Vic Mignogna to Move Forward with Appeals Process as Defendant’s Motion to Dismiss is Denied
Spencer Baculi
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Update: Following the publishing of this article, Plant provided Bounding into Comics with a link to a Facebook post by Perry, in which she shared a link to Plant’s “Vic Mignogna: A Love Story” post on Tumblr, where Price commented on how Mignogna “can’t comprehend how anyone wouldn’t be flattered by his advances.” She added that she “just wanted to point out the depth of his creepiness.”
“oblivious is too kind. He has such a huge ego that he can’t comprehend how anyone wouldn’t be flattered by his advances. Keep in mind that he was engaged at the time and that later in the evening a “friend” of his showed up that I am 99% sure was an escort.”
“of course we do . I just wanted to point out the depth of his creepiness to people who may not have first hand experience.”
Plant has also shared a message, allegedly between himself and a member of the Orion’s Envy dance group on the night after the alleged incident, on his Twitter account, in which Plant apologized that the member “had to deal with Malfoy,” noting that they referred to Mignogna as “a Slytherin because of his weird hissing.”
Yup. Here’s the same from my Facebook messenger client. https://t.co/RDVbNIvAt4 pic.twitter.com/B8b9POyXM2
— Emmett Initiative (@Emm_Initiative) December 14, 2019
The original article continues.
The Court of Appeals in the Second Appellate District of Texas has denied a request by Monica Rial and Ron Toye to dismiss Vic Mignogna’s appeal, allowing for the case to move forward in the appeals process.
On December 11th, the court denied the Motion to Dismiss Appeal for Lack of Subject Matter Jurisdiction and as Premature, previously filed by attorney J. Sean Lemoine on behalf of Rial and Toye which sought to dismiss Mignogna’s appeal on the grounds that it was filed prematurely. With this denial, Mignogna’s appeal against the initial dismissal of his causes of action will be allowed to move forward.
Related: Vic Mignogna Files to Begin Appeals Process Against Dismissal of Defamation Lawsuit
This news was publicly announced by attorney and YouTube host Nick Rekieta, who also used the announcement to mock the many legal experts on Twitter who were confident that the appeal would be dismissed:
On the same day as the Motion to Dismiss was denied, Star Trek audio book producer and i09.com contributor Emmett Plant threatened “a lot of Vic Mignogna’s fans” with potential lawsuits due to accusations that he committed perjury in the sworn affidavit submitted by Plant to the court in defense of the defendants:
A lot of @vicmignogna‘s fans are about to get letters from my lawyers for accusing me of perjury (if they haven’t already). He could be honest and tell them that I haven’t lied and that my testimony is true, and encourage them to resolve this matter before it goes to court. (1/2)
— Emmett Initiative (@Emm_Initiative) December 11, 2019
2/2 Alternately, he could simply reach out to the woman I saw him grab without her consent and apologize for his weird and inappropriate behavior. If he did that and she accepted his apology, I’d have no reason to talk about @vicmignogna ever again. (2/2)
— Emmett Initiative (@Emm_Initiative) December 11, 2019
In the affidavit, Plant repeats his claims from his previously written account, titled Vic Mignogna: A Love Story, which states that Mignogna violently pulled the hair of cosplayer Dayna Price and proceeded to “hiss something” in her ear, at Bayou Con 2013.
This allegedly resulted in Orion Envy’s, a Star Trek-themed dance group of which Price was a member, instituting a ‘buddy-system’ to ensure that no one was alone with Mignogna.
However, critics have noted several inconsistencies within Plant’s story, such as how he took no action in defense of Price following the alleged assault, did not alert convention security or other authorities, was engaging in a friendly manner with Mignogna on Twitter on either the day after or night of the alleged assault.
Critics also note that Plant’s account is supported solely by his girlfriend, Neysha Perry, with whom Plant admits he “would have never forged a friendship that became a romantic relationship without Vic’s stupid and inappropriate behavior” during this alleged incident.
A firsthand account of this encounter has never been put forth by Price.
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