Lately I've been going through the main Greer thread, shitposting and getting caught up on Greer lore. Reading the filings from the America's Got Talent suit, I was struck by just how similar things read; Greer is doing
exactly the same shit as before. For those only following this case, and unfamiliar with Greer lore,
check out these filings from defense counsel from the America's Got Talent case.
A choice excerpt:
The judge said in her November order that I already satisfied a discrimination complaint. And although you say I can’t prove discrimination, the judge already thinks I have shown that. Also, the ADA statute defines discrimination as failing to make a modification to a policy or practice, which Fremantle and marathon failed to do when my contract attorney sent them a request back in April. So the best argument you have is that the release I signed bars me from suing, which I have Strong argument to show the delegation clause is unconscionable.
With that said, since my 3k dollar act was written about Heidi Klum, let’s have the show judge decide whether she likes it or not and not an arbiter or a court judge.
It’s honestly that simple
[Emphassis mine]
Greer is taking some bit of favorable ruling earlier in the case and interpreting it to mean that basically he's already won, and what the defense is supposed to do is just give him what he wants, just like now. The 10th Circuit said he'd made a possible claim of copyright infringement, so why won't just Josh settle, and delete his thread?
Or note this bit:
We have reviewed your proposed Second Amended Complaint and do not object to your seeking leave to amend your complaint to add Marathon as a party. Because this is your second amended complaint you will need to seek leave (i.e. request permission) from the Court pursuant to Federal Rule of Civil Procedure 15(a)(2). Assuming that you make no further changes to your proposed Second Amended Complaint, you may note for the Court that Fremantle does not oppose your request to amend your complaint. As per the parties’ stipulation, which was so-ordered by the court, we’d like to meet and confer with you about both Fremantle’s and Marathon’s responses to the complaint. Molly had to travel unexpectedly yesterday and today but she’ll be in touch next week.
As an initial matter, we ask again that you comply with your agreement to arbitrate this dispute. Should you continue to refuse to do so, we will have no choice but to move to compel arbitration and, in conjunction with our motion, reserve our right to seek our fees and costs in conjunction therewith, as the motion should not have been necessary. That said, should you proceed with your proposed Second Amended Complaint (“SAC”), we ask that you send us the revised draft so that we can confirm we are on the same page. We don’t anticipate any issues and will get back to you promptly.
Separately, as noted in the stipulation that was entered by the Court earlier this month, we would like to meet and confer with you about our deadline to respond to your SAC as well as your amended motion for a preliminary injunction.
Please stop threatening me with arbitration and attorneys fees. You can thank your clients for having such a vague and
confusing arbitration agreement. I am not accepting arbitration because I didn’t specifically agree to arbitrate my civil rights claims. No where in that agreement did it mention me arbitrating my civil rights. Nelson v. Cyprus Bagdad Copper Corp (9th Cir. 1997). A person signing the agreement must explicitly agree to waive the specific right in question. That is controlling law in this circuit! Your clients further shot themselves in the foot by not having any way for a person to ask a question when signing the agreement, thus forcing them in a take it or leave it position.
I have offered you the least expensive option and that is signing the stipulation to dismiss and me go on the show. Because I wrote a song about the show judge, right? So let’s have that judge decide if she likes it and not a court judge or an arbitrator like you are oddly insisting for
Your clients‘ actions with this are just further proving my point: their claims of diversity are hallow. It is so insulting for
your team to say that tons of people audition and don’t make it. Were they disabled? Did they have to invest money to
EVEN COMPETE?
Also, if they don’t want to sign the stipulation, I have a few news reporters lined up who are interested in covering this. I
know big orgs like Fremantle and Marathon hate bad publicity.
So I have the major pieces in this game of chess. Again, I ask that Marathon/Fremantle sign the stipulation and we
resolve this quietly because I’m pretty hurt by my treatment by your clients and have done my best to keep this on the
hush-hush.
[Again, Emphasis mine]
Just like now, with Hardin trying to deal with Shit Lips, defense counsel is trying to meet and confer, and Greer is blowing it off, despite court rules. And just as with Hardin trying to contact Greer about various matters relevant to the case, and Greer whining about being harassed, so similarly does Greer whine at AGT defense counsel to stop threatening him with fees. Finally, just like Greer's current filings, the smugness just oozes from the email. Just give him what he wants, already, or he'll tattle on you. In the AGT case, he threatened to tattle to reporters. In this one, he threatens to tattle to the 10th Circuit again.
I'd say there's an established pattern of behavior here when it comes to willful recalcitrance.
Russhole had better hope that his correspondence with defense counsel from the AGT case don't end up on record in this case as well. Or really, anything from his previous cases which illustrate his patterns of bad faith behavior. Such would be good defense exhibits in support of sanctions in the form of things like cost shifting, dismissal with prejudice, and declaring Russ to be a vexatious litigant.
