Shane Holmberg / Shane Presley Holmberg - The Containment Cell for The Breaker of Chairs, Eater of Shoes, Groomer of His Child Bride

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AnCapFool said:
@AnOminous Your thoughts on the "Not actually a consensual kiss" theory? At best, it'd turn that accusation into dueling stories.
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Dueling stories is what is called a "triable issue of material fact."

That precludes a summary judgment or dismissal for failure to state a claim. It means there is actually an issue of fact which, if you believe one side, that side wins, and which requires actual testimony to judge.

This assumes they actually have a single person to testify regarding any of this bullshit, though.

If they don't, Vic wins without a jury trial on summary judgment because these idiots have all admitted saying this shit, and if they refuse to turn over any proof of their lies, they've admitted it is all completely baseless lies and there are no uncontested issues of material fact.

This is why it's ultimately self-defeating for them to engage in dilatory and evasive avoidance of discovery. It's up to them to prove their claims were true. They're undoubtedly defamatory, but truth is an affirmative defense and the ball is in their court.

If they can't volley it back, it's game, set, match.
 
AnOminous said:
It's because it's the jurisdictional threshold you fucking moron, how can every single fucking thing this moron says be so catastrophically stupid?
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I call it the Shane Parable. It's a lesson in how to avoid stupidity of this soy-based magnitude.
 
archive.li

Shane Holmberg on Twitter: "So if Vic at some point through some medi…

archived 24 May 2019 03:57:52 UTC
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AnOminous said:
Dueling stories is what is called a "triable issue of material fact."

That precludes a summary judgment or dismissal for failure to state a claim. It means there is actually an issue of fact which, if you believe one side, that side wins, and which requires actual testimony to judge.

This assumes they actually have a single person to testify regarding any of this bullshit, though.

If they don't, Vic wins without a jury trial on summary judgment because these idiots have all admitted saying this shit, and if they refuse to turn over any proof of their lies, they've admitted it is all completely baseless lies and there are no uncontested issues of material fact.

This is why it's ultimately self-defeating for them to engage in dilatory and evasive avoidance of discovery. It's up to them to prove their claims were true. They're undoubtedly defamatory, but truth is an affirmative defense and the ball is in their court.

If they can't volley it back, it's game, set, match.
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Question, Is there any way PULL can get/falls under Hearsay exemption in Texas? Or any of the stuff Casey used in his response?​
 
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N1bbaN3rd said:
I'm guessing it's a case of "Oh, it was consensual at the time, but I changed my mind years later."
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Even if the kiss was nonconsensual, it doesn't meet the Texas threshold for sexual assault - which means that allegations of Vic sexually assaulting her would be untrue.
 
This moron has been wrong about every single thing he has said since the start of the weeb wars. It's quite impressive.
 
Shane keeps saying that evidence will start to come out in 7-12 days. It's interesting that they won't act until after the hearing on the protective order on the 31st.

If it is granted, the narrative will be that their hands are tied.
If it is not granted, the evidence they supposedly already have and want to make public will be sourced from Vic's own deposition.
 
Nontransferable said:
Shane keeps saying that evidence will start to come out in 7-12 days. It's interesting that they won't act until after the hearing on the protective order on the 31st.

If it is granted, the narrative will be that their hands are tied.
If it is not granted, the evidence they supposedly already have and want to make public will be sourced from Vic's own deposition.
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The smartest route for these people is this:

1. Release all of your evidence now because if the confidentiality agreement sticks then you won't be able to and this will bypass it. If they try to claim that they want to release their evidence but can't because muh confidentiality, hammer them with the fact that they actively refused to release anything even when they could.

2. Shut up. You are being sued for defamation. The more you run your mouths, the more ammunition you give Ty. It is in your best interest to not say a word about Vic because you lack the knowledge to know when you're saying something that is going to come back to you. Hence, the soye texts.

Tldr: Nut up and shut up.


I'd also like to address one of Shane's gotchas. He says that KC only accepted Vic back because Ty got involved, not because of the fans. Of course. Vic was under contract. If KC dropped him, they would be in breach of that contract and Ty would be right in pursuing them for that breach. Of course they brought him back because of Ty. They were reminded of their contractual obligations.

Editski: Shane gets real bitter when Nick doesn't give him attention. Why would you verify a claim with the person making the claim and not someone else involved in the claim.

Shane: "This thing happened"

Nick: "I need to verify this. Shane, did it happen?"

Shane: "Yes."

Nick: "Then I guess it happened."

This is not how journalism works.
 
Urbanmech said:
Another Wild Allegation Appears!!!!! or is this an old one honestly hard to tell with how many stories Shane tells.

View attachment 770203
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If this is the consensual kiss from the investigation, and she came forward now and said it wasn't consensual, then her current testimony would be compared to what she said during the investigation, and it would be a question of whether she was lying then or now, and her credibility would be shot. What are the chances that it's Ian's girlfriend, she told her bf it was nonconsensual to save her relationship, but told Sony it was consensual because she didn't need to lie to them?
 
Nontransferable said:
If it is not granted, the evidence they supposedly already have and want to make public will be sourced from Vic's own deposition.
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Ty solves this by deposing them first. Want to further defame Vic with embarrassing details and cherry-picked statements? Hang the videotapes of MoRon's deposition over them. Vic, as far as we can tell, has no intention of releasing discovery materials that aren't put into evidence. He has control over the deposition releases, not them.
 
some_crazy said:
I imagine there will be several such.

Unless it was intentional misinformation I don't think Shane and Ron have coordinated until very recently - there was a tweet (which I think has been deleted) sometime after the lawsuit was filed where Shane basically asked Ron to notice him; saying that he'd been defending him and Monica.

I think that was the start of anything Ron has done with Shane.

BUT I imagine there was some significant coordination back in January/February in different places between different people.
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It shure looks like it.
Probably what happened is back in January Shane was blowing up a phones of conventions about Vic. Cons didn't give a shit about Shane, but they believe Soye and Monica and they drop Vic. But in Shane's mind it's all him. La Choy probably didn't know who Shane is back then.

Until recently all Shane's tweets was chaotic and all over the place, but after some point in April Soye and Shane started pushing similar narratives coherently. So Ron probably coordinating some talking points with him, and we know feading Shane some information and probably some shoes.
 
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