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

[HTTP Error 404]

... What are the odds Russhole thinks he gets a say in what a "reasonable fee" is?

 

[Magnificent Penis]

... What are the odds Russhole thinks he gets a say in what a "reasonable fee" is?

Technically he does have a say in it, so let's hope whatever it is he says is so retarded and insulting that the judge just awards whatever Hardin asked for on the spot without much dancing around.

 

[AnOminous]

This is what all this "meet and confer" process is supposed to be about. If something gets missed and is quickly corrected, no harm no foul. Worst case both parties will request a little more time to sort it all out.

You're almost never going to be sanctioned for an innocent mistake. Russ didn't just make an oopsy, he deliberately and maliciously did this on purpose despite repeated warnings by the court using increasingly ominous language.

Once the court is using words like "recalcitrant" about you, the gavel is coming down on your head if you don't shape up.

 

[Pim Fortuyn]

Buckman stared at him in disgust. “Agent Rodriguez, may I remind you that, less than 24 hours ago, your wife gave birth to your first daughter.”

Please write a book, I'd happily spend money to read more.

 

[Lapsus of the bepsus]

i think its gonna be a few days before we see a responsperg from russhole. first hardin will approach him about the matter and deliver his cost estimate after which rusty will file a motion for sanctions crying that hardin is trying to extort and ruin his life with unreasonable demands or some bullshit like that. then hardin will be forced to respond and attach his cost breakdown before the 2 week window is up. once again nothing ever goes as the judge would like to think it will. as for the eventual ruling, i forgot my crystal ball in the attic

 

[CEO of Gay]

Buckman stared at him in disgust. “Agent Rodriguez, may I remind you that, less than 24 hours ago, your wife gave birth to your first daughter.”

I did not know I needed Greer fan fiction in my life, but I am here for it.

 

[ZipDisk]

I hope he gets dinged $100 for every time he referred to opposing counsel as "Matt". This is not a customer service interaction, and the melting manakin is not at Burger King. He does not get to have it "his way".

 

[Bridgeburner]

Yeah, I don't think Greer realizes how much it will be. He's probably thinking about the court fee for filing the documents and that's about it, maybe another $10 an hour of time, and since Hardin is a professional lawyer all the stuff he's filed probably only took a couple hours total. Hardin said he didn't charge Null for the missed meetings, so those won't be included.

I bet Greer thinks it'll be around $100 tops, and it'll get deducted from what Josh owes him, but Josh will still owe him so not much changes from Greer's perspective. We won't see the Greer spergout until after he sees what the damages are.

He already got slapped by lawyer fees once before and it was $1500, if I remember correctly. I'm guessing he expects about the same.

 

[The Great Citracett]

He already got slapped by lawyer fees once before and it was $1500, if I remember correctly. I'm guessing he expects about the same.

And just like that time, he's going to insist he was once again unfairly "fined by the court" and still be crying about it years later.

 

[Irene and 22 others]

It doesn't really matter. All those legal activist organizations who do it for free for their clients? They get to collect fees too. The issue is something called quantum meruit, and it's the value deserved for the work done. Whether the client paid for any or all of it is almost immaterial.

I'm assuming that the judge has some say in what fees are actually awarded as there's a question of the actual value of the work done. Some lawyers might think that the work they've done is considerably more valuable that what it might be regardless of what the client was billed. What factors influence how a judge would rule regarding fees?

For example, if Null has been paying Hardin for work done so far and can present receipts that show this has already cost him several thousand dollars, would that make a judge more likely to award what has been asked for in fees? Similarly, are there things that Greer could hypothetically do (I'm not asking you to list them since he may be reading the thread) which could also influence any decision the judge makes?

 

[Jacknife]

For example, if Null has been paying Hardin for work done so far and can present receipts that show this has already cost him several thousand dollars, would that make a judge more likely to award what has been asked for in fees? Similarly, are there things that Greer could hypothetically do (I'm not asking you to list them since he may be reading the thread) which could also influence any decision the judge makes?

I think it is highly unlikely that receipts from Null will be needed, Null has called Hardins rates very kind.

So most likely even the lower limit that a lawyer can reasonably expect for that amount of work is higher than was charged to Null

 

[Lapsus of the bepsus]

I'm assuming that the judge has some say in what fees are actually awarded as there's a question of the actual value of the work done. Some lawyers might think that the work they've done is considerably more valuable that what it might be regardless of what the client was billed. What factors influence how a judge would rule regarding fees?

For example, if Null has been paying Hardin for work done so far and can present receipts that show this has already cost him several thousand dollars, would that make a judge more likely to award what has been asked for in fees? Similarly, are there things that Greer could hypothetically do (I'm not asking you to list them since he may be reading the thread) which could also influence any decision the judge makes?

what null has paid hardin is largely irrelevant, what matters is hardin's own "reasonable" asking fee for the time he wasted on rusty's bullshit. if russ and hardin can't agree on an amount the judge will decide based on hardin's cost breakdown but he can push it up or down from there of course
a lot has been said about this over the last ~5-10 pages itt

 

[kcbbq]

I think it is highly unlikely that receipts from Null will be needed, Null has called Hardins rates very kind.

So most likely even the lower limit that a lawyer can reasonably expect for that amount of work is higher than was charged to Null

It makes no difference what he's charged Null. It makes no difference what he ethically felt he could ask Null to cover because in isn't fair to charge the client because their opponent was deliberately wasting their time. What matters is what was wasted at this point and what they could have reasonably got for their time, anyone else's time like paralegals. If a private investigator was needed because of the bad behavior of the opponent during discovery that can be reasonably be recovered. Wasted filing fees can be recovered. Travel time and expenses, whatever it takes to repair the damage done. It has to fit inside the bounds the judge set, but it's an attempt to undo the unfairness. It doesn't matter if it's more than any judgement would have been in the case if the offending party fucked up badly enough, like the whole "pay Quasi" happening was.

It's probably not an insane amount but it will be significant, especially when the judge was going back over half a year and more than 80 filings in the docket in his reasoning in the order.

 

[Sexy Senior Citizen]

I think we're all missing the forest for the trees here: Null will reimbursed, courtesy of Russell Godfrey Greer. The exact amount is irrelevant, since Russell will throw a tantrum regardless if it's $10 or $10,000. Null's fundraiser was not in vain. And Russell is once again the author of his own suffering.

 

[Useful_Mistake]

Dude you are fucking awesome; every time I pop into one of these threads it's always you sharing stuff for everyone. Thank you.

You're welcome

I'm assuming that the judge has some say in what fees are actually awarded as there's a question of the actual value of the work done.

Indeed. The judge has discretion to play around with the numbers a bit; he can increase or decrease the number from what Mr. Hardin asked. See, broadly, ARUP Labs. v. Pac. Med. Lab., 2:20-cv-00186 (D. Utah Aug. 25, 2023) (also Stella v. Davis Cnty., 1:18-cv-00002-JNP (D. Utah Aug. 18, 2023))

Now, good friends, what is it that the 10th Circuit has instructed the lower courts to be a reason enough to increase the attorney fees? Well, one of the accepted reasons is whether or not the plaintiff "was confronted with a real risk of not prevailing." To be clear, this is not a hindsight review, but one based from the facts and law as it were when the suit was filed. Whether any facts at the core of the case were disputed (oh, say for example, whether the book ever was on KF) is also a factor in considering. Though, this is something Mr. Hardin would have to make an issue of. See, broadly, Homeward Bound v. Hissom Memorial Center, 963 F.2d 1352 (10th Cir. 1992)

Generally, Lodestar method is used (i.e multiplication of a reasonable hourly rate by a reasonable number of hours expended.) On a first-foot basis, "reasonable hourly rate" would be whatever Mr. Hardin usually charges, provided it is not in conflict with with rates provided by lawyers of reasonably comparable skill, experience, and reputation for similar services. See, for example, Hollaar v. Marketpro S., 2:22-cv-559-TS (D. Utah Aug. 28, 2024). Reasonable number of hours is a lot less easily defined, but if it's not something obviously absurd (for example in Vic Mignogna case the lawyer for Funimation charged the company many hours to find out if calling someone a pedophile and a rapist is defamatory per se when any and all caselaw on the issue clearly stated that it was. Those number of hours were found unreasonable, if memory serves) it will probably stick (though I make no guarantees)

 

[Bridgeburner]

With this case ending in the presumably foreseeable future, I wonder where we'll get our dose of Russell's life updates. Main Greer thread is very slow, as his only online activity is basically responding to bots on twitter. And constantly delaying his album. I feel for Null for going through this ordeal, but this thread has been invaluable for Russell's sperging. Who will he sue next?

 

[Warm Lasagna]

Who will he sue next?

Hopefully no one since he’s going to be in multi-generational debt at this pace.

 

[Not Really Here]

Who will he sue next?

He's a good boy that did nothing wrong.

On a completely different topic, entirely unrelated, I still hope Null can do a deal for Russ to pay via work contacting payment processors asking why Null, and the Farms are debanked.

 

[Belgians in the Congo]

Hopefully no one since he’s going to be in multi-generational debt at this pace.

Thankfully he doesn't read this thread otherwise he'd know he can just sue the judge himself to have all his rulings revoked and void, pretty basic paralegal stuff really.

 

[Orange Rhymer]

Still a little confused.
Are we done with this matter? Were the previous batshit insane rulings overturned?
This case previously crapped on online freedoms - by destroying Fair Use and propping up insanity such as - "my copyright is infringed by you posting a link...".
Was that 'undone' ?

Did this judge dismiss with prejudice?