Greer v. Moon, No. 20-cv-00647 (D. Utah Sep. 16, 2020)

[Betonhaus]

Alright, another vote:
Thunk-Provoking: Hardin clarifies the case and Florida continues without waiting for Utah
Dumb: Utah goes "wtf no" and punts it back to Florida
Lunacy: Utah considers each motion and accepts or rejects them, so the case can resume in Florida
Horrifying: Utah accepts Greer's objection of the move and takes back the case
Late: the SCOTUS intervenes in this cluster fuck
Optimistic: Greer moves to dismiss his case
Political Sperging: Florida refuses to touch it until Utah rules on the motions, Utah refuses to look at the motions because it's not their jurisdiction
Autistic: this vote is a bit ridiculous in it?

 

[mindlessobserver]

What if the Utah court never rules because it correctly determines it lacks jurisdiction to reverse a decision in a transferred case where it's already sent the record to Florida?

Okay okay, hear me out here. I love lolsuits because they lead to wild outcomes. Like the present scenario incidentally.

If this happens, then...no court has Jurisdiction? I mean, this would be beyond circuit split. The 11th circuit basically told the 10th to "Do Something", and if the 10th tells the 11th "Not gonna!" well...This would mean the case falls into Maritime Law essentially. There is no longer a single conceivable district in the United States that can take the case. But the case is CLEARLY under Federal Court Jurisdiction. And since the Military Court is not at issue here, then that means the SCOTUS has Original Jurisdiction per Article III, Section 2.

 

[Terrifik]

+1 point Geer or court just noping.
If this hits supreme court .
Can't wait for this third lol suit to be court law-next to-H3H & Sargon

 

[Napoleon III]

Calm down a little bit. I don't think anything has really changed. We don't even know if the Utah Court is actually considering even making a ruling. It seems like they very much aren't. I view the worst thing about this is that we don't get an answer to whether or not Greer would have shown up but otherwise things are fine.

Greer could have said something to the Clerk or the Clerk got spooked by there being filing they didn't understand.

This could all be wrapped up with the Utah court going "nope we moved it to Florida please fuck off".

If Greer told the Clerk something that was untrue this could be the unofficial thing that breaks the case.

What if the Utah court never rules because it correctly determines it lacks jurisdiction to reverse a decision in a transferred case where it's already sent the record to Florida?

I think this is the most likely scenario. The Utah court would not have sent this to Florida if they really didn't want to get rid of it.

At this point I’d say it’s wise to not pay mind to any legal predictions or expertise from Kiwi Farms members.

I did say Hardin should be very careful and that him filing replies was good because the courts could do something fucking stupid. If you are ahead it makes sense to think about low probability outcomes.

I wish I could take a victory lap over something else but it is what it is.

As @Gehenna keeps saying, judges are cowards. They do anything to avoid deciding things.

Maybe or maybe not. I could see a judge doing something like this but I can also see this happening because someone misunderstood the situation.

Watching you guys swing from excitedly wanting to ween your way into a continuance phone call, to absolute seething about a bearaucratic red-tape decision like a tweaker with BPD is hilarious.

While I wish people would stop freaking out a bit and control themselves but that's how people generally react to stuff like this. People that can be extremely calm and detached from the situation are rare.

We theory crafted too greedily and too deep, the reality is no-one knows what these people will do

Naw I don't think so. You should always know that it is possible for something that is extremely unlikely to happen to actually happen. If it does it doesn't mean you made a bad prediction just that you got unlucky.

 

[AnOminous]

At this point I’d say it’s wise to not pay mind to any legal predictions or expertise from Kiwi Farms members.

So how about Wright & Miller who literally wrote the treatise on federal civil procedure. They wrong too?

 

[Warm Lasagna]

People should be comforted by the fact that it’s nearly impossible for a pro se vexatious litigant to argue this case effectively. In this case the punishment is the process, and everybody thinks it should go away. It just so happens that the process is fucking hilarious.

I just feel bad that it’s at the expense of Null.

 

[mindlessobserver]

I did say Hardin should be very careful and that him filing replies was good because the courts could do something fucking stupid. If you are ahead it makes sense to think about low probability outcomes.

People were wondering why Hardin was bothering to respond to Greer in Utah when the case was now in Florida. But apparently he was very wise to do so. Nothing ever goes the way its supposed too in lolsuits apparently. They break things in interesting ways. Hardin will probably be able to add "Expert in defending against vexatious litigation" on his CV and website. That's a pretty niche area of law. I don't think I've ever seen a lawyer hold themselves out as an expert in it.

 

[Justtocheck]

They wrong too?

Yes they are. They always are. Nothing ever happens and when it happens nobody saw it coming, I don't have any issues with the law in any way but by following Kiwi advice on law I owe lawyers 200K on fees for not having any lawsuit at all.

 

[3MMA]

While I wish people would stop freaking out a bit and control themselves but that's how people generally react to stuff like this. People that can be extremely calm and detached from the situation are rare.

Don’t think it’s that rare. I read those “omg, people are freakin’,” posts as just another case of applying tone to something that has no tone in and of itself. They are words on a screen, hence, no tone. So, words alone have no tone.

Interpretation is in the eye of the beholder, any tone read will say more about the one reading into it than the posts themselves. Hope everyone read this in a deep baritone rumble.

 

[he who has thus come/gone]

Which is what you would think a fucking federal judge would do.

I know for a fact that if I can do it, a law clerk for a federal district court judge could do it, too. It literally took five minutes on WestLaw. Presumably, it would take another 10 minutes to figure out if the district in Utah has said anything about it, collect some persuasive support to punt it back, or just type something to the effect of "We cancel the status conference and stay proceedings until the transferor court determines whether it has jurisdiction to consider Greer's motion."

Justice Douglas was right when he said law clerks are the lowest form of human life.

If this happens, then...no court has Jurisdiction? I mean, this would be beyond circuit split. The 11th circuit basically told the 10th to "Do Something", and if the 10th tells the 11th "Not gonna!" well...This would mean the case falls into Maritime Law essentially. There is no longer a single conceivable district in the United States that can take the case. But the case is CLEARLY under Federal Court Jurisdiction. And since the Military Court is not at issue here, then that means the SCOTUS has Original Jurisdiction per Article III, Section 2.

If the Utah court says it doesn't have jurisdiction, then it would logically just continue in the transferee Florida court. But for sake of entertaining retardation, if no federal court determined that it had jurisdiction (and that determination wasn't appealed), it would have to be pursued in a state court. Unless the cause of action is within the exclusive jurisdiction of the federal courts, there's nothing improper about pursuing it in a state court. Lower federal courts are optional under Article III, after all. Congress could get rid of them all tomorrow.

 

[Account]

Okay okay, hear me out here. I love lolsuits because they lead to wild outcomes. Like the present scenario incidentally.

If this happens, then...no court has Jurisdiction? I mean, this would be beyond circuit split. The 11th circuit basically told the 10th to "Do Something", and if the 10th tells the 11th "Not gonna!" well...This would mean the case falls into Maritime Law essentially. There is no longer a single conceivable district in the United States that can take the case. But the case is CLEARLY under Federal Court Jurisdiction. And since the Military Court is not at issue here, then that means the SCOTUS has Original Jurisdiction per Article III, Section 2.

> be supreme court justice
> at the end of an exhausting week trying to understand this "Greer v. Moon" case
> ask my clerk if there are any more briefs to review
> "Yes sir, this one is Greer v. Moon"
> wtf, I just read that
> "No, this is a totally different issue because nobody knows what court has jurisdiction over the case. We need the supreme court to decide"
> he goes on to explain two district courts are sending cases halfway across the country like they're playing tennis
> the pro-se fucktard pro-se'd so hard he broke the federal legal system
> my eyes glaze over as the clerk explains extremely obscure florida case law regarding overturning case transfers
> please just let this shit end already

 

[mindlessobserver]

Unless the cause of action is within the exclusive jurisdiction of the federal courts

Its a copyright lawsuit. The Constitution explicitly gives copyright to the Federal Courts. No State can take it either. That said, I expect the Utah Court to just deny all of Greers filings as Moot, and punt it back.

 

[prolapsed_cranium]

What the actual fuck? Russ was right all along?
View attachment 5872761
View attachment 5872772

No, he's not right. FL is acting out of an abundance of caution and making sure all the UT business is wrapped up first.

Judge's are inherently risk averse.

 

[prolapsed_cranium]

"a single piece of paper that says nigger faggot"

How likely is it that the Utah judge throws it back saying the case is closed and they won't accept filings, so nothing after closing it matters?

Very likely.

 

[he who has thus come/gone]

Its a copyright lawsuit. The Constitution explicitly gives copyright to the Federal Courts. No State can take it either.

You're right about the exclusive jurisdiction--I was thinking of Lanham Act trademark claims. 28 USC 1338 covers copyright. The Constitution just gives Congress power to make copyright laws, but Congress gave it to federal courts exclusively.

 

[Daddy's Little Kitten]

Russ has played us like his keytar.

 

[AnOminous]

People were wondering why Hardin was bothering to respond to Greer in Utah when the case was now in Florida. But apparently he was very wise to do so.

Hardin was right. I like his belt and suspenders approach. My concern is more that copying the entirety of a work, even with commentary, is a really tough sell, so I hope there's some other procedural escape hatch.

The Utah court has shown no indication whatsoever of taking this case back. So it's pretty exaggerated to chimp out about the fact that the Florida court is giving it a delay to see if they're going to do anything.

You're right about the exclusive jurisdiction--I was thinking of Lanham Act trademark claims. 28 USC 1338 covers copyright. The Constitution just gives Congress power to make copyright laws, but Congress gave it to federal courts exclusively.

There are some remnants of common law trademark in state law. I don't think anyone in their right mind would choose a state forum for such a claim, though, other than perhaps an ancillary state claim in an otherwise federal case.

Justice Douglas was right when he said law clerks are the lowest form of human life.

Justice Douglas, bless his heart for his fanatical First Amendment defense, was himself the lowest form of human life. He wrote some of the laziest opinions that ever came out of SCOTUS and seemed to think that rhetoric was a substitute for actual legal analysis.

Also it sounds like he was trying to blame his law clerks for some fuckup of his own.

 

[inception_state]

It's a bit of a dick move for the Florida court to dump this on Hardin, presumably because Greer is a retarded pro se litigant who can't be trusted to do anything right. Shouldn't the onus be on the plaintiff to sort this nonsense out?

Then again, per the order:

Counsel for Defendants is hereby ORDERED to file a status update in this Court once Plaintiff's pending motions are ruled upon by the United States District Court for the District of Utah

So parsing this carefully, if Utah just starts throwing Greer's filings in a trash can and never rules on them as they have transferred it to Florida, Hardin doesn't have to do anything, and this case has effectively fallen through the cracks of the justice system. That's a fun Catch 22. Hardin should just do exactly as ordered by the court and see how long it takes Greer to unfuck this mess he made.

 

[StinkySnack]

So how about Wright & Miller who literally wrote the treatise on federal civil procedure. They wrong too?

No, I’m simply saying that these cases are so bizarre and unusual that typical legal expertise seems to not even apply in many instances.

 

[Napoleon III]

It's a bit of a dick move for the Florida court to dump this on Hardin, presumably because Greer is a retarded pro se litigant who can't be trusted to do anything right. Shouldn't the onus be on the plaintiff to sort this nonsense out?

Then again, per the order:

I might be reading into something I don't understand but the fact they asked for the Defendant to give them a status report once the Utah Court rules on the filings suggests to me that Russ told the Clerk that actually this case shouldn't be proceeding because the Utah Court has not ruled yet. That would be a lie.

Could also be because the Florida court realized Greer is a dumbass and they want an actual lawyer to explain what is going on.

No, I’m simply saying that these cases are so bizarre and unusual that typical legal expertise seems to not even apply in many instances.

I don't find this viewpoint objectionable at all. I don't think it is entirely true but there have been a massive numbers of completely retarded events in this case.

Time to make a bonkers prediction for this case. Greer will get arrested for prostitution or some other crime. This is almost certainly not going to happen.

Hope everyone read this in a deep baritone rumble.

I'm sorry but due to your AVI I read it in a voice like this: