” Funimation‘s filing of the motion to dismiss halts all discovery in the lawsuit until the Tarrant County, Texas court has ruled on the motion. The court must set a hearing within 30 days of the motion’s filing.
Funimation argued that the TCPA applies to this case because Funimation‘s tweets involved a matter of public concern. The company said that Mignogna qualifies as both a general-purpose and limited-purpose public figure, thus protecting Funimation‘s tweets as an exercise of free speech. Funimation also argued that the TCPA protects Funimation‘s “right of association with the anime community when it tweeted about the situation.” The anime distributor further noted that Mignogna cannot provide clear and specific evidence for each of his claims against Funimation. Additionally, the company claimed that it cannot be held liable for the alleged conduct of Monica Rial, Ronald Toye, and Jamie Marchi — its co-defendants in the lawsuit — as they are not Funimation agents or employees.
In summary, Funimation claimed that its tweets about its decision to terminate its working relationship with Mignogna were truthful, non-defamatory, and an exercise of free speech and its right of association.
In the document, Funimation is represented by John Volney of Lynn Pinker Cox & Hurst in Dallas, Texas.”
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