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

[obsdj]

I have been feeling like I'm being edged on this subject for the last week straight. I may explode in a gooning frenzy here soon if I'm not sated with a new filing.

Well the 14-day stipulation/negotiation countdown started on the 28th, though at the time everybody was telling me "No waaaaay, it starts whenever Hardin gave him the numbers, so it probably started on Jan. 14th" and yet here we are. I still think it's running on the deadline dates given by the judge, so the fourteen days don't end till Tuesday Feb. 11th. Then Hardin will file the numbers with the court, starting the seven-day response filing window for Greer.

Except, dammitall, the damn District Judge still hasn't ruled on the damn stupid objection for some damn reason even though the damn stupid objection was filed over two weeks ago, what the hell is the damn delay on that? Is the damn District Judge waiting until the last damn day of the deadlines himself so that Greer can't claim he rushed to judgment or some damn stupid shit?

 

[Bridgeburner]

Russ is just gay tho. Like he's admitted to jacking dudes off for rides to brothels and shit.

Don't forget he also hired male hookers to tickle him.

 

[StinkySnack]

Don't forget

I think many here tried to, but thanks for the reminder.

The thought of that hairy, naked, misshapen, balding goblin rolling around in bed hacking up spittle, mucus, and God knows what else, all the while some loose-sphinctered monkey pox ridden boy-whore tickles him in all of his crevices will never cease to be funny.

 

[ConSluttant]

I think may here tried to, but thanks for the reminder.

The thought of that hairy naked misshapen balding goblin rolling around in bed hacking up spittle, mucus, and God knows what else while some loose-sphinctered monkey pox ridden boy-whore tickles him on all of his crevices will never cease to be funny.

That did it. I am no longer aroused at the thought of a filing today. This is just... vile. Thank you for sparing me from a gooning session. Much appreciated. I think.

 

[StinkySnack]

Thank you for sparing me from a gooning session.

Really? I would have hoped my post would encourage one.

 

[Napoleon III]

This case does seem to have slowed down a little bit which is good and anytime this case seems to behave like a normal case is good.

Except, dammitall, the damn District Judge still hasn't ruled on the damn stupid objection for some damn reason even though the damn stupid objection was filed over two weeks ago, what the hell is the damn delay on that? Is the damn District Judge waiting until the last damn day of the deadlines himself so that Greer can't claim he rushed to judgment or some damn stupid shit?

Does the District Judge even have to rule on an objection or can he just go no thank you? What I have read suggests the judge does have to rule but I could only find stuff for during a trial or during a deposition. I'm not sure for objecting to a ruling.

 

[DavidS877]

This case does seem to have slowed down a little bit which is good and anytime this case seems to behave like a normal case is good.


Does the District Judge even have to rule on an objection or can he just go no thank you? What I have read suggests the judge does have to rule but I could only find stuff for during a trial or during a deposition. I'm not sure for objecting to a ruling.

He might just be waiting until the parties meet about the sanctions. I expect those meetings are very productive.

Hardin: "Here's my bill."

Greer: "I objected to this, I'm just going to ignore it until the District Judge rules."

 

[ConSluttant]

This case does seem to have slowed down a little bit which is good and anytime this case seems to behave like a normal case is good.


Does the District Judge even have to rule on an objection or can he just go no thank you? What I have read suggests the judge does have to rule but I could only find stuff for during a trial or during a deposition. I'm not sure for objecting to a ruling.

A judge won't rule on an objection. They rule on the actual motion, taking into consideration the motion, the objection and the reply. That being said, I have seen some motions languish for MONTHS. Not every motion deserves the same attention to some judges. Other judges like to yeet things off their decision plates as quickly as possible.

Edit: Oh wait! I get what you mean. Russ's "objection" isn't proper, actually. At least I don't think so. He should have filed a motion to reconsider the sanction or appealed the sanction to a higher court through an interlocutory or something like that if the rules allow it. Just filing an objection means the judge can just ignore it from what I understand.

 

[obsdj]

He might just be waiting until the parties meet about the sanctions. I expect those meetings are very productive.

Since Greer's objection (which was not filed as a motion, but apparently he's allowed to use whatever words he wants) is to the fee sanctions in the first place, it seems like the District Judge should rule on that objection prior to further proceedings on said sanctions. Especially if he decides to side with the retard. If they go through the motions of Hardin submitting the affidavit and cost memorandum, and then Greer taking seven more days to sperg out a response, and then the Magistrate doing math to decide how much Greer actually owes, and THEN the District Judge finally rules and maybe decides Greer doesn't have to pay after all, it was not only a waste of judicial time and resources but another potential overruling of the Magistrate to piss him off even further.

 

[D. Krauser]

Since Russel filed his undo the thing as a straight objection instead of a motion that means it can just be ignored by the judge? Also since this is an objection did he have to follow one of the standard grounds to objecting (relevancy, foundation, etc) instead of his plightsperging? Would the judge or clerk of let him know if he is wasting his time with the embarrassments he continues to clog the docket with?

My understanding of the law comes entirely from media I consume so forgive any retardation present in my question, and if the answers or question are too helpful to Greer please smite this post, thank you.

 

[reptile baht spaniard rid]

In general “pro se retard filed a boggle instead of a coggle” is the type of things the court is supposed to be lenient on.

 

[Dizzyuntildeath]

I think many here tried to, but thanks for the reminder.

The thought of that hairy, naked, misshapen, balding goblin rolling around in bed hacking up spittle, mucus, and God knows what else, all the while some loose-sphinctered monkey pox ridden boy-whore tickles him in all of his crevices will never cease to be funny.

When Russell's OF content drops I volunteer you to be the man who gets sent in and tragically gets trapped inside. Was nice knowing you.

 

[cromit]

An objection, as far as I understand it, was proper. Sanctions came from the magistrate, who makes recommendations to the district court judge (his boss), who then enters an order, usually based entirely on the recommendations. Russ objected to the district judge entering it as-is, or indeed at all.

Not like it’ll do much good because he’s just iterating facts that have been found to be exactly the opposite as he states, and has really given no reason not to just enter whatever the magistrate says.

 

[Useful_Mistake]

Since Russel filed his undo the thing as a straight objection instead of a motion that means it can just be ignored by the judge?

No. The District Judge has to rule on the objection.

Also since this is an objection did he have to follow one of the standard grounds to objecting (relevancy, foundation, etc) instead of his plightsperging?

He can object on the ground that the Magistrate's order was "contrary to law or clearly erroneous". That argument is then considered and either sustained or overruled.

Russ objected to the district judge entering it as-is, or indeed at all.

The District Judge entered no sanctions.

 

[cromit]

The District Judge entered no sanctions.

Yeah, Russ objected to the district judge entering the magistrate’s original recommendation of sanctions. District judge now has to consider whether anything Russell said is a valid attack on the recommendation, or whether he will overrule them and enter the sanctions as-is.

 

[obsdj]

Yeah, Russ objected to the district judge entering the magistrate’s original recommendation of sanctions.

The Magistrate didn't recommend anything, he ordered sanctions. Greer objected to the sanctions order, and he directed his objection to the District Judge, going over the Magistrate's head.

 

[Useful_Mistake]

Yeah, Russ objected to the district judge entering the magistrate’s original recommendation of sanctions. District judge now has to consider whether anything Russell said is a valid attack on the recommendation, or whether he will overrule them and enter the sanctions as-is.

The sanctions are already in place entered by the Magistrate Judge. Those sanctions were in his authority to issue, needing no go-ahead or any action from the District Judge. The only thing left (if not overruled) is for the Magistrate to determine the amount (if Russ and Mr. Hardin do not come to an agreement on that matter). That, too, is within his power to determine.

 

[AnOminous]

He will try, but fail. And quote the case about the pufferfish ball of smoke.

It's Carbolic Smoke Ball. He definitely should cite it for why Null should have used disclaimers. I sometimes think they pick those textbook cases out for the same reason as people laugh at lolcows.

Does the District Judge even have to rule on an objection or can he just go no thank you?

He has to address it de novo before ruling on it. This is why the whole referral to magistrate thing is kind of a waste of time with vexatious litigants, since they will just challenge each and every ruling that doesn't go their way every time, and now you have to have two judges doing basically the same work.

This is especially annoying and costly for adverse parties who end up sometimes even having to have yet another evidentiary hearing on something that has already had one (although it is more common for the District Judge to rely on the factual record generated by the magistrate judge).

 

[Justice Tony]

It's Carbolic Smoke Ball. He definitely should cite it for why Null should have used disclaimers. I sometimes think they pick those textbook cases out for the same reason as people laugh at lolcows.

Carbolic Smoke Ball? Is that a party in the case and is it worth a read? Like is it funny? I can't seem to find it.

 

[Napoleon III]

He has to address it de novo before ruling on it. This is why the whole referral to magistrate thing is kind of a waste of time with vexatious litigants, since they will just challenge each and every ruling that doesn't go their way every time, and now you have to have two judges doing basically the same work.

Hmm interesting that seems to suggest there is a possibility of this case getting another new judge at some point. Although according to your analysis if the district judge does become the new judge that means things will really not be going well for Greer.

My hope is that part of the reason the judge hasn't responded is that he is taking his time reading this case. Likely if you were judging whether sanctions were valid you'd need to look at the long term behavior of someone. Perhaps that is a reason for optimism?