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It would be nice if this tanked Rekieta's rep and sent him scurrying back to his hole.
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Sep 6, 2019 18:22
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mallratcal posted:Toye clear on TI. From what a bunch of lawyers in the threads are saying, this kind of Judge savagery is actually pretty common once they're convinced they're dealing with an unmitigated dumpster fire.
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Sep 6, 2019 18:24
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Dawgstar posted:It would be nice if this tanked Rekieta's rep and sent him scurrying back to his hole. I think companies are reluctant to hire people who sued their previous employer.
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Sep 6, 2019 18:24
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Skwirl posted: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? at least that's my understanding of the situation, it may have evolved somewhat from the original scope
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Sep 6, 2019 18:24
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Lol Ty is so loving bad at this "Ty rambling about Funi’s investigations. Judge: the statements are true? Ty: right but implication is clear because of context." Just gonna go ahead and say the statements I am suing for defamation are true, surely this is how lawyering goes
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Sep 6, 2019 18:25
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Flytrap posted:From what a bunch of lawyers in the threads are saying, this kind of Judge savagery is actually pretty common once they're convinced they're dealing with an unmitigated dumpster fire. I've heard one key to any court case is never waste the judge's time. Like, ever. Even slightly.
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Sep 6, 2019 18:26
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Skwirl posted: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? It's already part of the filing. If everything gets dismissed today the judge would set a hearing for sanctions.
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Sep 6, 2019 18:26
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Skwirl posted: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? To be clear, claims being dismissed outright *during the hearing* is extremely rare-after the hearing the Judge has up to a month to decide on which claims to dismiss or not. Afterwards there would need to be another hearing to decide how much the sanctions (read $$$) against the plaintiff should be to deter future SLAPPs. If by some miracle any of the claims don't get dismissed, then the defense will move to summary judgement to get the claims dismissed (and they would win on this front due to lack of evidence, etc). Also plaintiff is still on the hook for cases already dismissed since they were jointly filed *cough* Jamie *cough*
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Sep 6, 2019 18:27
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Flytrap posted:From what a bunch of lawyers in the threads are saying, this kind of Judge savagery is actually pretty common once they're convinced they're dealing with an unmitigated dumpster fire. As a weirdo who enjoys reading dumb court transcripts, I can tell you it happens all the time.
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Sep 6, 2019 18:27
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https://twitter.com/ottovonbisbark/status/1170025512183447554
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Sep 6, 2019 18:29
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https://twitter.com/ottovonbisbark/status/1170025918527627264 e: what https://twitter.com/ottovonbisbark/status/1170026337828052992
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Sep 6, 2019 18:30
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https://twitter.com/ottovonbisbark/status/1170028220982468608?ref_src=twsrc%5Etfw He is going with the Lionel Hutz gambit!
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Sep 6, 2019 18:39
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They realize this is a court room and not Youtube right?
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Sep 6, 2019 18:40
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12:38pm: Now to vicarious liability. Volney just jumped up and told judge ty misrepresented proof of agency. Ty: well that’s in the late filed evidence. Judge: filed in July. 12:39pm: Judge: Vic’s an Indy contractor, right? Ty: well that’s a long inquiry...
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Sep 6, 2019 18:41
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https://twitter.com/ottovonbisbark/status/1170021401400696832?s=20
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Sep 6, 2019 18:42
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https://twitter.com/LawoftheGame/status/1170032110763220998 Only thing that survives are the defamation claims, which he will rule on within 30 days.
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Sep 6, 2019 18:55
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yup here's the total tweets from @ottovonbisbark, can't wait for that transcript and the other notes to drop 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 11:52am: Back. Letting Ty argue rial and Toye. Bold choice, Cotton. Let’s see how that works out for them. 11:53am: Can’t hear Ty. He mumbles. He’s got a visual up re what prima facie means. He’s now talking about Monica’s “def of harassment tweet.” 11:56am: He’s getting animated. Glasses off. Still can’t hear well. Judge isn’t looking at him. 11:57am: Judge: do you have a breach of contract claim against Funi? Ty: mumbles 11:58am: Judge: how were you damaged by TI w existing contract? Ty: all these conventions canceled! J: that’s not an existing contract. Judge grilling on which contracts. 12:00pm: Judge doesn’t look like buying all of the inferences that Ty wants. Basically, ty is saying “we can infer they interested with one and they did it with others.” I can’t follow this. And I don’t think it’s my hearing. 12:00pm: Judge: did he have a contract? Ty: some of them. Judge: which? Ty: I don’t know. 12:02pm: Sorry, y’all. Hopefully, the people taking notes can make sense of Ty. He’s from point to point like a bunny chasing inferences. 12:04pm: Judge: do you have affidavits from conventions? T: no judge. Discovery stay! Judge: how’d you get affidavits from others? You got a bunch. Didn’t they? Volney: yes. 12:05pm: Monica is out on all the interference claims. He hasn’t dismissed Def or conspiracy yet. He’ll deal with those later. 12:08pm: Now to Toye. 12:09pm: Judge: how do we know the other people posting on the Internet didn’t cause the damage here? 12:10pm: Judge: I think your problem is you don’t have any evidence, not the standard. 12:15pm: Judge: show me evidence he contacted other conventions. Ty: back to rational inferences that if he did it once he did it again 12:16pm: Toye out on TI. Hasn’t ruled on def. 12:17pm: Funi time. Volney up. Judge: only two tweets? V: right. V: has nice presentation ready. 12:17pm: First tweet. Vic agrees the tweet re not engaging him is try. 12:18pm: Now the don’t condone harassment tweet: he can’t show this statement is about him. 12:19pm: There’s nothing defamatory about that tweet. Refers to Funi affs. 12:20pm: No evidence of malice. No depo. No written discovery. Nothing. Refers to Barretto aff about what they meant. Heated back and forth on twitter. 12:21pm: Judge wants Ty to talk now. What statement are you suing on 12:24pm: Ty rambling about Funi’s investigations. Judge: the statements are true? Ty: right but implication is clear because of context. 12:25pm: Judge is looking through O’Conner’s. Can’t tell what book. 12:26pm: Hsu whispering to Ty. Ty: context! This is about context! 12:28pm: Ty can speak up when he wants to. Now he’s talking about Rial. Heavens. 12:29pm: Ty: Funi has been vague about investigation! Because it would show rial is a liar! And that goes to conspiracy because why did they care! 12:33pm: Now he’s trying to say if V denied the investigation that’s enough under Kahn? I must not have heard that correctly. But who knows anymore! It’s defamation per se, judge! We don’t have to have damaged. Wut. 12:37pm: Ty’s evidence of conspiracy is that Funi is “curiously protective” of Rial. Now he’s off on defamation, judges: we’re on conspiracy. Ty: goes on about emails btw rial and Funi. Judge: but that’s after they fired him. Ty: we have circumstantial evidence of earlier 12:38pm: Now to vicarious liability. Volney just jumped up and told judge ty misrepresented proof of agency. Ty: well that’s in the late filed evidence. Judge: filed in July. 12:39pm: Judge: Vic’s an Indy contractor, right? Ty: well that’s a long inquiry... 12:40pm: I have a feeling Volney is going to make mincemeat out of this when he gets back up. 12:43pm: Volney points out evidence in record of IC status. Referring judge to V’s depo where V says he’s an IC. Going over the elements discussed re not a W2. There’s no argument here the VAs was an employee. 12:48pm: Doesn’t look like vicarious liability is going to pin liability on Funi for anything Monica did. 12:54pm: Done. Funi out on conspiracy and TI. He will consider the def claims against Funi, Toye and Rial and rule within 30 days. Good times. Wiggly Wayne DDS fucked around with this message at 18:58 on Sep 6, 2019 |
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Sep 6, 2019 18:56
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https://twitter.com/Terez27/status/1170032957731590144
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Sep 6, 2019 18:56
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So many bench rulings and the judge agreeing Vic is a public figure is devastating. Wonder how Nick will spin this?
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Sep 6, 2019 18:57
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https://twitter.com/Terez27/status/1170032957731590144 Awaiting the rest of the reactions.
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Sep 6, 2019 18:58
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mallratcal posted:So many bench rulings and the judge agreeing Vic is a public figure is devastating. The farms and assorted other gater places are fluctuating between (paraphrasing) Chupp was clearly already biased, all of this will be overturned on appeal Ty is bad, Vic will get another trial to do this with a better lawyer Maybe 80+ lawyers were right and Nick and Ty have been lying to us This is outrageous, this means innocent men can be accused and found guilty when they clearly didn't do anything wrong. They shook
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Sep 6, 2019 19:00
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https://twitter.com/LawoftheGame/status/1170034527311413249
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Sep 6, 2019 19:04
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Maera Sior posted:https://twitter.com/Terez27/status/1170032957731590144 PST posted:The farms and assorted other gater places are fluctuating between (paraphrasing) Today is a good day. 
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Sep 6, 2019 19:04
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https://twitter.com/agramuglia/status/1170030207014752257?s=21 weep it up creepy mask dude
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Sep 6, 2019 19:05
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https://twitter.com/Terez27/status/1170037035702345728
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Sep 6, 2019 19:11
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Dawgstar posted:It would be nice if this tanked Rekieta's rep and sent him scurrying back to his hole. Did Rekieta have any non-chud rep?
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Sep 6, 2019 19:12
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Lmao https://twitter.com/YellowFlashGuy/status/1170031558478258181?s=20 Check out the smoothbrains in the replies. These people are amazing.
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Sep 6, 2019 19:19
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fritz posted:Did Rekieta have any non-chud rep? Sure, but as we've seen they love to eat their own and that would be the icing on the cake.
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Sep 6, 2019 19:20
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Hitlersaurus Christ posted:Lmao Oh, it's better than I could have imagined. "t was all to clear why they couldn’t be bother to practice their hearing have a secret weapon they know and paid off this judge it’s all to clear boys and girls and I hoped it wasn’t this but it is Ron Paid that judge" "I don't even know anymore, it feels like due process is dead." "#WHERESTHEPROOF"
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Sep 6, 2019 19:27
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https://twitter.com/greg_doucette/status/1170034330741170178 Plus whatever else get ruled as SLAPP within 30 days, if I understand this correctly.
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Sep 6, 2019 19:33
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Am I reading this correctly? Vic’s lawyer tried to submit a Facebook ‘like’ of a post as evidence — in fact failed to submit anything of substance — and the Farmers and Vic fans thought this was enough to hang their hats on? And it looks like this was all done at the behest of a Youtube lawyer who used this case as a way to practice some fine old nepotism...wow.
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Sep 6, 2019 19:44
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lol at all the talk of an appeal in the replies. Can you imagine a higher court going over this sham of a case? Can you imagine Vic deciding to throw even more money into the garbage can?
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Sep 6, 2019 19:49
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Pigbuster posted:lol at all the talk of an appeal in the replies. Can you imagine a higher court going over this sham of a case? Can you imagine Vic deciding to throw even more money into the garbage can? The best part is, if he appeals, not only would he lose and have to pay the lawyers fees on those, but he'd have to pay for a whole new round of sanctions on each claim appealed 
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Sep 6, 2019 19:53
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hosed up that the court found that a massive sex creep is a massive sex creep
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Sep 6, 2019 19:53
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Namtab posted:hosed up that the court found that a massive sex creep is a massive sex creep It isn't fair the man who voiced tiny alchemist and loud goku didn't get to do whatever he wants.
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Sep 6, 2019 19:55
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From what I understood, doesn't Vic have like a kickstarter/patreon for his legal funds or something? Also, as promised: Wark Say posted:Yeah, you can post it. Like I'm pretty sure all I'm going to end up posting wrt that topic is "gently caress that rapist piece of poo poo, I hope he loses everything and rots in jail" ad nauseam.
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Sep 6, 2019 19:56
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lol get owned Vic
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Sep 6, 2019 19:59
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Wark Say posted:From what I understood, doesn't Vic have like a kickstarter/patreon for his legal funds or something? Nick started a GoFundMe page for 'legal fees' but how much of that Vic gets is unknown. He only seemed barely aware of it. Edit: https://twitter.com/greg_doucette/status/1170049315450097664
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Sep 6, 2019 20:01
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Dawgstar posted:Nick started a GoFundMe page for 'legal fees' but how much of that Vic gets is unknown. He only seemed barely aware of it. Vic stans gonna be holding all their hope on those blank spaces hard the next 30 days, huh
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Sep 6, 2019 20:06
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Dawgstar posted:Nick started a GoFundMe page for 'legal fees' but how much of that Vic gets is unknown. He only seemed barely aware of it. it's another legal minefield that will likely be stepped on in the future
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Sep 6, 2019 20:08
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