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

[Gulls on Film]

"Motion to Declare the Judge an Idiot". A very bold gambit, to be sure.

 

[SCV]

He can't. He lost the ability when Null responded. If he wants this dismissed, he has to beg for Mr. Hardin's permission, or for a court to order dismissal, but the court is required to deny such a motion when the non-moving party is prejudiced (like by having spent tons of money already or the moving party waiting too long to file such a request). See, broadly, FRCP 41 (a) (1) (A) and Ohlander v. Larson, 114 F.3d 1531 (10th Cir. 1997)

REALLY?! HOLY SHIT!

This whole time I've been assuming russ could drop the case and then null would need to ask for the court to agree it was frivolous to get sanctions! But this is now "I'm not trapped in here with you, you're trapped in here with me". No settlements. No dismissal. Death march to summary judgement with full costs awarded and greer declared vexatious. TGD LFG

 

[Useful_Mistake]

REALLY?! HOLY SHIT!

"The plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared."

-FRCP 41

 

[Shig O'nella]

Got to wonder if Russ realised that until now. Be amusing if this is how he finds out he's fucked.

 

[obsdj]

Got to wonder if Russ realised that until now. Be amusing if this is how he finds out he's fucked.

Remember, it was only in the last month or two that he was whining to Hardin about wanting to settle. And Hardin politely replying, “My clients don’t want to settle with you., They want to recover costs from you.”

 

[Harvey Danger]

Oh really? What template? Care to attach it as an exhibit to prove the poor little pro se plaintiff was led astray while following instructions?

What official court template looks like this?

This fucking liar can't even tell the truth about filling out forms.

 

[RodgerDodger]

My suspicion is removing the Sanctions at this point would be extremely prejudicial against the non moving party. Who has thus far been forced to pay hand over fist not simply for his own defense, but for the Plaintiff's Legal Incompetence. If anything Null has a greater case in challenging that the Sanctions did not go far enough, and should be case ending.

 

[Steve Martin Short]

Subpoena everything. Subpoena every hooker in Vegas. He's fucking around now

Let's get testimony from every ethot he's ever venmo'd a dollar. No, there's absolutely no relevance, but having all of them under oath talking about how he's just like every other creepy bridge-troll trying to get their attention, one after another for months on end would be a thing to behold. We might actually get to see trauma lumps form.

 

[ShinyStar]

Yes your honor I did indeed give defense the contract information of my witnesses but I didn't actually expect the defendant to contact them!
Greer was just expecting Hardin to take everything he's said his witnesses knew on faith alone I guess? So its obviously Hardin's fault Greer's witnesses no longer wish to testify.

Only he didn't even tell Hardin what it was the witnesses knew. Hardin was just supposed to sit there, not able to construct a defense because there was no way of knowing what he was defending against, and when Greer's witnesses finally testified in court, Hardin was supposed to just take the loss if the witnesses said something he could have disproved if he had known beforehand what impeaching evidence he should have brought.

I love how we're four months into the suit, and 7+ months into discovery, and Greer still hadn't bothered to check if his witnesses were good to testify. You know when I would have sat down with my witnesses and had a nice, in-depth chat? BEFORE I decided to file the goddamned lawsuit! It's almost like preparing evidence and witnesses is part of prosecuting a case, and Russ, for four years, has been failing to prosecute this case.

 

[Genesis Printhas]

This fucking liar can't even tell the truth about filling out forms.

DUM SPIRAT, MENTITUR
or
FALSUS IN UNO, FALSUS IN OMNIBUS

 

[Bridgeburner]

One more lie spotted: "Greer also asked to have the witnesses excluded because they all live in different states"

Oh really? Sounds almost like he knows where all of them live, despite swearing up and down that he didn't.

In this very same filing: "He sincerely, honest to goodness, does not know Nathan’s address"
Except apparently he knows it's not in the same state as any other witness.

I mean, it sounds pretty belivable that he knows he lives in Texas, but doesn't have his address.

 

[reptile baht spaniard rid]

Magistrate Judge issued the ruling. His superior -the District Judge- gets to rule on the objection

Just to think of it - the number, the simple magnitude, of judges at a federal level who have had to read some or all of this bullshit.

I’m counting upwards of six, seven, maybe more.

 

[ShinyStar]

I mean, it sounds pretty belivable that he knows he lives in Texas, but doesn't have his address.

Then Greer should have written, 'Texas,' in for the address. Whatever information he had should have been shared.

 

[SCV]

One more lie spotted: "Greer also asked to have the witnesses excluded because they all live in different states"

Oh really? Sounds almost like he knows where all of them live, despite swearing up and down that he didn't.

In this very same filing: "He sincerely, honest to goodness, does not know Nathan’s address"
Except apparently he knows it's not in the same state as any other witness.

This is a great catch.

So reading the objection here he says the hardship violated the protective order at least 3 times. This is after it's been explained to him by the judge that this is not the case. Is there a point can Hardin ask for sanctions over this? He's being blatantly falsely accused of misconduct.

Edit:

I mean, it sounds pretty belivable that he knows he lives in Texas, but doesn't have his address.

I believe in FRCP 26 disclosures you're supposed to give as much information as you have. If he didn't have their address but knew they were in texas he needed to disclose that. That is a good thought though and does make this contradiction a little bit less egregious ("I'm just a simple retard yur honah I ain't know I had to put the state if I didn't know the address").

 

[Kosher Dill]

If anything Null has a greater case in challenging that the Sanctions did not go far enough, and should be case ending.

And right after we were discussing the whole matter of his IFP status. Now that Greer's throwing it right in the judge's face that he can't pay any reasonable sanction, it's going to be that much harder to pretend that monetary sanctions will fix anything.

I mean, not that pretending has ever been in short supply in this court, but still.

 

[Pedophobe]

So much to dissect.

He also lied about Hardin publishing witnesses' contact info. In fact Hardin hasn't published anything - submitting an ECF is not publishing. What happens to those docs after the court uploads them to PACER is out of his hands.

 

[Third World Aristocrat]

Then Greer should have written, 'Texas,' in for the address. Whatever information he had should have been shared.

Yes, and in his current response to the judge's decision, he admits that he knew certain information, including what he expected his witness to testify.

Mr. Harding had repeatedly asked him to disclose this information, even sending Greer the exact text of the rules to clarify the requirement.

In his response, Greer demonstrated that he chose to ignore all that, which I would classify as recalcitrant and in bad faith.

 

[Your Girlfriend's Dad]

He can't. He lost the ability when Null responded. If he wants this dismissed, he has to beg for Mr. Hardin's permission, or for a court to order dismissal, but the court is required to deny such a motion when the non-moving party is prejudiced (like by having spent tons of money already or the moving party waiting too long to file such a request). See, broadly, FRCP 41 (a) (1) (A) and Ohlander v. Larson, 114 F.3d 1531 (10th Cir. 1997)

So I'm a stupid fucking retard, but didn't the 10th circuit remand to the district Court to dismiss with prejudice in the end, after the district Court had denied the dismissal? Or did I takeaway the wrong thing skimming through that.

I've got very little legal knowledge.

 

[Vect]

This is Cartoon Network level logic.



"Why isn't judge noticing dis? Why is Mrs. Hardin not doing what I.R. wanting?? They is calling I.R. "big dummeeee"!! I.R. WANTING JUSTICE ESTUPID JUDGING MAN!!"

 

[Useful_Mistake]

So I'm a stupid fucking retard, but didn't the 10th circuit remand to the district Court to dismiss with prejudice in the end, after the district Court had denied the dismissal? Or did I takeaway the wrong thing skimming through that.

I've got very little legal knowledge.

The 10th Circuit reversed the original dismissal, and this case got to continue. The original dismissal was without prejudice (not that it matters)