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

When will the Judge issue a ruling regarding the Motion to Dismiss?

  • This Month

    Votes: 66 13.8%

  • Next Month

    Votes: 56 11.7%

  • This Year

    Votes: 74 15.4%

  • Next Year

    Votes: 165 34.4%

  • Whenever he issues an update to the sanctions

    Votes: 119 24.8%
  • Total voters
    480
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Terence Trent D'ARPA said:
Looks like we have some movement on the case. Magistrate Judge Bennett concedes he erroneously transferred the case to Florida, and it looks like he has "granted Mr. Greer's motions" so Utah has the case apparently:
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Here’s what I think: the judge knows this case is going to be ping-ponged for the next ten years if he doesn’t come up with some bullshit to just accept it and get it moving again.

This order just backfills the justification for a conclusion he already wanted to arrive at to get the case moving.
Null said:
I should represent myself pro se
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Here’s the issue with that: this order from the judge was a conclusion with a reverse-engineered justification that luckily won’t have much scrutiny since he’s showing deference to the pro se dumbfuck.

I immediately recognized a conclusion with a reverse-engineered justification because that’s how several other government agencies I have experience with operate.

If you join the fray pro se, you’re giving them the same flexibility with your filings they currently enjoy with Greer but without the benefit of Hardin holding them to some minor account. In this scenario, the preferred conclusion of the court is “Kiwi Farms is bad and needs to be punished.” They’ll contort your filings and the law to arrive at the “preferred solution” for Kiwi Farms.

Sorry you’re stuck in a Kafka novel broski.
 
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Terence Trent D'ARPA said:
Looks like we have some movement on the case. Magistrate Judge Bennett concedes he erroneously transferred the case to Florida, and it looks like he has "granted Mr. Greer's motions" so Utah has the case apparently:
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OK fine. Court fucked up a semi-colon that I will hold against them; however, the rest seems "reasonable," if the standards are as stated in the opinion and in the clownworld that is Russell Greer litigation.

I do, though, take issue with the statement in the Background section that Greer was "harassed" ("In response to harassment by Kiwi Farms users, Mr. Greer self-published a book about the lawsuit, hoping to tell his side of the story."). I don't like that because "harassment" is a legal conclusion. The Court was otherwise appropriate in its references xyz were Russell's allegations, but that one is incorrect and and I don't know of anything stating that posting about a person on a website ipso facto constitutes "harassment" under applicable law. Stating that harassment occurred even in a background section of an opinion implies it's a settled matter, which it is not, and is not even directly relevant to a copyright claim, which is the basis for the action. So, I'm annoyed.

Harvey Danger said:
How do you reach that dumbfuck conclusion at all?!?
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It just means that his contention should be factored into the decision even though it was lame and late.

AnOminous said:
it was an odd ruling to say the least, with no real reasoning and even itself strongly implied the judge wasn't impressed with the legal arguments in its favor.
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Yes, the Court said back then that it wasn't convinced of reasons for transfer but that Russell's failure to respond with anything at all is what caused the transfer.
 
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Does Admiralty law apply to landlocked Utah? Maybe the Great Salt Lake is a large enough body of water to count.

If that doesn't work then Joah must appeal to the Twelve Tables. Specifically Table VIII:

1a. Whoever enchants by singing an evil incantation ...
1b. ... If anyone sings or composes an incantation that can cause dishonor or disgrace to another ... he shall suffer a capital penalty.

Greer is clearly guilty of this against various women and for the past few years he has hexed this case. AHREEEST HEEM!
 
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Terence Trent D'ARPA said:
Looks like we have some movement on the case. Magistrate Judge Bennett concedes he erroneously transferred the case to Florida, and it looks like he has "granted Mr. Greer's motions" so Utah has the case apparently:
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"Mr. Greer frames his motions under Fed. R. Civ. P. 59 and 60, however, these rules apply only to a “final judgment,” which an order transferring a case is not. Thus, the court instead reconsiders its prior order based in part on the law of the case doctrine."

Yes, I know what will fix a poor decision, an even poorer and outright hostile decision to the opposing party. The judge is a fag.
Harvey Danger said:
How do you reach that dumbfuck conclusion at all?!?
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It's a weird ouroboros. They made the decision when there was no jurisdiction, but now that there is, that decision is invalid because there is jurisdiction, though if there were not, it would be valid.
Friend of Dorothy Parker said:
Stating that harassment occurred even in a background section of an opinion implies it's a settled matter, which it is not, and is not even directly relevant to a copyright claim, which is the basis for the action. So, I'm annoyed.
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They copy that statement from the complaint. Interestingly, it might be one of the few times they can't do that, as the court found that the harassment claim was decided in Null's favor.
ForTheHoard said:
How illegal would it be to represent yourself while Hardin feeds you lines through an earpiece?
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Not illegal, and not unethical in Utah, so that's 100% a possibility, although the 10th Circuit disagrees as it relates to appellate matters "We hold that the participation by an attorney in drafting an appellate brief is per se substantial, and must be acknowledged by signature." Some ghostwritting may still be permissible on the trial level "We caution, however, that the mere assistance of drafting, especially before a trial court, will not totally obviate some kind of lenient treatment due a substantially pro se litigant." Their main conclusion was "We hold today, however, that any ghostwriting of an otherwise pro se brief must be acknowledged by the signature of the attorney involved." Duran v. Carris, 238 F.3d 1268 (10th Cir. 2001). This could still be good, as there is difference between motions and briefs.


New doc:
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sallowhal said:
i correctly called this case getting sent back to utah. i'm now calling the following: this case will be a loss for null and the farms. i don't want it to be, but that's what my gut is telling me. and my gut has been good to me.
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That'd be the funniest outcome because it would permanently damage fair use for everyone. I like the idea of everything getting so bad that ordinary people suffer constant abuse from retards.
 
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Null said:
That'd be the funniest outcome because it would permanently damage fair use for everyone. I like the idea of everything getting so bad that ordinary people suffer constant abuse from retards.
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In a meta sense, maybe. The funniest outcome for us would be Russ losing and crying about it online, every day for years to come.

Sorry bud, you're gonna have to win this one for the lulz.
 
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