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

[Third World Aristocrat]

I'm curious to see how Russell will respond to the Judge's order to show cause.

Some things I imagine we'll see:

• Plenty of whining about the plights he’s facing;
• More slander about this kind-hearted website;
• He'll probably blame Mr. Hardin for part of the delays in submitting the schedule—and likely gripe about Mr. Hardin's recent filings again;
• Continuing his pattern of promising to submit a schedule but posting everything but a schedule, we probably won't see any proposed schedule;
• I bet in his 'show cause' response, he'll cite the 10th Circuit's favorable decision as proof of merit in his case (without much understanding of the decision behind it).

I wonder if we'll also get some passive-aggressive comments towards the Judge.

 

[AnOminous]

I had somehow thought a case dismissed with prejudice could not only not be refiled, but not appealed either. Guess I know better now.

It's actually the opposite. A case dismissed with prejudice is immediately appealable. A case dismissed without prejudice CAN be appealed, but the usual response is just filing it again and trying to do a better job. It's usually cheaper and faster just to file it again.

I wonder if we'll also get some passive-aggressive comments towards the Judge.

He should definitely not do that. He should make that bigoted bias judge know what a bigoted piece of shit he is and how he is discriminating against the disabled. He should also definitely use the phrase "THERE WILL BE BLOOD" like he did in a previous case, because that totally worked.

 

[Sneedfully and Peacefully]

He should also definitely use the phrase "THERE WILL BE BLOOD" like he did in a previous case, because that totally worked.

I gotta read up on my Greer lawsuits fuck.

 

[Billy Bong]

Just listen (re-listen) to the YT posted earlier of the Ariana Grande case with Skolas.

It was decided because Greer didn't show up, then he showed up 35 minutes late and couldn't plead his case for the life of himself. He just blathered about being an egg shell head when asked for points of law.
He only said he enjoyed the concert because he didn't want a repeat of the Taylor Swift incident and that he was entitled to everything because he's disabled.

How this current case went to appeals, and succeeded, is laughable. Our legal eagle Russ is completely off his rocker.

No matter how activist you are, there's only so long you can continue the charade while this guy spouts, spits and files insanity.

Methinks the jig is up

 

[Thomas Talus]

I'm curious to see how Russell will respond to the Judge's order to show cause.

Some things I imagine we'll see:

• Plenty of whining about the plights he’s facing;
• More slander about this kind-hearted website;
• He'll probably blame Mr. Hardin for part of the delays in submitting the schedule—and likely gripe about Mr. Hardin's recent filings again;
• Continuing his pattern of promising to submit a schedule but posting everything but a schedule, we probably won't see any proposed schedule;
• I bet in his 'show cause' response, he'll cite the 10th Circuit's favorable decision as proof of merit in his case (without much understanding of the decision behind it).

I wonder if we'll also get some passive-aggressive comments towards the Judge.

Why bother to respond to the show cause when you can petition for a writ of mandamus instructing the trial court to grant indefinite additional time to file the schedule?

 

[Debbie Macomber]

He should also definitely use the phrase "THERE WILL BE BLOOD" like he did in a previous case, because that totally worked.

Russell's excuse was that he was referencing a western movie and considers lawsuits to be METAPHORICAL duels, but, there is no dueling in the movie!

If Russ had said "It's gonna be The Good the Bad and the Ugly in there!" he'd probably get away with it despite it being a violent movie because the judge would understand Russ is METAPHORICALLY squaring off against Skordas.

But in There will Be Blood, Daniel Day-Lewis kills a couple of people, unprovoked without giving them any chance to defend themselves, and that's it! So even if the judge saw the movie, it would still read as Russ threatening to murder Skordas with a gun or a bowling pin

 

[reptile baht spaniard rid]

murder Skordas with a gun or a bowling pin

oh god I suddenly want a version of CLUE but it's all lolcows and shit

RUSS in the COURTROOM with the BOWLING PIN

CHRIS CHAN in the BEDROOM with the SAUSAGE

oh my

 

[lolwatagain]

I'm curious to see how Russell will respond to the Judge's order to show cause.

Some things I imagine we'll see:

• Plenty of whining about the plights he’s facing;
• More slander about this kind-hearted website;
• He'll probably blame Mr. Hardin for part of the delays in submitting the schedule—and likely gripe about Mr. Hardin's recent filings again;
• Continuing his pattern of promising to submit a schedule but posting everything but a schedule, we probably won't see any proposed schedule;
• I bet in his 'show cause' response, he'll cite the 10th Circuit's favorable decision as proof of merit in his case (without much understanding of the decision behind it).

I wonder if we'll also get some passive-aggressive comments towards the Judge.

I'm hoping for a return of "KIWIFARMS IS THE HARDSHIP."

 

[ScooterL]

How else does he think if he sobs enough to the court that the judge will sort things out for him?

The court probably would, had he filed crap versions of the things he needs to file.

But Russell's cornered the judge. By refusing to respond to an order, saying he doesn't know how, filing some dumb shit about the First Amendment, declaring he doesn't want any communication with Buddy Boy and going on that sweary rant, it feels like the judge will have to be very creative if he wants to avoid dismissing this case.

Just stop being poor

Russell could have achieved this by not spending his money on whores.

These may be the most incel things ever posted by anyone ever

They won't be once Russell drops "She Don't Like Nice Guys".

 

[reptile baht spaniard rid]

His show of cause is going to be some variation of “the 10th circuit said that I’m totally valid and legitimate and an honest woman and I gave them a very generous settlement offer make them take it force them to do it force them force them force them force them force them.”

 

[Debbie Macomber]

People are saying one more plight filing is all it would take for Russ to keep this case afloat, but Russ could still sink it by capping off with "And for all the above, I will NEVER do the scheduling conference, and I REFUSE to communicate with harasser Hardin in any form EVER AGAIN!"

 

[Kosher Dill]

“the 10th circuit said that I’m totally valid and legitimate and an honest woman

Greer getting trooned out by the 10th Circuit is the ending to this saga I didn't know I needed.

 

[IamnottheNSA]

snip

This pasta gets funnier with each passing year.

 

[Debbie Macomber]

As for Res Judicata, in addition to there being debate about what copyrights he's even suing for, just the book or the book and one song, vs Russ asking for maximum damages for FOUR works, Russ also keeps whining about other things not even in question like:

-The "crude drawing" of Russell used on the litigation fund site "Over a hundred thousand dollars raised with plaintiff's likeness and he hasn't seen a dime of it!"
-Youtube Autist's AI Russ song parodies (which would be a case against him individually, not Null or the farms)
-Bad reviews on Goodreads and Amazon

If this case gets dismissed with prejudice, does that dismiss with prejudice ALL these claims Russ brought so that he can never sue on those grounds again? Or does it only dismiss the claims of copyright infringement the case is ACTUALLY about?

It would be hilarious if the pro se litigant standard could be used against him "Well, construing his complaint liberally, you can tell Russ meant to sue on all these grounds, and therefore, he did and all were dismissed with prejudice"

 

[reptile baht spaniard rid]

If this case gets dismissed with prejudice, does that dismiss with prejudice ALL these claims Russ brought so that he can never sue on those grounds again? Or does it only dismiss the claims of copyright infringement the case is ACTUALLY about?

In general the courts ignore stuff that “doesn’t apply” even if it comes from real lawyers (the powerword is often moot). So they’d only dismiss the claims actually brought and new claims could in theory be brought, though all of those are so batshit that I find it hard to imagine even the 10th being able to do anything with them.

The “caricatures are not first amendment speech” case would be a hilarious fucking way for the USA to die, however.

Edit: disregard I file cocks (late) see below

 

[Useful_Mistake]

As for Res Judicata, in addition to there being debate about how what copyrights he's even suing for, just the book or the book and one song, vs Russ asking for maximum damages for FOUR works, Russ also keeps whining about other things not even in question like:

-The "crude drawing" of Russell used on the litigation fund site "Over a hundred thousand dollars raised with plaintiff's likeness and he hasn't seen a dime of it!"
-Youtube Autist's AI Russ song parodies (which would be a case against him individually, not Null or the farms)
-Bad reviews on Goodreads and Amazon

If this case gets dismissed with prejudice, does that dismiss with prejudice ALL these claims Russ brought so that he can never sue on those grounds again? Or does it only dismiss the claims of copyright infringement the case is ACTUALLY about?

It would be hilarious if the pro se litigant standard could be used against him "Well, construing his complaint liberally, you can tell Russ meant to sue on all these grounds, and therefore, he did and all were dismissed with prejudice"

Res Judicata bars relitigation of the same facts, whether or not all the causes of action that were sued over were exhausted. That is to say, if Res Judicata was binding on this set of facts, it would bar all litigation concerning this set of facts. See, for example, In re Piper Aircraft Corp., 244 F.3d 1289 (11th Cir. 2001) "It is well settled that res judicata turns primarily on the commonality of the facts of the prior and subsequent actions, not on the nature of the remedies sought. See, e.g., Olmstead v. Amoco Oil Co., 725 F.2d 627, 632 (11th Cir. 1984) (res judicata "extends not only to the precise legal theory presented in the previous litigation, but to all legal theories and claims arising out of the same `operative nucleus of fact'"). We agree, both generally and in the particular circumstances of this case, that the applicability of res judicata does not turn on the nature of a party's alternative legal theories", "Under res judicata, also known as claim preclusion, a final judgment on the merits bars the parties to a prior action from re-litigating a cause of action that was or could have been raised in that action."

 

[reptile baht spaniard rid]

Under res judicata, also known as claim preclusion, a final judgment on the merits bars the parties to a prior action from re-litigating a cause of action that was or could have been raised in that action.

I shit corrected - he’ll have to pro se over unauthorized hitler distribution.

 

[AnOminous]

If this case gets dismissed with prejudice, does that dismiss with prejudice ALL these claims Russ brought so that he can never sue on those grounds again? Or does it only dismiss the claims of copyright infringement the case is ACTUALLY about?

The original dismissal was with prejudice as to all counts and only the contributory infringement claim remains.

 

[Dizzyuntildeath]

The original dismissal was with prejudice as to all counts and only the contributory infringement claim remains.

Let us not forget that on top of being a top tier brilliant law chess player, he is also a necromancer who can """resurrect""" dead/dismissed/abandoned claims.

 

[jerkstore]

hey so what if kf agreed to russell releasing his next song and not talking about it for 3 months (that’s a long enough cycle to become a viral hit, right?). then russell could either prove his hits are real hits, or that the only reason they get any attention at all is from kf. it’s a good deal.