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

[Useful_Mistake]

You start filing briefs with the Supremes, using all the articles and amendments of the constitution, and then go to the articles of confederation.

Might as well at least amuse Thomas.

Personally I had considered writing a letter to President Biden and asking to be made ambassador if the case goes nowhere because Russ softlocked everyone out of it. With approval of the Senate, Biden could do it. Then, I'd have to sue the current Utah judge for a mandamus in the Supreme Court, and bam, it is a "case affecting Ambassador", and so they'd have original jurisdiction. A fanciful dream though.

 

[CansOfCant]

At this point did the Federal Justice System simply cuck Russ, looking at it optimistically? I'd imagine Null could simply ignore it, since if no court wants to touch it, they're not going to be awarding Russell anything?

Russ softlocked everyone out of it

So was I kinda retardedly right then? Null could just sit on this?

 

[Staticness]

Personally I had considered writing a letter to President Biden and asking to be made ambassador if the case goes nowhere because Russ softlocked everyone out of it. With approval of the Senate, Biden could do it. Then, I'd have to sue the current Utah judge for a mandamus in the Supreme Court, and bam, it is a "case affecting Ambassador", and so they'd have original jurisdiction. A fanciful dream though.

That seems like it might run into a conflict of interest, Mr. Hardin.

 

[Useful_Mistake]

Null could just sit on this?

I don't see why not. The way I see it, Mr. Hardin can't really do anything about this, Russ needs permission he can't receive, and Utah considers the matter closed, and it would be improper for them to effectively judge/decide a sua sponte motion to reconsider a motion to reconsider. I literally wasn't joking, I'm genuinely unsure as to who can act. I suppose Utah could go around this, maybe, by striking Russ objections and ordering him to refile? But I am pretty positive that this would create an unfair advantage given it's not something Russ could achieve himself (timeline to file his second reconsideration motion (even if he could) has passed, IIRC). Seems like an appellate issue waiting to happen.

That seems like it might run into a conflict of interest, Mr. Hardin.

What conflict of interest is there in petitioning the Court to hear a client's case?

 

[reptile baht spaniard rid]

I guess we might find out if Russ is reading this thread, if he files some sort of "get moving" motion, but that might be his own petard because he'd get hoisted on it, the motion that most makes sense is a "provide scheduling call details".

 

[DumbDude43]

I'm genuinely unsure as to who can act.

the utah court put the case on its docket and assigned it to a judge, so that judge can act.
he can either accept the florida courts argument about the transfer and reconsider greers objections against going to florida.
or he can reject the florida courts argument and pingpong the case right back to them.

either way, with how slow and lazy american judges seem to be, and considering how annoyed this judge probably is with this retard case, we'll probably have to wait quite a few weeks or months before he can be assed to move the case along.

 

[Sexy Senior Citizen]

What conflict of interest is there in petitioning the Court to hear a client's case?

"Your honor, Mr. Hardin should represent me also so it's fair. Him trying to win the case only for Joshua Moon is unfair and therefore a conflict of interest."
"How is this a conflict of interest, Mr. Greer?"
"It conflicts with my interest in winning."

 

[filthypenguin]

I'm torn. I want the judge to ping pong it back, because it's funnier, but I also want Null to win, and the Utah judge seems better for Null.

 

[Harm]

The conundrum is that Greer incorrectly believes he's bleeding Null dry from the case being dragged out, but Null has revealed on MATI (unless I'm a retard who misheard) that Hardin has been billing extremely fairly towards Null and there's still tons more funds waiting to launch new litigations against other parties. That's all to say Greer isn't even accomplishing the one thing he hoped to accomplish by dragging this all out. No one is winning besides the Florida judge who only had to throw the shit out of their courtroom before things could even get started there.

 

[Useful_Mistake]

the utah court put the case on its docket and assigned it to a judge, so that judge can act.

The clerk's job is to file irrespective on whether a court can actually rule on something, That's how cases get dismissed for lack of jurisdiction, for example.

 

[DumbDude43]

The clerk's job is to file irrespective on whether a court can actually rule on something, That's how cases get dismissed for lack of jurisdiction, for example.

but it's still up to the assigned judge to make that decision about jurisdiction
if he decides he doesnt have jurisdiction, he sends it back to florida
if he decides he has jurisdiction, he works on outstanding motions (or whatever he wants)

russ or null could of course appeal the jurisdiction decision afterwards, for another fun trip to the 10th circuit, but for now it's this guys decision to make

 

[filthypenguin]

I also think it'd be funny for Null to file a motion to reconsider the transfer from Florida to Utah, copying Greer's motion to reconsider the transfer almost verbatim, and pointing out that Florida didn't give him enough time to respond, which according to Florida is justification to ping pong a case back.

The judge either has to send it back to Florida because the Florida judge's reasoning is correct, or he has to send it back because the Florida judge's reasoning is incorrect. Then the Florida judge would have to admit that they were wrong one way or the other, which would be very funny.

 

[Useful_Mistake]

but it's still up to the assigned judge to make that decision about jurisdiction

Is it? There's no outstanding motions for him to rule on regarding the transfer. And therein lies the problem.

 

[Your Starter for 10]

Is it? There's no outstanding motions for him to rule on regarding the transfer. And therein lies the problem.

I still think you are seeing this as a problem, when you should be seeing it as a conclusion.

 

[obliviousbeard]

Honestly, this case is pretty bonkers. Four years, god only knows how many dollars have been wasted (both Null's and taxpayers), courts poking the person suing with a stick on "c'mon do something" fashion, and courts playing hot potato with it. You'd think there'd be final and absolute deadline for stuff like scheluding conference God's favourite idiot and magical star buddy indeed.

Also fuck it, toss this dead cat to Nevada's backyard while Utah court is at it.

 

[Himedall All-seeing Waifu]

that's not entirely true; the court did schedule a status conference, for which they mistakenly posted the link.
then, when they realized the depth and breadth of the austism that doing so inspired

>> Mfw the court knows dealing with this case is cancer aids but cannot just dismiss it.

The masochists.

Can someone tell me because I was wondering and I have no clear answer. What's the proper procedure here? Utah can't consider Russ objections as both they and the motion to reconsider were denied, which means it would have to raise the issue Sua Sponte which it may or may not be able to do (it may reconsider it's final mandate re: habeas petitions (non applicable), but it may not for evidentiary rullings. All other questions on this were dismissed for lack of preservation for appeal, or are otherwise matters within BIA or likewise agencies). So, if it is on Utah to act, and assuming arguendo, that it can act, is it even procedurally proper for them to act on the same motion twice (effectively considering motion for reconsideration twice)?

On the other hand, Russ might be required to file another motion. But I don't think he can refile it, so are we waiting on him to file for leave to file his objections again? And if so, is it even a thing the district court can grant?

Or does it go back to Mr. Hardin, requiring him to refile his motion to transfer venue so Florida's order could be then procedurally carried out?

It might end up being whatever the judge wants it to be, falling under the catch-all of the inherent powers of the court to manage their docket. See USCA ArtIII.S1.1.1.2.1.1 Inherent Powers of Federal Courts: Procedural Rules:

Whatever you can file and have a judge sign, apparently. The rules on Copyright don't apply in this case according to the 10th district appellant court, and the rules on ping-pong procedure for transfer of venue do not apply in the 11th.

I think Null and Hardin have to figure if it is worth it to file something to poke thr judge and get some movement, or will piss then off more to do so.

I am not envious of the plight, but I am admonished to be able to witness what happens when unbridled autism meets incurable stupidity in the landscape of lawfare.

"Your honor, Mr. Hardin should represent me also so it's fair. Him trying to win the case only for Joshua Moon is unfair and therefore a conflict of interest."
"How is this a conflict of interest, Mr. Greer?"
"It conflicts with my interest in winning."

This is how he actually thinks, and he has gotten the court in FL to agree that he needs time to ECKSPLAIN! He even got thr appeals court to overturn decades of precedent.

What will he do next? The Geneva Convention?

I also think it'd be funny for Null to file a motion to reconsider the transfer from Florida to Utah, copying Greer's motion to reconsider the transfer almost verbatim, and pointing out that Florida didn't give him enough time to respond, which according to Florida is justification to ping pong a case back.

The judge either has to send it back to Florida because the Florida judge's reasoning is correct, or he has to send it back because the Florida judge's reasoning is incorrect. Then the Florida judge would have to admit that they were wrong one way or the other, which would be very funny.

Agreed. I still await the funny Jewsh has promised us will be filed, but this would be good too

 

[reptile baht spaniard rid]

I'm going to come down on the side of liquor lady from florida and wonder if this wasn't the intention. Court-block the case into legal limbo and let it sit.

 

[filthypenguin]

I'm going to come down on the side of liquor lady from florida and wonder if this wasn't the intention. Court-block the case into legal limbo and let it sit.

I still don't understand her intention. If she wanted rid of it, should have sent it to Nevada. I think either she's trying to avoid circuit split, or she's trying to rule out an avenue for appeal. I don't see it being malicious towards Josh, since there was a better way (send it to Nevada).

 

[Sexy Senior Citizen]

What will he do next? The Geneva Convention?

"They sent me a Hitler picture, which violates the Geneva Convention!"
"Sending a Hitler picture doesn't violate the Geneva Convention, Mr. Greer."
"But it hurt my feelings, and that's basically the same thing!"

 

[reptile baht spaniard rid]

I still don't understand her intention. If she wanted rid of it, should have sent it to Nevada. I think either she's trying to avoid circuit split, or she's trying to rule out an avenue for appeal. I don't see it being malicious towards Josh, since there was a better way (send it to Nevada).

Nevada wasn't on the table, because if she sent it to Nevada it would have admitted that it was in Florida, because Nevada thingy was filed in Florida (I think). Her whole argument was basically "this thing was never here so it's still in Utah".