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

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

  • This Month

    Votes: 67 14.6%
  • Next Month

    Votes: 55 12.0%
  • This Year

    Votes: 73 15.9%
  • Next Year

    Votes: 153 33.3%
  • Whenever he issues an update to the sanctions

    Votes: 111 24.2%

  • Total voters
    459
Russell still hasn't figured out what he's done with that stipulation agreement. Had he watched Sean's stream instead of striking it he would know.

Now he makes the same mistake in his solo Show Cause motion, so now I feel confident in just pointing it out in absolute terms as he's fucked himself on it twice now.

When Russel is filing Pro Se, he's acting as his own lawyer. But if he wants to give evidence testimony on the fact of his case he has to be a witness. These are two DIFFERENT roles. By stipulating with Hardin that there are no witnesses, and explicitly confirming this on his own in his show cause filing, Russel cannot testify or provide any evidence. He's not a witness.

Which is a death blow. If the plaintiff himself says he possesses no evidence of the infringement to which he's even suing, the case is toast.
 
I do hope we get a polite, SUCCINT filing from Hardin in which he points all these things out. The judge's prior findings that Greer's BS was willful. Greer's blatant disregard for the court order and his outrageous claim that said disregard was "justified." His improper attempt to introduce testimony via filings while continuing to refuse to produce actual evidence. The months and years Greer has dragged out these proceedings with lies and delays, repeatedly and persistently abusing the court's process. It should all fit nicely on no more than two pages, giving respect to the colossal amount of time Greer has already wasted from everyone involved.
The appeals court basically sent this case back with a sticky note of "This man has a case, the DJF says so", so the judge is bending normal procedure to get Russell to try and produce anything that they can go on.

I'm also convinced the reputation that the Kiwi Farms has (I'm talking about the summaries you would find on Wikipedia, not the whine-fests Russell perpetually inserts into his filings) put Josh on a back foot in terms of opinion to the judge, so he would not be terribly interested in swiftly shutting down what should be becoming apparent to be a vexatious lawsuit. The process can be a punishment, after all.
 
Russell still hasn't figured out what he's done with that stipulation agreement. Had he watched Sean's stream instead of striking it he would know.

Now he makes the same mistake in his solo Show Cause motion, so now I feel confident in just pointing it out in absolute terms as he's fucked himself on it twice now.

When Russel is filing Pro Se, he's acting as his own lawyer. But if he wants to give evidence testimony on the fact of his case he has to be a witness. These are two DIFFERENT roles. By stipulating with Hardin that there are no witnesses, and explicitly confirming this on his own in his show cause filing, Russel cannot testify or provide any evidence. He's not a witness.

Which is a death blow. If the plaintiff himself says he possesses no evidence of the infringement to which he's even suing, the case is toast.
80% chance the judge allows a do over on the stipulation. but that depends on what the judge's response to the show cause motion is first.
 
Russel's clever strategy has come to fruition, everyone who's ever mailed him a picture of Hitler has been proving the contributory copyright claim!

Also him wasting everyone's time is moot because it ended up not mattering after Hardin put in hours of work to figure out his bullshit only for him to withdraw his witnesses at the last second. Totally not a waste of everyone's time.

Really hope the Judge tells him off for this shit.

it somehow shows a mind to infringe somehow. what's the reasonable standard for making fun of an internet personality/public figure anyway?
Greer will argue that someone thinking about his work without paying him is as good as stealing it from him and mugging him on the street.
 
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Hold on...What am I missing?

Greer can not testify.
Greer has submitted no evidence of copyright infringement, contributory or otherwise.
Greer has no witnesses to testify to any infringement.

So there IS no case. One would think Russ would at least would have submitted.....never mind, I don't want to help him but you get where I am going.

Am I missing something? What is left of this case other than a steaming pile of plights? How can it continue?
 
View attachment 6782215
So is this really it? The evidence of contributory copyright infringement that he must provide, but still refuses to, are examples of people making fun of him?

Hold up. He already admitted there are no witnesses, no testimony, and no documents.

Is Greer explicitly telling the court literally the only evidence in this lawsuit are pictures of Hitler?!?
 
I don't follow Greer too closely (the court's tolerance of Greer's rampant abuse of the judicial process make me MATI) but this is a genuinely fascinating filing.
-both sides have agreed that there are no witnesses to be called, including me, Russell Greer (I guess he was so busy play-acting at being a lawyer that he forgot he was also the plaintiff) but please don't end my case because I have an inbox full of mean emails!!!
 
Hold up. He already admitted there are no witnesses, no testimony, and no documents.

Is Greer explicitly telling the court literally the only evidence in this lawsuit are pictures of Hitler?!?
Greer is absolutely gonna do the Santa Claus defense in court with a sack of pictures of Hitler.
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Is Greer explicitly telling the court literally the only evidence in this lawsuit are pictures of Hitler?!?
Don't forget his hurt feelings and all his plights, which are certainly all rooted in the dastardly contributory copyright infringement from THE HARDSHIP, and definitely not the result of his own fucking retarded actions.

Edit: oh right..he can't actually testify about those, can he? :story:
 
Hold on...What am I missing?

Greer can not testify.
Greer has submitted no evidence of copyright infringement, contributory or otherwise.
Greer has no witnesses to testify to any infringement.

So there IS no case. One would think Russ would at least would have submitted.....never mind, I don't want to help him but you get where I am going.

Am I missing something? What is left of this case other than a steaming pile of plights? How can it continue?

He stated in the latest filing that he sent 'some evidence' to the defendants.
 
Yeah Rule 37 doesn’t talk about sanctions being mooted by compliance. It only talks about failure to disclose or comply with court orders being sanctionable. I can find no case saying that compliance moots any discovery sanction, which makes sense because the failure itself is one of the problems being punished. That failure is not mooted by future compliance. Otherwise everybody would refuse to comply and then do it just moments before sanctions are imposed months later, saying “you can’t touch me judge, I complied eventually and mooted all the issues caused by me fucking with the court haha”.
 
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