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

[Dizzyuntildeath]

I deal with a lot of gaslighters in my career, one of the most painful experiences they have to go through is encountering people who document them. Being faced with actual proof of their lies and an inability to lie about that lie is sanity breaking for these people. Russell is one of these people, and I promise you that for the last while this case is his unending nightmare, because essentially every lie he has ever told is being examined, and since he was intelligent enough to document his own lies in a publicly accessible forums, each and every one is being brought up and he simply cannot deal with it. His illnesses are simply rejecting reality at this point. Quite literally telling a judge that he never lied about the lies he told and committed to paper, telling the judge he has no idea what he's doing when he was given video instructions a toddler with a hemispherectomy could manage. Litigation was such a bad fixation for this idiot to choose because you have to commit to your words, and if those words are willful lies, then you better be a damn good litigator. Turns out he is not. Until the judge throws him a bone and cuts him some slack this bitchfest will escalate.
How's persevering through those dumpster fires going, champ?

 

[Sam Losco]

@Useful_Mistake maybe I'm overthinking, but can you clarify the poll question? It feels like a double negative type reverse question.
If I say yes the judge will overrule, that means he's ruling against Greer right?

 

[Useful_Mistake]

If I say yes the judge will overrule, that means he's ruling against Greer right?

The question is whether the Judge will overrule Greer's objections (i.e. rule that the Magistrate was correct/justified). "Sustained in part" is if the Judge partially agrees with Greer's arguments and partially rules his way. "Overruled in part" is effectively the same. Choose the former if you think the Judge will agree with Russ more than not, and the latter if you think the Judge will agree with Magistrate more than not.

 

[obsdj]

I deal with a lot of gaslighters in my career, one of the most painful experiences they have to go through is encountering people who document them. Being faced with actual proof of their lies and an inability to lie about that lie is sanity breaking for these people. Russell is one of these people, and I promise you that for the last while this case is his unending nightmare, because essentially every lie he has ever told is being examined, and since he was intelligent enough to document his own lies in a publicly accessible forums, each and every one is being brought up and he simply cannot deal with it. His illnesses are simply rejecting reality at this point.

He really is the God Emperor of Magical Thinking, isn't he?

 

[XL xQgg?QcQCaTYDMjqoDnYpG]

If I say yes the judge will overrule, that means he's ruling against Greer right?

Yes -> Judge overrules Greer's objection
No -> Judge overrulesn't Greer's objection

 

[RodgerDodger]

By the way, the part about "not wanting the witnesses to perjure themselves" is really something. It is Greer's official position that the only way to stop his own witnesses from committing perjury is to cut their mic! This is what we brought the case back from Florida for, Your Honors. It was just so important to hear from these perjury-prone non-eager witnesses.

This right here is something that should be drilled harder down on. He feels his witnesses would commit perjury under questioning from Hardin. This means in Russel's twisted world he knows that he would be asking his family members to lie in court for him. Or he is terified that after naming them as witnesses, they will tell the truth about him. Which in Russ's mind is perjury.

But either way it shows deliberate intent on Russel's part to hide things from the court and the defendants.

 

[reptile baht spaniard rid]

I deal with a lot of gaslighters in my career, one of the most painful experiences they have to go through is encountering people who document them.

@Null there's your new KF tagline "documenting gaslighters since 2012"

 

[Debbie Macomber]

Remember, the Florida Judge sent the case back to Utah demanding the Judge give a detailed explanation other than moot, so now Russ believes every Judge owes him a written explanation of their decisions to his satisfaction or they have to do it again, like demanding the Nevada Judge give a written explanation why Scialabba V Cuellar De Osorio didn't apply to his eviction instead of just calling the broken gate a "red herring", which he whined about to the Judge originally forced to eat shit by Florida, and now demanding the Utah Judge "Conduct a Thorough Woodworker Analysis"

And when the District Judge rules against him, Russ'll file demanding he District Judge explain the decision to his satisfaction!

 

[Kosher Dill]

This means in Russel's twisted world he knows that he would be asking his family members to lie in court for him.

Or at the very least that his witnesses are just lying liars by nature and the minute they get off the leash they'll lie to the court.

 

[Napoleon III]

We're not allowed to reply unless asked for a response.

I'm seeing some people be unhappy about this.

As far as I understand this is actually a really good thing. If the judge was going to auto-rule in favor of Greer then at least Null doesn't have to pay to oppose it pointlessly. If the Judge was going to ignore Greer then Null doesn't have to pay to oppose that. If the judge actually has to weighs the arguments then Null will have to actually respond.

It is less KAHNtent sadly, but it saves money and time.

Ohhhhhh fuck me. Is the District Judge permitted to confer with the Magistrate Judge about this, or does he have to look at it with his own eyes only? If the latter, how likely is it that he would plow through the copious record of the last several years to see what we've all been dealing with that led to this?

I don't believe so.

Absolutely no fucking clue how this works in this legal system, but in every job I've ever worked, whenever you make a massive decision like issuing sanctions that will get the higher judge involved anyway, you go and ask your boss what to do. At the very least you would think about how your boss would tend to respond. Granted the Org Chart of court systems is quite strange and unclear so maybe it works very differently.

Wow, Russ is really flying close to the sun here. The audacity of telling a judge they didn't do their job right while also telling the judge that Russ is just a poor retarded nigger who just doesn't understand the complex rules (yet obviously knows them better than a judge who has been doing this for years).

Russ is basically going double or nothing on this one.

MORE SANCTIONS GANG RISE UP

This issue of sanctions has the possibility to end the case right here.

maybe I'm overthinking, but can you clarify the poll question? It feels like a double negative type reverse question.

This is confusing and it isn't even confusing because of any good reason like Latin being injected. The US Legal system is a TRAVESTY I TELL YOU A TRAVESTY.

 

[obsdj]

As far as I understand this is actually a really good thing. If the judge was going to auto-rule in favor of Greer then at least Null doesn't have to pay to oppose it pointlessly. If the Judge was going to ignore Greer then Null doesn't have to pay to oppose that. If the judge actually has to weighs the arguments then Null will have to actually respond.

I still wish Hardin could file a quick supplemental authority featuring this:

A lot of people seem to be taking Russell's word for it that he never said that his witnesses were eager to testify, but he absolutely said that. He's denying that he said it now, because Hardin pointed out Russell's earlier claim about eager witnesses when pointing out Russ' lies in a recent motion. I'm not going to go through all the recent filings to see in which motion Hardin quoted Russ, but the original Russ quote comes from his Motion to Retransfer Venue on May 20th, 2024. The relevant part:

View attachment 6889813

Greer's eyes would pop out of his head.

 

[DavidS877]

And when the District Judge rules against him, Russ'll file demanding he District Judge explain the decision to his satisfaction!

I expect the District Judge to see the writing on the wall and take some time and fully explain because he knows that Greer, being a lolcow, is going to appeal if it doesn't go his way.

 

[RodgerDodger]

So the district judge isn’t a permanent appointment? And if they’re considering the possibility of a permanent appointment, could that appointer having just changed affect his decisions around retard cases?

I have no idea how permanent appointments are decided.

District Judges are nominated by the President and confirmed by the Senate. With most of the heavy lifting in decision making being done by the White House and the Senate Judiciary Committee. At no point will any question of how a Magistrate handled the case of one retarded pro se sex pest in any way influence the President or Senate should the Magistrate be nominated for a full Federal Judges seat.

Magistrate Judges are regular hired Federal employees. They are hired for 4 or 8 year terms.

 

[Ralph Barnhardt]

A lot of people seem to be taking Russell's word for it that he never said that his witnesses were eager to testify, but he absolutely said that. He's denying that he said it now, because Hardin pointed out Russell's earlier claim about eager witnesses when pointing out Russ' lies in a recent motion. I'm not going to go through all the recent filings to see in which motion Hardin quoted Russ, but the original Russ quote comes from his Motion to Retransfer Venue on May 20th, 2024. The relevant part:

View attachment 6889813

The post with the document in its entirety: https://kiwifarms.net/threads/greer-v-moon-no-20-cv-00647-d-utah-sep-16-2020.174285/post-18406535

Also, gotta love the misspelling of 'convenience.' The way Russ has spelled it is more similar to 'connivance,' which means, "tacit encouragement or assent (without participation) to wrongdoing by another." A bit of a Freudian slip there, particularly with Russell now claiming that his witnesses are willing to commit perjury...

Just so we can have them very nicely side by side.

I didn't think it was possible for me to dislike this dipshit more than already but Russ finds a way.

 

[Dizzyuntildeath]

He really is the God Emperor of Magical Thinking, isn't he?

If you think Greer is bad, may I direct you to a former lawyer named Rekeita?
I didn't expose my kids to cocaine, the police did. Ok, release the bodycam footage exonerating you. I can't do that! Weirdos will see my keeds!
There may have been weapons and drugs in my master bedroom purchased by me, but I don't actually own them nor did I place them there. Ok, Mr. Rekeita, can you prove those counterclaims? lol. lmao. No.
I may be a cuck that sold his soul to experience temporary pleasure, but AARON IMHOLTE, MY EX-BOYFRIEND, TASTED MY CUM AND THAT'S WORSE. I MAY GET FUCKED IN THE ASS LITERALLY AND FIGURATIVELY BUT I'VE NEVER (willingly admit to) EAT MY CUM.
I may have had to sell my dead hooker storage property to pay off a loan I took out because I 'forgot' I had a mortgage, but Null is fat and that's a million times worse than endangering my kids!

 

[reptile baht spaniard rid]

Remember, the Florida Judge sent the case back to Utah demanding the Judge give a detailed explanation other than moot

Russ fucking completely got it backwards, too. The Florida Judge wasn't saying "explain this" but instead saying "if there's an explanation that I'm missing, and it SHOULD be transferred, please let me know". They're similar, but there's a whole world of practical difference here.

At the very least you would think about how your boss would tend to respond.

I think that's part of it (because for all the bitching about liberal/conservative/etc types of judges, for 80+% of cases they're going to rule quite similarly) but it's also going to be how it affects case load, appeals, etc for not only the district judge, but also the whole system.

As long as Russ was just "his retard" and the problems with the case were confined to his court, the damage was minimal. Russ breaking out of the containment zone and dragging in the district court (and/or the appellate court) is where real harm to the system occurs.

Up until now (counting from after the appeal) the main drain on the court system has been a clerk having to read some shit, and a judge making a ruling now and then, the kind of thing you can squeeze in whilst squeezing one out.

But Russ just pulled the big-boy chain, one that even well-paid lawyers with oiled-up and long-term clients are loath to pull. Certainly not over a fuckup of their own device.

 

[AnOminous]

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

It was with prejudice and without leave to amend as to all five causes of action (though as you said it does not matter at this point).

https://storage.courtlistener.com/recap/gov.uscourts.utd.148809/gov.uscourts.utd.148809.37.0.pdf

Not only is Greer calling the judge stupid, he's even misrepresenting the judge's own words back to him.

He's filing this to the actual judge, David Barlow. Bennett is the Magistrate Judge who has been handling the case. Incidentally, he was also the Magistrate Judge when it was Tena Campbell presiding, although she withdrew the referral when the motion to dismiss was filed in order to dismiss the case personally.

One hopes the current judge does the same since shitlips is just going to do this with anything that doesn't go his way anyway. It's often a complete waste of time to refer matters to a magistrate when dealing with a vexatious litigant because they ALWAYS do this shit.

 

[Debbie Macomber]

Up until now (counting from after the appeal) the main drain on the court system has been a clerk having to read some shit, and a judge making a ruling now and then

I doubt the Judge has read even half of the entries on this docket. I suspect he reads whatever's on top and skips the 20 between the last time he read something

This might also dovetail with others theory that we don't have an activist Judge but activist clerks. Perhaps they tell the Judge "this is what's relevant to catch up on" purposely leaving out most of Russ's insanity and Hardin's complaining about it. Maybe the reason the Judge has NEVER spoken on Russell's false addresses or consistently faulty certificates of service is because he doesn't even know those filings exist, the dropkiwifarms clerk just says "here's the highlights" and leaves out everything bad for Russ he can

 

[reptile baht spaniard rid]

It was with prejudice and without leave to amend as to all five causes of action (though as you said it does not matter at this point).

https://storage.courtlistener.com/recap/gov.uscourts.utd.148809/gov.uscourts.utd.148809.37.0.pdf

It doesn't matter, and its only out of curiosity, but I wonder if the 10th would have ruled differently had the dismissal been without prejudice.

(I suspect the above is true, even if not "activist" - the clerk summarizes the filings and says "there's sperging about addresses but I think the important parts are X, Y, Z.")

But Russ is so entertaining I find it hard to believe the judge doesn't at least peruse them on the shitter. Has to be more amusing reading than whatever shit federal judges normally have to deal with.

 

[Sweeter and Savoury]

It doesn't matter, and its only out of curiosity, but I wonder if the 10th would have ruled differently had the dismissal been without prejudice.

no I don't think so. The 10th circuits ruling wasn't really based in law, trying reading it and you'll see. Even as a lay person their legal argument about the DMCA notice was 100% bullshit.

I think no matter what way the appeal made it to their desk they were going to find a way to throw it back. Really either Josh's reputation must precede him by the proverbial mile or those sleazy copyright lawyers had some sort of insight into what the court was looking for as the judgment was legit almost insane as other legal minds have commented on (and not just on the Farms, this ruling raised a lot of eyebrows)

When Josh say's he's the Justice System's bitch he's not joking.