Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1 REPORTER'S RECORD
2 VOLUME 1 OF 1 VOLUME
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13 HEARING
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1 A P P E A R A N C E S
8 -and-
9 Mr. Ty Beard
State Bar No. 00796181
10 Mr. Jim Bullock
State Bar No. 00795271
11 Ms. Carey-Elisa Christie
State Bar No. 24103218
12 BEARD HARRIS BULLOCK HUGHES
100 Independent Place
13 Suite 101
Tyler, Texas 75703
14 Telephone: (903) 509-4900
Facsimile: (903) 5094908
15 ty@beardandharris.com
carey@beardandharris.com
16 jim@beardandharris.com
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1 APPEARANCES (Continued)
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1 CHRONOLOGICAL INDEX
2 VOLUME 1 of 1 VOLUME
4 Caption ................................... 1 1
6 Proceedings ............................... 5 1
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1 P R O C E E D I N G S
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10 to do first?
17 paralyzation as well.
22 argument seated?
4 first, then.
11 Your Honor.
16 pictures.
4 quickly.
9 responses.
16 over here.
23 amended petition?
3 petition?
6 difference?
20 or four arguments.
2 week.
7 that rule.
8 If I may approach.
24 Court's record.
17 hearing.
2 Mr. Lemoine --
12 that fact.
17 the 30th?
1 and the appeals court cases over and over say amend
19 in your response.
1 didn't --
17 guess?
23 guess --
4 in your response.
17 those.
23 amended petition --
18 affidavits considered.
23 devastating.
25 declarations.
11 point.
19 Government Code.
1 Court?
18 unsworn declarations.
2 though?
15 there.
20 unsworn declarations.
8 down --
4 up over there.
9 argument.
25 affidavit to it.
11 Your Honor.
19 to each defendant.
2 Japan.
15 guaranteed to her.
3 or to a public figure.
15 and that that was her intention when she was writing
16 that statement.
3 at all.
9 in the community.
15 free speech.
9 the radio.
7 plaintiff.
13 interest.
21 done to them.
24 don't know how much time the other parties are going
1 established.
6 claims.
11 evidence.
3 Honor.
5 speculation?
23 elements of defamation.
1 to their response.
23 that.
14 it happened.
19 that?
7 there?
24 then, if I could.
2 defamation.
4 first.
15 may.
21 don't see it, you simply don't want to. It's true.
4 is a private --
11 two.
19 deficient.
1 couple of reasons.
10 notary?
14 just a -- and so --
21 and then you have them on Skype, and you watch them
23 any of that.
3 to explain it.
22 any way.
2 that you have against Ms. Marchi and the tweets that
6 affidavits wrong.
9 so far.
17 petition.
24 one.
4 Mignogna.
19 he said.
22 assaulted her.
12 moment.
20 those tweets?
18 context.
3 stand.
7 hear you.
21 okay.
13 email.
17 and --
19 about it.
19 about this --
24 one.
3 ask them. I --
6 at all.
15 problem.
10 analogize, I guess.
17 We got it in as quick as we --
10 you.
12 dismissed.
18 file somewhere?
7 in a conspiracy?
12 sense.
12 four, yeah.
19 lot of money.
23 actions.
18 conspiracy.
24 no -- there's no --
20 And those --
1 I understand that.
10 stipulating that.
18 (Recess taken)
2 electronic file.
6 say?
7 Go ahead.
10 blah.
8 I apologize.
10 conspiracy?
12 apologize.
23 all in a conspiracy?
25 it --
5 hypothetical?
14 that --
7 then --
19 and --
2 mean, if you're --
12 has a plan. And whether her plan stems more than just
17 get him fired, but that does not mean she is working
21 defamation per se --
19 other defendants may have issues, and they may not get
25 that --
1 Okay.
8 can tell.
10 dismissed.
15 dismissed.
18 against her?
1 Funimation.
3 really.
15 weren't they?
24 dismissed as well?
1 ago.
16 to convince me.
4 case is.
4 this hearing.
13 continuation of that.
1 in and of itself.
21 Ms. Rial.
6 that's --
12 it first.
21 user --
7 case, which was the Texas Supreme Court case that came
25 objections.
14 the defamation.
19 and her have one, but I don't think he has one with
20 Marchi.
12 predator.
17 example.
3 happening.
9 libel.
11 the tweet and put the entire context in, and the Court
19 cover?
3 out.
17 previous hearing.
22 authenticated.
5 to libel.
16 there's only one tweet that I think the Court can even
18 that's it.
25 elements.
5 stuff false.
8 false.
10 the Court says is, and it's not on this page, but --
14 MR. LEMOINE: So --
16 to me.
18 he's a pedophile?
4 him a pedophile.
6 did.
11 pedophile.
14 Mr. Huber's --
20 the --
23 another turn.
2 down a bit.
9 or not.
14 figure.
2 that, you put all that evidence in, and we put this in
6 read articles.
16 information.
22 because for her -- not only does she say she was
4 actual malice.
11 malice standard.
25 out the argument and said, here's what she said you
12 plaintiff?
17 is not slander.
19 difference of opinion --
1 assaulted somehow?
15 something.
25 that argument.
10 personal interaction.
21 standard.
10 ended up going?
13 going to?
7 Hold on a second.
8 (Pause in proceedings)
11 Your Honor.
24 that.
16 not at a --
5 conspiracy.
12 her.
21 and Vic is named. She says the truth will come out
1 ours.
8 safety.
10 refused to do so.
5 actors canceled.
2 very, very, you know, I'm sorry you are going through
5 contractor.
13 against Funimation?
23 know, we --
25 damages?
5 for those?
11 that?
21 contract.
8 contract in place.
23 of action.
11 people?
8 Kameha Con.
22 number.
25 exact answer.
2 Honor.
4 to it.
11 them?
2 convention.
11 about 5,000.
17 Fest, 17.
2 the case of Kameha Con. But the fact is, they tried
7 him.
14 those conventions?
7 affidavits --
12 because of discovery.
16 aren't all --
23 response?
1 Honor.
4 did.
7 you --
11 deposition, did I?
13 up, if I may.
10 wrapped up in defamation.
18 does not.
24 expense.
5 I mean --
13 y'all -- you say one was Kameha Con, and he went ahead
16 them.
7 yours.
9 convention.
11 say?
16 amount of damages?
21 then we --
24 paid on these.
24 would, but --
15 interference?
18 doing it.
3 wasn't successful.
22 damaged.
19 TCPA motion.
15 have on Toye?
3 okay.
17 contract.
19 damage was.
23 from those guys saying they did it. And Khan even
3 existing contract.
8 environment.
10 steal money out of your pocket, and you catch me, all
20 contract.
3 inference --
5 them.
7 did.
15 others.
18 Okay. Funimation.
20 or?
22 defamation?
25 today.
3 stuff.
4 Go ahead.
15 and --
25 immediately.
3 that role.
7 anyone.
1 about him.
12 plaintiff.
14 Mr. Mignogna has not put any evidence before the Court
13 context.
15 quick.
9 that was what was being talked about out there at the
10 time.
22 can't either.
4 could be defamatory.
15 actually.
24 accurate.
2 with --
20 harassment.
17 know.
2 termination of employment.
11 true --
13 I heard you.
3 up there today.
16 forum like that, and then you refuse for seven months,
2 right.
15 incident.
2 difference.
3 statement.
22 inference.
10 didn't do it.
3 for me.
6 presumed.
10 per se.
21 conspiracy?
2 about.
14 entities.
20 think --
24 together.
4 right?
21 before she comes there, and they get together and plan
24 and told him these things, and they fired him. They
8 cancellations of his --
15 at this point.
19 in HR.
21 to get to.
2 fans.
12 afterwards.
15 planning afterwards?
17 termination.
19 before that.
8 circumstantial evidence --
21 know what --
1 inference, absolutely.
10 Fair enough.
2 correct answer.
7 to --
11 later. I apologize.
15 contractors?
1 then.
7 employee?
21 employee?
9 contract.
12 contracts.
16 liability.
4 between Funimation --
17 relationship.
25 Mr. Mignogna.
22 Yes, sir.
3 liability.
19 are truthful.
24 has not done that, and just the timing doesn't make
12 community.
21 implication.
1 Court's example.
9 school.
19 others.
25 on independent contractors.
2 either.
19 employer.
24 other.
15 to do?
15 of her job.
19 that.
7 not.
17 defamation by implication.
23 really needed.
12 infer that.
15 that the statements are true, but we've gone over that
1 Rial and the civil conspiracy for her. And I'll rule
3 conspiracy on him.
11 (End of proceedings)
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1 C E R T I F I C A T E
3 COUNTY OF TARRANT X
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19 /s/Christina Fett
Christina Fett, Texas CSR 4590
20 CSR Expires 12-31-19
Official Court Reporter, 141st District Court
21 Tom Vandergriff Civil Courts Building
100 N. Calhoun, 3rd Floor
22 Fort Worth, Texas 76196-0402
Telephone 817-884-1423
23 Facsimile 817-850-2944
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