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

[FamicomGorby]

Am I taking this wrong? Did Hardin just cite case law to prove he should be allowed to celebrate Christmas?
Will we get a Hallmark movie from this case?

If Greer files a motion opposing this then I hope Hardin can have him legally declared a Grinch.

 

[mindlessobserver]

Greer had better not be wrong about what he just filed, because according to the rules Hardin must now go through some very expensive motion practice to challenge this. Even IF the debt was paid, the motion practice, research costs, billable hours, and so on will still be required, along with the appropriate court filing fees.

If the Fee was in fact paid to the appropriate party (Which according to Greer's own filing in the 10th circuit, would be the Digital Justice Foundation and not Greer), this will be a textbook bad faith motion for which fees and costs dealing with are appropriate. Because at the end of the day it boils down to a simple question. Was the money transferred or not?

Take your time Hardin. Make sure you research your case law THOROUGHLY.

 

[lol cow supreme]

Excellent smack down from Hardin:

Hardin out here literally arguing the Santa clause...

 

[LiquidChrisRespecter]

I can barely understand legalese, but my interpretation is that fees aren't awarded until this is over and Russ is ultimately the one dragging his ass.

If his case is as bulletproof as he says it is, he'd be trying to speedrun it to his million dollar award so he can stop living out of his cumstained car.

In any event, the clock is still ticking on the shit you're supposed to be filing, Russell. Merry Christmas!

 

[mindlessobserver]

I can barely understand legalese, but my interpretation is that fees aren't awarded until this is over and Russ is ultimately the one dragging his ass.

If his case is as bulletproof as he says it is, he'd be trying to speedrun it to his million dollar award so he can stop living out of his cumstained car.

In any event, the clock is still ticking on the shit you're supposed to be filing, Russell. Merry Christmas!

No, on their face malicious motions not based in law can be sanctioned immediately. Depending on severity it can be anything from the motion being deleted from the record to the case being dismissed AND the bad actor forced to pay for it. Though that outcome is probably not operative here. More then likely Greer's motion will be deleted and he will have to pay Null for the waste of time at the normal rate of billable hours + filing fees. Justice is restored in all balance, and the case can proceed.

 

[reptile baht spaniard rid]

No, you fags are all idiots, I think Russ has figured out the weak-point on Null, and should immediately file multiple motions against Null, Hardin, a Website, and us demanding instant satisfaction.

 

[Apteryx Owenii]

So the answer is no, it wasn't paid.

Good enough argument, but in this particular case responding with a request for an extension seems unnecessarily risky. Why not file a quick response that payment should be deferred until final judgement, or offset by possible sanctions against Russ, and do the main argument about timing and against the need for opening books? If that gets denied THEN file for an extension. This seems like putting your most annoying foot forward first.

It was an entertaining read for us, nicely written by Hardin. But the judge is already in a slapdown mood with Russ and has shown his willingness to extend that to Hardin without merit in a "both sides annoy me" manner. Don't draw fire when Russ is already lined up in his sights.

I agree, this feels like it was written for an audience and could have been a lot simpler and shorter. Even if the response can't be dealt with in the time allotted (which... okay) the Christmas sperging feels off. Do you really need caselaw about the meaning of Christmas to ask for an extension of a matter which you argue won't even be timely and may be negated entirely when the competing costs are calculated?

Not like it should matter but I'm not sure how the magistrate will take it when the case already has so much bloat. Better that he's always rolling his eyes at Russ filings.

 

[Warm Lasagna]

So the answer is no, it wasn't paid.

That’s not what Hardin is saying at all. The response looks like it provides no confirmation or denial of payment because the process for proving either will be extensive and strenuous.

He provides an assumption of what will happen if it’s deemed the judgement wasn’t paid, in which case the decision would be moot anyway, but he neither confirms nor denies the assertion until after his proposed extension.

 

[mindlessobserver]

That’s not what Hardin is saying at all. The response looks like it provides no confirmation or denial of payment because the process for proving either will be extensive and strenuous.

Which is appropriate. Hardin has to look into this matter. Which will take time. Even IF that time amounts to pulling up a bank transfer receipt. Never admit to anything until you absolutely have too.

 

[Terence Trent D'ARPA]

I agree, this feels like it was written for an audience and could have been a lot simpler and shorter. Even if the response can't be dealt with in the time allotted (which... okay) the Christmas sperging feels off. Do you really need caselaw about the meaning of Christmas to ask for an extension of a matter which you argue won't even be timely and may be negated entirely when the competing costs are calculated?

Not like it should matter but I'm not sure how the magistrate will take it when the case already has so much bloat. Better that he's always rolling his eyes at Russ filings.

It worked, though. The request was granted:

DOCKET TEXT ORDER granting 191 Motion for Extension of Time. Defendants' deadline to respond to 190 MOTION for Entry of an Order Compelling Joshua Moon and Lolcow LLC to Appear for a Judgment Debtor Examination and Produce Documents is hereby extended to January 15, 2025. Signed by Magistrate Judge Jared C. Bennett on 12/11/2024. (docket text order; no attached document). (lc) (Entered: 12/11/2024)

 

[Harvey Danger]

Which is appropriate. Hardin has to look into this matter. Which will take time. Even IF that time amounts to pulling up a bank transfer receipt. Never admit to anything until you absolutely have too.

Null is on vacation, so it'll take time for Hardin to reach him. I hope he's far away from the devil box and its demonic 5G waves. (But I'd still expect Hardin to know if it was paid without asking, since he'd likely be the one handling it.)

It may be appropriate not to admit anything, but it's easy to read between the lines to guess. Again, considering the nonsense that has gone on during this particular case, I don't see the benefit in being cute about it. To my non-lawyer eyes, it looks like Hardin already wrote up 2/3 of the argument against granting Russ' motion, why not drop the admittedly great Christmas part and just finish off a snappy reply that's likely to succeed? Asking for an extension will absolutely be brought up by Russ the next time someone accuses him of delays, and the judge is making ridiculous efforts to appear "fair" to him.

Edit: extension was granted already, fair enough. This case has me hyper blackpilled about yet another legal screwing.

 

[mindlessobserver]

It may be appropriate not to admit anything, but it's easy to read between the lines to guess.

Well, a contra argument to this is Russel's motion says the fee should have been paid to him personally. Which means that if the fee was to the DJF instead, it was done in error. Which will be an absolute nightmare to litigate and undo. Even for a couple hundred bucks. Russel of course, being a petulant retard has no comprehension of what he has just done because he simply filed in Federal Court a motion for Debtor Examination.

The cost of which can easily run in the quadruple digits for basic shit, and more complicated stuff can hit 5 figures easily. Even if the situation is fairly straight foreword. Something like this is usually done at the END of the case, where all sides agree on the final adjudication and the costs of the matter. Russel has motioned, as is his right, for the matter on this particular debt to settled now. So I hope he thought this through thoroughly and has at a minimum $5,000 on hand if his motion fails expeditiously. That is to pay for 10 hours of Hardin's time, at $350 dollars per hour, the filing fees, and various minor fees and sanctions.

 

[Useful_Mistake]

Edit: extension was granted already, fair enough. This case has me hyper blackpilled about yet another legal screwing.

Posting screencap:

 

[The Man With No Name]

Not surprised the extension was granted quickly. Judge probably doesn't want to be fucked with reading anything around the holidays, he'll be down on the beach in Acapulco with a few cervezas for the next few weeks, not thinking about Russ.

Now Russ, where are those witnesses? Your deadline didn't change.

 

[The I Scream Man]

With the understanding that I ain't a lawyer, just have a shitload of courtroom experience (as both sides):

In my experience fees awarded on appeal for a case that gets remanded back to a lower court aren't due until the original case is concluded, kind of like how a junior lien on a mortgage isn't due to be paid until you refi or sell

I've been party to a case where the appellate fees were awarded to the primary plaintiff immediately but that was due to extraneous circumstances, so who knows

 

[Bogliacci]

Not surprised the extension was granted quickly. Judge probably doesn't want to be fucked with reading anything around the holidays, he'll be down on the beach in Acapulco with a few cervezas for the next few weeks, not thinking about Russ.

Now Russ, where are those witnesses? Your deadline didn't change.

If it's anything like at the beginning of the year, the deadline has just shifted to Jan 15th, 2025 for him.

 

[CEO of Gay]

It worked, though. The request was granted:

In hindsight, this seems like this like an easy win. I highly doubt the judge wants to be touching this case any more than he has to close to Christmas, either.

 

[Bogliacci]

With the understanding that I ain't a lawyer, just have a shitload of courtroom experience (as both sides):

In my experience fees awarded on appeal for a case that gets remanded back to a lower court aren't due until the original case is concluded, kind of like how a junior lien on a mortgage isn't due to be paid until you refi or sell

I've been party to a case where the appellate fees were awarded to the primary plaintiff immediately but that was due to extraneous circumstances, so who knows

Russ must have been saving this like a card up his sleeve just in case his RECALCITRANT antics get to the point where sanctions are being discussed without realizing when this would actually be paid. This SHOULD create a massive problem for him but I'm betting because he's Pro Se the Judge will just give him another slap on the wrist since "Ooooh how could he have known this wasn't something to be paid yet???"

 

[Dr. Henry Armitage]

The Holly Jolly Hardin Vs Russell "The Grinch" Greer

 

[Debbie Macomber]

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Hardin hits the nail on the head by pointing out Russ was the one the Judge was just threatening to sanction and ordered to explain why he shouldn't be, and Russ knows he can't afford it, so his only response it "THEY OWE ME MONEY TOO!" in the hopes they cancel out