If they don’t let him file electronically look for him to file motions in Florida by sending them to Utah.
IIRC the order was granted based on a local rule in Utah, right? So in theory Florida could tell him to get fucked and use snail mail. I think that's part of why he's so terrified of the venue transfer.
I don't think he could sanction him in Florida, but he could use that behavior to support his arguments that the case should be dismissed because of his continued wilful ignoring of Court Orders. It is an interesting question, though, so I could be wrong on it.
We know for sure that they sent at least one court event to him via email. I assume the thing did transfer from Nevada.
The sanction would simply be a default judgement against him for failure to prosecute. And possibly costs assessed.
That may be, but why would filing these motions in courts that have no jurisdiction over the relief sought toll the deadline for appeal?
He did, though! Maybe he told the clerk "and I mean it this time". I assume that the court wants to have every last paper that's filed to be officially listed as part of the public record for the case, but does the clerk at least have the authority at this point to just file any new bullshit that arrives with a note of "this case is already closed, this filing is denied as moot, no response necessary"?
My assumption is that any court orders remain in exist unless a subsequent court order modifies them. But regardless, there's always the good ol' U.S. Postal Service. Assuming Russ can get the court's address right.
If Russ files any more bullshit in Utah, and if the Utah court even has jurisdiction to sanction him - which I'd think it would, even aside from there being a case, he's consenting to their jurisdiction by filing things on their docket - I'd heavily lean toward asking the court for any costs and legal fees involved in wasting Hardin's time responding to it.
I wish I could log in to the court system and give these orders a
sticker.
It's not as clear cut as Null portrayed it. Certainly, I see your point, but in that sense, it didn't matter at all when the Magistrate denied the sought reconsideration. On the other hand, the rule focuses solely on time. I believe his appeal would be timely, but with no ability for the Court to consider it.
That's a big assumption right there.
There could be an avenue via the court's inherent power to manage its docket (including the power to punish abuse of it).
Well, it didn't. I don't see it as particularly necessary from either court's perspective, I see it more as a mercy to Null for the Utah court to toss him a life preserver so he can go back to Florida and say "look, Utah says case's closed" DUE TO AIDS
Yeah, that's pretty much what I was getting at. If you wanna play lawyer, you consent to having the court discipline you if you pull ridiculous bullshit like that.
I don't feel too reassured by the "should be filed in Florida" wording. I think Russ is liable to interpret that as "regretfully Florida is meant to deal with this now but we wish we could have it back so much, please remember us RussI wish I could log in to the court system and give these orders a
"
My first thought was "well, wouldn't it had just transferred?", but I remembered that some things indeed do not transfer, like Admission to practice before the court (hence why Mr. Hardin had to ask again). So, I looked into it, and I sadly can't find an answer. Interesting, theory, though. I assume that it transfers, though.
Oh, no, I certainly think it transfers, to Florida, where Russ is decidedly not filing stuff.
Oh, fuck, you're absolutely right. Good catch.
This is technically correct. The best kind of correct. Test said, nothing in this case has been correct in the usual way or technical.
Nigga, 2022-2023 was like the Siege of Leningrad for this site. We persevered.
