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https://twitter.com/ottovonbisbark/status/1169998709851119617 re: transcripts: https://twitter.com/greg_doucette/status/1170000140389801984 Wiggly Wayne DDS fucked around with this message at 16:49 on Sep 6, 2019 |
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Sep 6, 2019 16:40
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I had heard Vic had terrible lawyers but hadn't seen the signature thing (not to mention the rest of the filing). lmao
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Sep 6, 2019 16:48
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https://twitter.com/ottovonbisbark/status/1169999858557734912?s=20 "All according to plan"
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Sep 6, 2019 16:48
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all according to plan https://twitter.com/ottovonbisbark/status/1170000274485915650 https://twitter.com/ottovonbisbark/status/1170000351031910400 https://twitter.com/ottovonbisbark/status/1170000817551749121
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Sep 6, 2019 16:49
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https://twitter.com/dabizomb/status/1170001144199860224
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Sep 6, 2019 16:50
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 Edit: 
Piell fucked around with this message at 17:00 on Sep 6, 2019 |
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Sep 6, 2019 16:56
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https://twitter.com/ottovonbisbark/status/1170001853389692933?s=20
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Sep 6, 2019 16:56
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https://twitter.com/ottovonbisbark/status/1170003412295081985 https://twitter.com/ottovonbisbark/status/1170003687340683264
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Sep 6, 2019 17:00
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Ahahahahaha AMAZING
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Sep 6, 2019 17:01
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https://twitter.com/bentwhee/status/1170004346106499072
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Sep 6, 2019 17:04
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Ty's tried nothing and he's all out if ideas.
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Sep 6, 2019 17:04
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I like how the judge is like "why the gently caress am I hearing any of this?"
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Sep 6, 2019 17:04
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Sounds like Ty is getting raked over the coals. You'd think the best defamation lawyer in Texas would be doing a better job.
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Sep 6, 2019 17:08
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https://twitter.com/ottovonbisbark/status/1170007513875587072
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Sep 6, 2019 17:16
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https://twitter.com/ottovonbisbark/status/1170007799373422592?s=19
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Sep 6, 2019 17:17
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"The Farm" is having a meltdown
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Sep 6, 2019 17:19
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Whoa! Ruling from the bench!
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Sep 6, 2019 17:19
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https://twitter.com/ottovonbisbark/status/1170009407884804096?s=19
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Sep 6, 2019 17:27
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https://twitter.com/ANN_Lynzee/status/1170006842077921281
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Sep 6, 2019 17:30
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https://twitter.com/ottovonbisbark/status/1170011499785572352 expected result, but bad for Vic. (LPPF is Limited Purpose Public Figure) Piell fucked around with this message at 17:34 on Sep 6, 2019 |
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Sep 6, 2019 17:31
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the actual transcript is going to be an amazing read, i've got the tweets in a more legible form just awaiting a large break or that to dump them
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Sep 6, 2019 17:31
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Piell posted:https://twitter.com/ottovonbisbark/status/1170011499785572352 Yeah, that's it for him. This is an incredible beatdown.
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Sep 6, 2019 17:35
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It seems Vic supporters are now running with the idea that, actually, they all knew Marchi was the one they had the weakest case against and was likely to get away, but the others stand no chance. After all the buildup this is very satisfying. I hope it continues to go good for the defense and very, very bad for Vic. Oh, sure, it’s almost guaranteed Vic will lose, but I want it to go really bad, to deter pieces of poo poo like him from thinking they can get away with stuff like this. Oh, sorry, that’s libel, by “pieces of poo poo” I did not mean to say Vic was literally some kind of animate construct of fecal matter. ‘Twould be an insult to fecal constructs everywhere. Zinkraptor fucked around with this message at 17:42 on Sep 6, 2019 |
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Sep 6, 2019 17:36
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I'm not following this too closely, but did Vic hire Lionel Hutz?
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Sep 6, 2019 17:38
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Rhonne posted:I'm not following this too closely, but did Vic hire Lionel Hutz? Lionel Hutz would have done a better job Also had a better voice actor too.
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Sep 6, 2019 17:39
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Rhonne posted:I'm not following this too closely, but did Vic hire Lionel Hutz? This is being too kind to Percy.
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Sep 6, 2019 17:40
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ImpAtom posted:Lionel Hutz would have done a better job
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Sep 6, 2019 17:40
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Rhonne posted:I'm not following this too closely, but did Vic hire Lionel Hutz? Beard (Vic's lawyer) has literally never worked on a defamation case before this. He's on this case because he's a personal friend of Nick Rekieta, who made Vic's GoFundMe Piell fucked around with this message at 17:45 on Sep 6, 2019 |
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Sep 6, 2019 17:42
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@ottovonbisbark was the lucky person to be in the court with a bar card so that's where all the live tweets are from. unfortunately the threading didn't happen (they're all replies to the first tweet) so here's a slightly cleaned up version until the actual transcript appears (a few irrelevant tweets weren't included, emojis dropped) 10:00am: Judge is here. 10:02am: Debating which MTD to hear first 10:03am: No objections to the press presence 10:04am: Nick walked in! 10:06am: Volney arguing motion to strike 2nd amended pet. Relying on Rule 11. 10:07am: He’s arguing that they messed up the response to the MTD so they dropped the 2nd amended pet. Volney has a bench brief on rule 59 10:08am: Can’t back door in the improper affidavits with petitions he said 10:09am: Judge: is this a response to the MTD? P: no. Judge: then I’m not going to consider 10:10am: Ty is showing Lee something. I can’t hear Lee well 10:10am: Judge: I gave you extra time on the response, didn’t I 10:10am: Ty is speaking. Can’t hear him. Stupid mic 10:11am: Judge: if you wanted me to consider the petition, you needed to file August 30th. And you didn’t 10:12am: Judge: now you’re trying to get around the deadline 10:13am: Judge: instead of supplementing your response, you filed an amended petition 10:14am: Judge: you are trying to get around the August 30th deadline. And they want to strike the petition. Is that right 10:14am: Volney: that’s the point of rule 59. You can’t introduce evidence by slapping it on a petition 10:15am: Volney: levels and levels of problems with letting P add the petition at this point 10:17am: Hsu (not Lee, sorry): court has to consider all pleadings for tcpa. There’s no surprise here! Same affidavits. 10:18am: Volney brought up the fraudulently notarized affidavits. Also points out petition had material that wasn’t attached to response so there is surprise 10:20am: Judge: let’s hear motions. I will deal with this later 10:20am: Sam Johnson going first. 10:21am: SJ: why are we here? He’s got a nice presentation prepared. 10:23am: SJ: tcpa two step explanation. Arguing it’s about her right of free speech re health and safety. Showing her tweet re standing with victims. 10:23am: Judge: are these the only tweets they are suing about? SJ: hard to tell your honor 10:25am: SJ: public figure discussion now. Citing Ps depo re his fame. He’s got a really good presentation. 10:26am: SJ now arguing LP public figure 10:29am: SJ: burden now on P to provide evidence. First on causation and damages. Shows that P’s depo shows how he has no evidence of causation or damages. 10:29am: SJ: going over clear and specific standard. 10:31am: SJ: defamation elements now. P attached no statements from Jamie to his response. No evidence of statement. That’s false. NOW showing video loop of him pulling her hair! Greatness 10:32am: SJ: TI claim. No contracts, no relationships, etc. identified. 10:36am: Ty arguing response. Ty: are we including second pet? Judge: I don’t think so. Judge: what statement are we talking about re ms marchi 10:37am: I can’t understand Ty’s muttering 10:39am: Judge: it’s not fair for you to replead to get around the motion to dismiss 10:39am: Lemione rises. 10:40am: Judge: what was the issue with the notary (to TY). I can’t hear TY! 10:42am: Brief discussion of affidavits. Judge: I’ll probably consider the affidavits anyway, but right now I want to know what tweet of Ms Marchi we’re talking about 10:43am: Ty is really hard for me to hear. Sounds like relying on the “I know he’s a predator “ tweet 10:44am: Now he’s rambling about clear evidence of conspiracy because hair pulling not sexual assault. I think. Huh? 10:45am: I don’t think TY is answering judges questions well. He’s rambling. 10:46am: Judge: does she use his name ever? Where is the context that I can see? 10:46am: Judge: she’s talking about somebody and you can’t even show me the context 10:48am: Ty now mentioning technical problems. Defense team grinning 10:49am: Judge: I think they are claiming surprise. What’s different with second petition? 10:50am: Judge: amended pleadings can’t defeat Summary judgment. 10:52am: Judge seems just a little bit annoyed. I don’t think he’s buying Ty. Judge: point me to the Marchi evidence in your response or first amended pet. 10:52am: Judge: where’s your evidence of plan for conspiracy? Ty: fumbling 10:52am: Judge: just tell me where the evidence of plan is. 10:53am: Dear GOD TY mumbles. I wish my hearing were better. 10:56am: This conspiracy stuff is bananas. Look on judge’s face. Apparently, the evidence of the plan is Monica and Jamie tweeting about the same person. Rational inference they had a plan. 10:58am: Judge: if I like a cat picture on Facebook, I’m not in a conspiracy. You are reading too much into liking a post. 10:59am: TY wants a recess! 11:06am: We’re back 11:06am: Ty: it’s in marchi’s motion. What?? 11:08am: Judge raking ty over the coals on his conspiracy def. 11:10am: Judge: what cause of action does conspiracy relate to? Ty: defamation. Now he’s arguing about Toye’s texts. Judge: that’s not Marchi 11:10am: Judge: where does Marchi’s plan exist? 11:11am: This conspiracy discussion is not going well for Ty. Judge said he’s reaching. 11:11am: Judge: show me the proof of conspiracy. Ty: babbles. 11:13am: Ty babbling about rational inference. Judge: I don’t think it’s rational at all. 11:13am: Judge just dismissed claim against Marchi for TI. 11:14am: Pretty sure he dismissed conspiracy 11:15am: Marchi is dismissed on everything!!! 11:15am: Now on to Rial 11:16am: Lemione time: he’s got a pic of a dumpster fire up. Unfortunately, I can’t hear him  11:17am: Lemione: tcpa designed to protect citizens speaking out. Now has pic of Vic kissing someone up with label “libel proof” 11:17am: Lemione: now going over all of Vic’s history. Brutal. 11:18am: Ty: interrupts to mumble an objection. This is all hearsay! 11:18am: Ty also thinks this is irrelevant. And speculative. Etc. He’s animated. 11:22am: next arg: CDA defeats retweet claims. Judge seems to be accepting this re public figures. Ty: this defense was raised tooo late. Judge: did you address it in your response? We’re arguing about the law right now. 11:25am: On to defamation. Lemione argues the lack of context for the tweets is fatal in libel cases. To meet clear and spec burden, they need to produce the context. They haven’t. And L thinks it’s because the context was bad for Vic. 11:29am: Judge to Lemoine: hard to prove stuff false, right? That’s what’s bad about saying stuff like that. Lemione: my folks have never said he was a pedophile . 11:30am: Judge: I really just want you to go through elements and arguments. Lemione: on to actual malice. Judge: I agree he’s an LPPF. 11:31am: Lemione: Toye’s depo negates malice. Pages and pages of testimony showing his research and what he believed. 11:33am: Had to look at a work email. Now we’re talking about Dahlin aff. And Vic not denying it either. “I don’t recall” is not clear and specific denial. 11:36am: Lemione: makes same malice arg re Monica and her depo showing no malice. 11:37am: Relying on Kahn , TI must fail says Lemione. Ty’s turn. 11:44am: We’re on a break while judge hears another matter at the bench. Nick is wearing a very bad suit with sneakers. INTERLUDE 
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Sep 6, 2019 17:45
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Rhonne posted:I'm not following this too closely, but did Vic hire Lionel Hutz? He's an estates lawyer. Percy added defamation law to his area of expertise on his website when LawTwitter asked him if he had ever litigated a defamaton case before. He then removed it from his site once LawTwitter informed him that claiming he was a defamation expert would increase the sanctions payout (and help Vic in a malpractice suit) when he loses the case.
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Sep 6, 2019 17:52
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Judge: did he have a contract? Ty: some of them. Judge: which? Ty: I don’t know.
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Sep 6, 2019 18:01
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Beaten.Wiggly Wayne DDS posted:Judge: did he have a contract? Ty: some of them. Judge: which? Ty: I don’t know. The one thing he'd have to know to prove TI... Edit: Monica now clear of all TI claims. mallratcal fucked around with this message at 18:06 on Sep 6, 2019 |
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Sep 6, 2019 18:03
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Welp https://twitter.com/ottovonbisbark/status/1170020254145228800?s=20
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Sep 6, 2019 18:07
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https://twitter.com/greg_doucette/status/1170020375306149888
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Sep 6, 2019 18:09
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https://twitter.com/ottovonbisbark/status/1170021401400696832?ref_src=twsrc%5Etfw
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Sep 6, 2019 18:11
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Pretty sure this is one of those things that you don't want the judge saying to you.
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Sep 6, 2019 18:11
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this entire hearing has been "things that you don't want the judge saying to you" https://twitter.com/ottovonbisbark/status/1170022491521204224
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Sep 6, 2019 18:14
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This whole mess is incredible.
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Sep 6, 2019 18:15
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Toye clear on TI. Judge kind of a savage.
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Sep 6, 2019 18:16
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So, assuming everything is dismissed like it sounds like, what's the next step for the defendants and their lawyers to file an anti-SLAPP suit? Would that come up today or would it be a separate filing?
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Sep 6, 2019 18:21
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