out.


In mediation, the defendants' can also get Vic and counsel on non-disparagement agreement, something the courts can't grant them even if he rules to dismiss.

Some good reads/discussion by other lawyers can also be found in Mike Dunford's thread.
 

deimosmasque

Ugly, Queer, Gender-Fluid, Drive-In Mutant, yes?
Moderator
Apr 22, 2018
14,183
Tampa, Fl
Makes sense, just a bit frustrating to see how many opportunities he is giving Vic and I can already imagine the spin on this from Rekieta. Better to make sure everything is solid than to rush it I suppose.

That's how hearings and trials work, especially when when one side is losing very badly. It's so that the appeal has no possibility of being heard.

The more chances the judge gives the Plantiff, the less ammo he has to say, "the judge screwed us" to the Appeals Court.
 

KujoJosuke

Member
Oct 25, 2017
7,745
I love the guy in that reporter's replies who is like "Jamie's accusations are past the statute of limitations" like he literally does not know what this lawsuit is about
 

deepFlaw

Knights of Favonius World Tour '21
Member
Oct 25, 2017
23,495
Yeah, looking at replies- seems like this may be a more normal thing than it sounds, and an attempt to avoid everyone having trouble from his supporters.

But it certainly does feel very "both sides" and I am a little wary of reading it one way or another as a result. Given that my first response was "they absolutely are about to take this as validation of the people they harass also apparently being bad", I don't want to dismiss my concerns about what it implies.

But... we've seen those charges get dismissed ahead of schedule, and we've seen how Beard's interactions with the judge went, so I'm not exactly concerned about him suddenly being partial to them or anything like that. It doesn't seem likely that mediation will end up producing anything meaningful (for better or worse) either, since the defendants' deserve their legal fees and shouldn't settle for less, and I similarly don't expect Beard+Vic to be smart enough to accept that they've lost to begin with. Someone in the replies pointed out that this could also let the defendants set up some non-disparagement stuff to lessen the harassment, but I dunno how much that'd help when it's mainly Nick + his followers who are doing it.
 

lunarworks

Member
Oct 25, 2017
22,129
Toronto
But it certainly does feel very "both sides" and I am a little wary of reading it one way or another as a result. Given that my first response was "they absolutely are about to take this as validation of the people they harass also apparently being bad", I don't want to dismiss my concerns about what it implies.
The judge's statement about both sides having to keep their supporters under control was likely him trying to maintain an image of impartiality. If he directed the statement primarily at Vic's supporters, Beard would try to use that for an appeal, and Screech would go on his YouTube channel and whip them into an even bigger frenzy about the judge being biased.
 

Dineren

The Fallen
Oct 25, 2017
3,482
It just bugs me because Ty hasn't been remotely operating in good faith up to this point. Leaking info to Nick and his livestream, the late filings, fraudulent notarization, trying to slip evidence in without the defense seeing it, encouraging harassment, etc. So forcing them to attempt mediation even if it is just for show feels really wrong.

I get why he would do it, but I really don't like it.
 

ExKage

Member
Sep 9, 2019
377
It's another way for the court to try and help mitigate costs. Even though the likelihood of successful mediation is low, they then won't be able to appeal.
 

Protome

Member
Oct 27, 2017
15,678
Greg is pointing out on twitter that this is most likely a last chance for Vic from the judge due to the fact Marchi is included in the mediation, despite having her case dismissed already.

 

mael

Avenger
Nov 3, 2017
16,764
OMG they're stupid enough to think that the mediation means they get to dictate their terms like they won or something!
 

Famassu

Member
Oct 27, 2017
9,186
So is this mediation the mega huge über bomb that BlackFaceMoron implied? Sounds like this is the kind of thing that, at least in their idiotic eyes, is something that will make the transcript go away or whatever & can be a good thing for them.
 

Protome

Member
Oct 27, 2017
15,678
Alright alright. My prediction that Beard would think he had the negotiation power in mediation was too predictable.

New question: is he stupid enough to go on Nick's stream and talk about what they hope to get out of mediation before it happens?
 

Protome

Member
Oct 27, 2017
15,678
The answer is always yes. ALWAYS!
Yes but by asking the questions we will it into being!

True

He thinks this is the 2nd Quarter? This is 4th quarter 10 seconds left, 4th and 40. The score is 119 to 0.
Tbf, he's actually right on that.
1st Quarter: TCPA
2nd Quarter: attempt at mediation followed by ruling
Half Time Show: Beard tries to challenge the constitutionality of the TCPA
3rd Quarter: Sanctions hearings FOR DAYS
4th Quarter: Appeals
 

mael

Avenger
Nov 3, 2017
16,764
Why am I surprised that they can be THAT stupid?
The friday disaster should have taught me at least that!
I'm actually even more surprised that I can be surprised by their stupidity.
 

Katten

Member
Oct 27, 2017
2,499
He thinks this is the 2nd Quarter? This is 4th quarter 10 seconds left, 4th and 40. The score is 119 to 0.

The thing about this fella, is I don't believe for a second he thought about that any longer than "how would a smart lawyer/mensa-type like me continue my awesome football analogy?"

I mean the death threats were just brought up. And these guys are out thinking they have a victory lap to run, to bring in more money. I don't think they understand the link between them riling people up and the death threats whatsoever.

Bets on how soon Screech is back to screaming about this case, after suspiciously just streaming random games for the last week or so?
 

lunarworks

Member
Oct 25, 2017
22,129
Toronto
The absolute smartest thing Vic's team can do is negotiate terms to drop the case, and to save the last bit of face they have, come to an agreement not to release the terms of the settlement.

They're not smart, though.
 
Nov 1, 2017
8,061
They're absolutely going to fall on their face, they haven't had a clue so far and no way they don't take this as a good sign. So yeah, the judge will have to do the deed in the end.
 

Zero315

Member
Oct 25, 2017
7,190
Tbf, he's actually right on that.
1st Quarter: TCPA
2nd Quarter: attempt at mediation followed by ruling
Half Time Show: Beard tries to challenge the constitutionality of the TCPA
3rd Quarter: Sanctions hearings FOR DAYS
4th Quarter: Appeals
If this were a case that had a snowballs chance in hell then sure. For this case though? Mediation is the 2 minute warning and the score is P 0 - 84 D
 

Protome

Member
Oct 27, 2017
15,678
If this were a case that had a snowballs chance in hell then sure. For this case though? Mediation is the 2 minute warning and the score is P 0 - 84 D
I think you misunderstand me? Those last two quarters I listed happen when Vic loses the TCPA. (Well, he might wise up when he realises how much money he is going to lose and not appeal.)

The only outcome that skips them is if they come to an agreement in mediation.
 

Zero315

Member
Oct 25, 2017
7,190
I think you misunderstand me? Those last two quarters I listed happen when Vic loses the TCPA. (Well, he might wise up when he realises how much money he is going to lose and not appeal.)

The only outcome that skips them is if they come to an agreement in mediation.
Ah, you're right, I misread it.


...wait a minute.

Chupp called on both sets of attorneys to refrain from inciting their supporters.

You can't write this shit lmao.
 

jaekeem

Member
Oct 27, 2017
3,743
I can't even laugh anymore

I feel like they know they lost. They're just playing up the GFM one last time and are planning to leave Vic holding all the fallout and attorney's fees.

Vic is an abuser, but I can't deny that there's something wrong about even a piece of crap getting grifted by his attorney like this. Beard is a disgrace
 

zulux21

Member
Oct 25, 2017
20,354
Eeeeeeeyup. Grifters gonna grift.


add this to it as well and it gets even dumber
5I97C6F.png
 

Erik Zarkov

Member
Dec 4, 2017
273
From what I've seen, the belief is nothing has been dismissed yet until the official ruling. The judge could always change his mind and reverse it! And he is signalling that he is going to via this mediation. It's a chance for the defendants to beg for Vic to go easy on them before the TCPA gets dismissed!

I feel sorry for the lawyers for the defense. They're going to email Percy thinking he'll understand it's time to negotiate a surrender, and instead Percy will be asking for their surrender instead because he's a clueless clown.
 

deimosmasque

Ugly, Queer, Gender-Fluid, Drive-In Mutant, yes?
Moderator
Apr 22, 2018
14,183
Tampa, Fl
You know, I'm starting to think the conVics think the death threats worked on the judge and that's why mediation was called in.