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

[Useful_Mistake]

Hmm interesting that seems to suggest there is a possibility of this case getting another new judge at some point.

What part of his comment suggested that?

 

[Napoleon III]

What part of his comment suggested that?

This part

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.

I guess I could have been more clear but I thought it was obvious what I meant. The way this could go is the district judge decides to take this case up personally rather than having the magistrate judge handle it then there. If Greer is enough of a retard that he constantly keeps bringing the district judge anyway the district judge might as well.

 

[Useful_Mistake]

The way this could go is the district judge decides to take this case up personally rather than having the magistrate judge handle it then there.

Unless the District Judge wants to dismiss this case, he won't do that.

 

[Imago]

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.

It's a landmark case from 1892.

https://en.wikipedia.org/wiki/Carlill_v_Carbolic_Smoke_Ball_Co

A company was selling phenol inhalers. Their advertisements claimed it would prevent the flu and offered #100 to anyone who used the product and still got sick.

A woman purchased the product, used it three times a day and contracted influenza. When she tried to collect the #100 the company refused to pay claiming user error.

She sued and won. The court ruled that the defendant had offered a contract and the plaintiff accepted by purchasing the product. The court rejected the puffery defense outright as well as rejecting the attempts of the company to add stipulations to the contract after it had been accepted by the plaintiff.

This case is widely taught and Greer must have seen it at some point in his paralegal studies. His suit claiming that Swift was had a duty to help all retards because she showed a willingness to help some might be his broken brained attempt to use this case.

 

[RodgerDodger]

Unless the District Judge wants to dismiss this case, he won't do that.

The previous District Judge did just that.

 

[Al from Dadeville]

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.

Isn't it really easy to opt out of having a magistrate judge, or does that depend on the district?
I'm guessing the competent party has their reasons for not doing that, and the retarded party clearly enjoys getting to do the time-wasting thing with two judges.

 

[AnOminous]

Isn't it really easy to opt out of having a magistrate judge, or does that depend on the district?
I'm guessing the competent party has their reasons for not doing that, and the retarded party clearly enjoys getting to do the time-wasting thing with two judges.

That's a little complicated. A District Court judge MAY refer a matter to a magistrate for nondispositive matters (things like this sanctions issue for instance) but only with the consent of all parties could the judge refer the case in its entirety (including entering a final judgment) to a magistrate.

You can outright refuse a referral of the entire case including dispositive motions. That just requires not filing a form consenting to it.

However simple that may sound, it's not. There are cases where some otherwise nondispositive motion might effectively make the final judgment inevitable and essentially decide the case (without technically being a final judgment). For instance, the magistrate judge dissolves an injunction allowing the defendant in your case immediately to demolish your planet to make way for a hyperspace bypass. If this actually happened, the whole case would be mooted. It's effectively a disposition of the case and would require the consent of all parties.

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.

It's the first hit on Google. The case isn't funny so much as its name is. It was a bogus flu remedy, they offered a reward to anyone it didn't work on, someone sued. The offer was specific enough it wasn't "mere puffery," and it established that offering a reward as a guarantee of a product's efficacy was enough to establish that someone accepting it by purchasing the product, using it, and failing to get a result would be entitled to collect.

The contract principle it is used to illustrate is "offer and acceptance," how a contract is created.

Now look up "Hairy Hand case." If you've never heard of it, it's not what it sounds like, but the fact pattern is ridiculous. It's about the amount of compensation in contract cases. Some people who have never been 1Ls but with good memories may remember it from The Paper Chase.

 

[Justice Tony]

It's the first hit on Google.

I didn't search for it on Google. It being an English case makes sense why it didn't show up. Sorry to bother you and @Imago.

 

[Debbie Macomber]

Russell says in his tattling to district Judge

By imposing a sanction of allowing opposing counsel to propose a number that could be above pro se litigant’s ability to pay, who also is in this case in IFP status, and expect payment in 14 days, that has the effect of dismissing this case.

He seems to think he can dodge paying sanctions by dismissing the case, or that if he doesn't pay up, the worst that happens is the case getting dismissed. He doesn't seem to know he can lose the case AND the debt will follow him for life

 

[Useful_Mistake]

He seems to think he can dodge paying sanctions by dismissing the case, or that if he doesn't pay up, the worst that happens is the case getting dismissed. He doesn't seem to know he can lose the case AND the debt will follow him for life

No, he's saying that the sanctions would financially ruin him to a point where he'd be unable to continue the case, thereby, "ha[ving] the effect of dismissing this case."

 

[Swole McPole]

This case is widely taught and Greer must have seen it at some point in his paralegal studies.

From the occasional text book of my wife that I'd picked up, I recall that the Carbolic Smoke Ball is one of the first cases they teach in Contract. I think a lot of wannabee law students don't get past that first chapter, so Carbolic Smoke Ball is often the only case they can cite from memory.

 

[RodgerDodger]

Russell says in his tattling to district Judge

He seems to think he can dodge paying sanctions by dismissing the case, or that if he doesn't pay up, the worst that happens is the case getting dismissed. He doesn't seem to know he can lose the case AND the debt will follow him for life

Even better. He can win the case. Get a nominal judgement of $1 or so for his worthless copyright. And still end up owing tens of thousands for the discovery fuckery.

 

[Justice Tony]

Even better. He can win the case. Get a nominal judgement of $1 or so for his worthless copyright. And still end up owing tens of thousands for the discovery fuckery.

Honestly this would be the best bet to teach him a lesson, though I doubt his copyright is even worth that much lol.

 

[But I Digress]

Honestly this would be the best bet to teach him a lesson, though I doubt his copyright is even worth that much lol.

The only acceptable outcome is for Greer to be destroyed and deeply in debt. His pitiful paycheck being garnished so hard he can't even afford to look at a lot lizard.

His head needs to be on a pike at the edge of Kiwifarm's digital borders, metaphorically speaking of course.

 

[Justice Tony]

The only acceptable outcome is for Greer to be destroyed and deeply in debt. His pitiful paycheck being garnished so hard he can't even afford to look at a lot lizard.

His head needs to be on a pike at the edge of Kiwifarm's digital borders, metaphorically speaking of course.

Right but him winning the case and still being in a shit ton of debt would be hilarious and a real kick in the balls to him. That's my point. It teaches him that even if he wins, he loses.

 

[But I Digress]

Right but him winning the case and still being in a shit ton of debt would be hilarious and a real kick in the balls to him. That's my point. It teaches him that even if he wins, he loses.

Even a moral victory is too good for Greer. Sanctions and attorney's fees should be his only reward.

 

[Justice Tony]

Even a moral victory is too good for Greer. Sanctions and attorney's fees should be his only reward.

It's not a moral victory it's the opposite

 

[Sexy Senior Citizen]

It's not a moral victory it's the opposite

Anything that does not end in both Russell being told he's wrong and Russell being forced to pay Null is not the good ending. The best ending would result in him being labeled vexatious, or at least having a court order preventing him from suing Null.

Null and this website still have many enemies. If Russ gets a moral victory, it'll only encourage him and our other enemies to fight on. We need to crush him in court as a warning to everyone else: we will fight for as long as it takes, and we will beat you.

 

[reptile baht spaniard rid]

screenshot-of-greer-behind-lawyer.jpg

You know the one. Where he’s being shit on and having to take it.

That’s the only winning option. Greer having to pay $1 a month to Null for eternity is just icing on the cake.

 

[Wahgonga]

Right but him winning the case and still being in a shit ton of debt would be hilarious and a real kick in the balls to him. That's my point. It teaches him that even if he wins, he loses.

I think I'm versed enough in Russlore to say, that he cannot be taught anything. He's so inflexible and set in his ways at this point in his meager existence that he's beyond learning. You'd have better results arguing with a concrete wall. Regardless of the outcome of this case, Russ will learn nothing.