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

[Lord of the Large Pants]

Do they come with a special clear crayon?

What flavor are those? Water?

 

[reptile baht spaniard rid]

Russell tries to ignore Hardin until Hardin's repeated emails provoke him to an outburst, and usually that outburst is brief and doesn't reflect much consideration.

We’ve been told by Russ himself that he actively ignores his email for days or weeks at a time when he is expecting legal correspondence that he instigated.

Which means that he never has a Hardin email slide into his inbox; there’s just ten of them when he finally opens it.

 

[Dizzyuntildeath]

Do they come with a special clear crayon?

New color called 'Drewl'. I'll get back to you on what the Hexcode for it is.

 

[AnOminous]

6-minute increments is also standard in bankruptcy litigation.

More probatively, all the time increments are in tenths of an hour, something I somehow failed to notice the first time around.

 

[Harvey Danger]

It's not. See, broadly:

I remembered that, but since Greer's objected up to the District judge, I didn't know if it becomes appealable once he rules on it (presuming he waits until the Magistrate finalizes the amount). Maybe I'm misreading the Valentine cite, which looks like an unappealable district discovery order plus an appealable(????) magistrate sanction.

"Final appealable orders" obviously come into play once the whole suit is settled, but if Greer has to start paying sanctions before that point, I assume there has to be an appeal route of some manner, however rarely used. It would seem odd if you must start suffering a penalty before you're allowed to appeal it, even though it's to make the other party whole for your own recalcitrance. Then again maybe I'm misapplying criminal law protection principles to a civil case.

 

[AnOminous]

The award should be as sky high as possible, and in this regard I'm kind of disappointed in Hardin for not going after the maximum, because these numbers are deterrents against others wanting to vexatiously litigate against the site or null directly.

I was initially somewhat disappointed at the amount and think it could have been quadruple what it was without getting anywhere near an outrageous request, but there are a number of good reasons for it. For one, it is not the kind of amount in sanctions terms that looks like bullying the retard, something this judge seems concerned about not doing.

However, Hardin included enough factual detail in his declaration and accounting (minus the obligatory typo/math error) that if the judge felt like deviating upwards, he would have facts of record sufficient to do so without having to dig for them.

So it's an opportunity to get an idea what Bennett actually thinks. As much as we bitch about the guy here, he hasn't done anything bad enough it would get near justifying trying to recuse him, but we don't really know where he's coming from (and it is actually good for a judge to be somewhat inscrutable that way).

However, you can get a read from what they actually do. In this case, I think a downward deviation of any significance would really indicate he's still playing tard guard. Giving the asked amount wouldn't really say much. But an upward deviation really would signal that this judge has had it with Russhole's shit, so if it doesn't deter his shenanigans, the next spanking will be harder.

By the time the case reaches its inevitable end, someday, I would expect the full case's worth of fees and costs over all these years will amount to a very high sum indeed.

America really doesn't have a loser pays system. While prevailing plaintiffs usually get paid (it's statutory but permissive), defendants don't as often. It's not impossible. Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) (lawsuit against John Fogerty by his previous record label during his time with CCR for sounding too much like John Fogerty was so preposterous he was entitled to all his attorney fees).

I think that's almost precluded by the Tenth Circuit's cretinous ruling essentially saying this is a facially valid lawsuit. Judge Campbell was correct that it wasn't and the Tenth screwed the pooch horribly. That's not merely my opinion as a biased person. The one neutral observer with a law blog about IP law thought so as well.

Now, it's possible more shenanigans by Russ may trigger something justifying fee-shifting under the vexlit statute (28 U.S.C. § 1927), Rule 11, or the court's inherent contempt powers, but I wouldn't get your hopes up.

 

[Debbie Macomber]

I think that Russell will absolutely ignore it until the moment men show up at his door to drag him away to jail, or to confiscate his stuff, or whatever happens to you if you insist on ignoring this sort of thing.

Russell whined to the Judge IN THIS LOLSUIT that Skordas "waited more than a year to collect" and then sent the cops to his house with court documents, which he thought would make Skordas look bad to the Judge! "He actually collected fees he was awarded? What an asshole!"

Russell seems to think waiting a year to collect was some sort of scheme, as if Hardin should've billed him month by month, but purposely waited a year just for an excuse to send the cops. This is transparently why Russell specifically said he waited a year to start whining about his $225 printing fees from the appeals, he thought he could trap Null in the same situation, not understanding this is different because the case is ongoing

It only functions to discharge Russell's annoyance at being persistently bothered by Hardin.

Many filings ago Russ whined about Hardin's "excessive, nuisance motions" and that "These monthly notices have got to stop." Because in Russ's mind, replying to an email ONCE A MONTH is "excessive" and a "nuisance" he shouldn't have to endure!

 

[YouTube Autist]

We’ve been told by Russ himself that he actively ignores his email for days or weeks at a time when he is expecting legal correspondence that he instigated.

Which means that he never has a Hardin email slide into his inbox; there’s just ten of them when he finally opens it.

I think that Russell may see the emails arrive but refuse to read them -- the way you might walk past a sink full of dirty dishes and avert your eyes, thinking, "Fuck that, I have enough to deal with right now, I'll do it later." On the other hand, maybe Russell really does turn off email notifications and avoid his inbox for days or weeks, driven by the same avoidant motive. Either way, I'm sure that the psychological pressure gradually builds until it is discharged by a defiant email or legal filing. Either he sees the emails come in and this adds to his psychological burden, or he doesn't see the emails come in, but he knows that emails are coming in and they're probably not good, which has the same effect.

I have little tangible material to back up this speculation; it's just my hunch on the basis of what I understand of Russell's psychology.

If Russell is ever forced into engaging consistently and directly with a problem like this for an extended period, it's hard to guess how he would act. There was plenty of angry seething on display during the Erika court proceedings, but in that case he had a lawyer to spare him the burden of confronting his problems squarely. The lawyer did the work and endured the discomfort and inconvenience; all Russell had to do was refrain from obstructing him. It's hard for me to think of a documented example of Russell being forced to consistently and directly engage with a problem he wished to avoid, though maybe you can think of something.

Russell seems to think waiting a year to collect was some sort of scheme, as if Hardin should've billed him month by month, but purposely waited a year just for an excuse to send the cops.

This is a fair point. Of course, I'm sure you agree that if the collection had been performed swiftly, he would have read malicious intent into that as well. "He didn't give me any time to respond or prepare myself! He sprang it on me with no warning, that dastardly Skordas!"

I do love(?) Russ, but I have to confess I've probably forgotten more episodes than I remember from the tangled tale of his life.

 

[Debbie Macomber]

I think that Russell may see the emails arrive but refuse to read them -- the way you might walk past a sink full of dirty dishes and avert your eyes, thinking, "Fuck that, I have enough to deal with right now, I'll do it later."

Russell has complained that Hardin doesn't even give him a week to respond before filing something else.

People in the thread have said it's standard to have a 1 week deadline to reply to a filing (hence why Russell always serving Hardin a day late prejudices defendants). Russell seems to think that means he should have a whole week to reply to that motion and nothing else before any other motion comes in starting another deadline. I think this also explains what's been called Russell's theory of sequential filings, where he throws a fit every time Hardin files more than one thing at once, he thinks he should have an entire week to respond to each individual motion before having to start thinking about the next for another whole week.

In your dishes analogy, Russell probably sees an email, thinks "I have 7 days left, so I can put it off for 4 or 5 days" and is very unpleasantly surprised to come back and see MORE notices piled up without waiting the 7 days for him to finish working on the first one.

 

[Useful_Mistake]

Partial W for Greer. Greer now only owes Null 1k

 

[Dizzyuntildeath]

Partial W for Greer. Greer now only owes Null 1k
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Oh what the fuck.

 

[AnOminous]

Partial W for Greer. Greer now only owes Null 1k
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Yep, still tard guarding.

 

[Useful_Mistake]

I didn't know if it becomes appealable once he rules on it (presuming he waits until the Magistrate finalizes the amount).

It does not

 

[Farmer McColl]

Tard Guard operating at 82% capacity, Your Honor.

 

[CupONavy]

My god the judicial retard welfare from this court is incredible.

 

[McMitch]

I hope Hardin has been keeping notes so he can write a book about all this retarded shit. I refuse to believe that, even with how bad things are, this is the norm.

 

[NIGGO KILLA]

Well, let's hope he's stubborn and he'll hold his word in not paying

 

[Mr. Manchester]

After reading updates from this shit show for years I know that Russ can out-tard any guard. Nice try, Judge.

 

[Rabbi Palpenstein]

Partial W for Greer. Greer now only owes Null 1k
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Noo, Judge child, I will NOT, in fact, pay Null

 

[ConSluttant]

My favorite parts. This judge, while still tard guarding, is slapping the SHIT out of Russ.