Don't mind me, just uploading the Magistrate Judge's ruling on the motion to compel.
Hardin got what he wanted:
CONCLUSION AND ORDER
Therefore, it is HEREBY ORDERED that:
1. Defendants’ short form discovery motion to compel Mr. Greer to comply with
Defendants’ First Request for Production is GRANTED.
2. Mr. Greer shall produce a copy of the restraining order filed against Mr. Moon in
2018 in Utah to Defendants on or before February 24, 2025.
3. Mr. Greer shall submit briefing on the issue of Rule 37(a)(5)(A) fees on or before
February 24, 2025
But sadly the Magistrate did not give us a six-page ruling this time around.
Highlights:
* Greer never responded to the motion for short form discovery, so it was granted as a default.
* The Judge is getting snarky and uses Greer's own words as proof the restraining order he offered to send (but never did) as proof it is relevant.
* This is being treated as a discovery violation, and Greer has two weeks from today (so due date 24 February 2025) to file a briefing showing why he should
not be ordered to pay Hardin's fees. I for one am looking forward to Plights 2: Electric Boogaloo. The briefing is capped at five pages and there is no mention of Hardin having an opportunity to respond.
* The wording is a bit clunky - the only specific production the Magistrate ordered was for the restraining order, but the underlying motion by Defendants (ECF #219) cites it as just one piece of proof that Greer has not complied with his discovery obligations.
My thoughts:
* First and foremost it looks like Hardin has learned the Magistrate Judge's game - sanctions that will (well, should) get this case to trial quicker will be granted while dismissal or exclusion of evidence ahead of summary judgment or a trial is a no-go.
* This is not the last time we will see the attempted restraining order. Assuming the docket in the main Greer thread is accurate and Russ doesn't fabricate or withhold evidence, the deputies flat-out told him they could not grant the order, let alone without giving Null the opportunity to respond, because the speech in question was most likely protected. It would fit nicely in a list of evidence this case was brought in bad faith and Gimpface needs to be designated as a vexatious litigant.
* Whether through obliviousness or fear of being overruled, the Judge is still treating this like a normal case - sanctions are not going to make Crusty Rusty behave and might even have the opposite effect, but the rulings don't reflect that.