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 33.4%
  • Whenever he issues an update to the sanctions

    Votes: 110 24.0%

  • Total voters
    458
Mr. President, a court filing has hit the docket

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EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE *inhale* EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
 
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EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE *inhale* EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
ORDER ATTACHED BITCHES

From a quick skim:
1) HARDIN'S FEES FOR GREER'S DISCLOSURE DISCOVERY VIOLATIONS WERE GRANTED IN FULL. Greer's excuses were all dismissed as meritless and Hardin has until 28 January 2025 to submit his expenses to Greer. The timetable from there goes 14 days to stipulate to award -> if (when) that breaks down Hardin has 14 days to file his request for fees with the court and Greer has 7 days to respond. Assuming these are all in calendar days and federal holidays do not 'pause' the clock this would correspond to an 11 February deadline for Hardin to file his request with the court and an 18 February deadline for Greer to respond.
2) A footnote on Page 5 (of 6, is Judge Bennett in on the joke?) addresses and dismisses the claim Hardin breached the protective order
3) Judge Bennett deferred any ruling on Greer's claim he has complied with Rule 26 because of last week's meet and confer to resolve discovery disputes
4) The order is silent on Hardin's request for further sanctions including case-ending sanctions.
 

Attachments

Last edited:
Based upon the court’s review of Mr. Greer’s response to the court’s order to show cause, and for the reasons explained below, the court orders Mr. Greer to pay Defendants’ reasonable expenses, including attorney’s fees, related to Mr. Greer’s failure to disclose or supplement as required by Rule 26(a) or Rule 26(e).

Truly a thing of beauty. He lays it all out, including Greer's fucktardery re: the SPO, and so politely.

The footnote at the end, though, makes me think he has not reviewed the last couple of days' worth of filings:

As to Mr. Greer’s position that he has fully complied with his obligations under Rule 26 and that further production would be unduly burdensome, the court makes no conclusion at this time as the parties represent they are conferring pursuant to DUCivR 37-1(a) regarding any further discovery dispute.

They're not still conferring, they already conferred (for twenty whole minutes!) and it resulted in another shit sandwich. But the judge might have seen them on the docket and decided he needs a cocktail or three before he dives into them.
 
I like that the judge is pretending to entertain the notion of plaintiff and defendant coming to agreement over those costs like two adult professionals

I like (hate) that every order has to footnote the stupid Florida court bounceback, just to rub it in.

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ORDER ATTACHED BITCHES

From a quick skim:
1) HARDIN'S FEES FOR DISCLOSURE VIOLATIONS WERE GRANTED IN FULL. Greer's excuses were all dismissed as meritless and Hardin has until 28 January 2025 to submit his expenses to Greer. The timetable from there goes 14 days to stipulate to award -> if (when) that breaks down Hardin has 14 days to file his request for fees with the court and Greer has 7 days to respond.
2) A footnote on Page 5 (of 6, is Judge Bennett in on the joke?) addresses and dismisses the claim Hardin breached the protective order
3) Judge Bennett deferred any ruling on Greer's claim he has complied with Rule 26 because of last week's meet and confer to resolve discovery disputes
Whilst it's not exactly case-ending, and discovery costs are probably a fraction of Null's entire legal bill, it's a start. This assumes that it's possible for Hardin to collect from Russhole, and I can't see that process being easy.

tbh I'm shocked that the judge smacked Russhole so hard on the pee-pee, but I guess hand-waving such wilful and recalcitrant behavior that's disrespectful to both the Defendant and the Court would be beyond the pale.

I'm looking forward to Russhole's next Motion to Undo The Thing That Already Happened.
 
Whilst it's not exactly case-ending, and discovery costs presumably form a relatively small part of Null's entire legal bill, it's a start.
I can’t imagine they’ll be cheap, and when compared to Russ’ sunk cost of…. Nothing… it may dissuade him from pursuing the case further when he’s at risk of accruing more costs the judge will make him pay.

But then if he drops the case, I doubt that’ll look good on the question of whether or not Russ is a vexatious litigant.
 
In his response to the court’s order to show cause, Mr. Greer asserts that the court should not order the payment of fees under Rule 37(c)(1)(A) because:

(1) the parties have now agreed that Mr. Greer will call no witnesses in this case, so the issue of Mr. Greer’s nondisclosure is moot;

(2) Mr. Greer’s original nondisclosure of witnesses was justified because the witnesses did not want to participate in this case;

(3) before the filing of Defendants’ motion, Mr. Greer had complied with Rule 26(1)(a)(ii) by providing Defendants with examples of emails Mr. Greer had received from Kiwi Farms users and stating that “[t]here are not any documents in [Mr. Greer’s] possession that would need to be provided . . . aside from just the many harassing messages and examples of copyright infringement done by the nefarious individuals on Kiwi Farms”; and, lastly,

(4) providing Defendants with “every single message he has received and every single evidence of infringement” would constitute an undue burden under Rule 26(b)(2)(B).

Well gosh, judge, when you put it that way, it sounds pretty fucking retarded, doesn't it?
 
Hardin had to do a lot of diary opening, sleuthing and waiting around to wrangle these "witnesses".

I suppose I'm about to find out how much that all costs. :story:

Your filing about the true meaning of Christmas and now this has completely eradicated my post-holiday blues. Thank you for your service, Mr Hardin.

ETA: How does this affect the proposed financial audit of Hardin because my boy Rusty is itching to take a working girl out for a burgie?
 
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