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

[DavidS877]

Russ is almost certainly going to appeal

Funniest possible outcome: Greer appeals. The Circuit court says "You know what, you're right, the district court was wrong with their sanctions, you do indeed owe the entire $6500(updated for additional filings)."

But as this is the 10th, never mind, not gonna happen.

 

[Useful_Mistake]

PayNull.lol has been updated complete with spelling mistakes

 

[DavidS877]

PayNull.lol has been updated complete with spelling mistakes
View attachment 6974798

What can I say, I'm pretending to be a lawyer.

 

[Daddy's Little Kitten]

$1,000 may seem little considering, but this is gonna cut a deep hole into his hooker fund. Also, he's fucking broke. Do we even know if he still has a place to live, or is he still living out of his car?

 

[Swole McPole]

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

Judge Barlow clearly sucks off mongs in his spare time.

On the upside though, if the replacement of an alternator -- a job that cost me about $1000 when I had it done last week -- could be responsible for Greer falling behind in his rent and then getting evicted, perhaps this will have the same outcome?

I know, I know. Send me those optimistic stickers. We can but hope...

 

[StinkySnack]

At this point, could Russ actually just bow out?

Are you people even reading this thread at all??? This has been answered so many times.

This thread would be half the size it is if people would just open their eyes and read it.

 

[obsdj]

 

[jerkstore]

View attachment 6974618


I think he might just come up with the money. If the fantasy of having a girlfriend for an afternoon is worth four grand to him, the fantasy of having a winnable case is probably worth one.

respectfully, the fantasy of having a winnable case is not enough for russ. he has complained before many times about expenses for his OWN court cases that HE started as small as the costs of printing and mailing documents. the one and only fantasy worth paying for, for russ, is that a woman enjoys having sex with him.

edit to add, why do you think he starts every case getting IFP status? he firmly believes he shouldn’t “pay a dime” because he’s the one who’s been plighted. the defendants should pay because they wronged him. the court system is free to play in his mind because he’s THE VICTIM HERE! every time, without fail.

 

[Harvey Danger]

He could also do this, I suppose, @Debbie Macomber

I don't see an objection to the amount reduction. Presumably that would be raised as part of the defense response, but if it's cut-and-dry that the prejudiced party is supposed to be made whole, shouldn't it at least be mentioned here?

 

[The Stranger]

If you think Greer will be sanctioned a single dollar you are and possibly a little

I will concede I was a little too doomer-pilled about him not getting sanctioned a single dollar, but only $1k for this degree of RECALCITRANCE is a joke.

 

[FatMan]

Funniest possible outcome: Greer appeals. The Circuit court says "You know what, you're right, the district court was wrong with their sanctions, you do indeed owe the entire $6500(updated for additional filings)."

This is exactly what I am rooting for. Please let this happen 10th, it would be so fucking funny.

 

[Pill Cosby]

if the debt doesn’t get paid, will Null sell the debt onwards?

 

[analrapist]

if it's cut-and-dry that the prejudiced party is supposed to be made whole, shouldn't it at least be mentioned here

To my understanding, it's sorta like this:

Funniest possible outcome: Greer appeals. The Circuit court says "You know what, you're right, the district court was wrong with their sanctions, you do indeed owe the entire $6500(updated for additional filings)."

Mr. Hardin has documented reason to believe Russ will appeal, so the award isn't particularly salient. Better to let Russ hang himself with the judge over the reduced amount, as is the expectation. Hardin has submitted documentation of his costs.

 

[S.C.U.D.]

Incredible that doomers can seriously read the first real Null W of the case since its resurrection and think it's somehow an L. Or maybe they didn't read it all, and just saw Useful_Mistake's post in the happenings thread and came here to complain without actually reading the order or pondering the context. Nah, there couldn't be any headline reading retards here, surely!

Let's look at the facts:
1. Every single one of Russ' complaints is rebuked.
2. Russ has to pay more than he wanted ($0).
3. Russ still has two more deadlines that he will likely blow.
4. The judge all but outright states the case will end up being thrown out and/or Greer will lose due to his own self-admitted lack of evidence and witnesses.

The only thing in this order that I think is really cringe is the judge saying it was fine for Russ to file a day late. Not that Russ needed any more incentive to keep doing that, but he will be emboldened by it. As for the fee reduction, does nobody else remember what Melinda Scott had to pay in the end? And that was for case-ending fees. Meanwhile, this $1000 from Russ is likely to be the first of many.

 

[oh no its pipkun]

I'll take your word for it, oh great slobberdog of fantastical and enduring faith.



The statute of limitations on suing him over the debt is 6 years, and they can only report it to the relevant credit agencies for 7 years.

it'll get sold to less than scrupulous debt collectors that won't care about the federal debt collection calls and call you over voip non stop.

 

[reptile baht spaniard rid]

If Greer somehow pays the $1k his IFP status should be immediately revoked. Some nigger what can pay $1k can afford filing feefeez.

 

[Friend of Dorothy Parker]

At the end of the case it could conceivably be appealed but would be subject to abuse of discretion review and that's a high bar to clear, with the court's discretion in sanctions matters being very broad.

I really don't like the reasoning of this, which seems to use punitive damages reasoning when the purpose of discovery sanctions is supposed to be compensatory.

I don't think it's reversible though, considering the court also claimed that the award was offset by apparently the exact amount of $4,369.93. I'm not sure what the math on that was.

If you're thinking of Goodyear, the Court there said sanctions should be limited to compensation, not that there can't be variation up to a compensatory amount.

There can be aggravating and mitigating factors in determining an appropriate sanction (I'm cribbing from the quickest source so can't give citations atm; it's also a list oriented to Rule 11, but the general considerations are about the same; good enough for internet work/ trust me bro):

Numerous factors are taken into account by the court in gauging the appropriate harshness or leniency of a sanction. Among the factors which the court may consider (1) as harshness in favor of, or against, the imposition of a particular sanction, or (2) in the case of a monetary sanction, in assessing the amount of a sanction, are:

a. the good faith or bad faith of the offender;
b. the degree of willfulness, vindictiveness, negligence or frivolousness involved in the offense;
c. the knowledge, experience and expertise or the offender;
d. any prior history of sanctionable conduct on the part of the offender;
e. the amount, reasonableness and necessity of the out-of-pocket expenses incurred by the offended person as a result of the misconduct;
f. the nature and extent of prejudice, apart from out-of-pocket expenses, suffered by the offended person as a result of the misconduct;
g. the relative culpability of client and counsel, and the impact on their privileged relationship, of an inquiry into that area;
h. the risk of chilling the specific type of litigation involved;
i. the impact of the sanction on the offender, including the offender's ability to pay a monetary sanction;
j. the impact of the sanction on the offended party, including the offended person's need for compensation;
k. the relative magnitude of sanction necessary to achieve the goal or goals of the sanction;
l. burdens on the court system attributable to the misconduct, including consumption of judicial time and incurrence of juror fees and other court cost;
m. the degree to which the offended person attempted to mitigate any prejudice suffered by him or her;
n. the degree to which the offended person's own behavior caused the expenses for which recovery is sought;
o. the extent to which the offender persisted in advancing a position while on notice that the position did not have evidentiary support or was not warranted by existing law or a non-frivolous argument for the extension, modification or reversal of existing law or the establishment of new law; and the time of, and circumstances surrounding, any voluntary withdrawal of a pleading, written motion or other paper.

Granted, there are (many) things in that list that could swing the other direction, but ability to pay is a recognized consideration. And ultimately, there's a wide menu of sanctions available; as the Court (and I when this first came up) pointed out, the dollar sanction was the least burdensome/ less severe than having the effect of ending the case...so limiting the amount as the District Court did blunts the argument (which Russell tried to make) that the effect of sanctions is to end the case wholesale.

I also don't see a clear violation of the rule. FRCP 37b2C says, "Instead of or in addition to the orders above, the court must order the disobedient party, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust."

Not saying I wouldn't argue it's an unreasonable amount, especially given how much Hardin already trims his bills and what he submitted, but the Rule doesn't require that the sanction amount equal attorney's fees.

 

[Null]

btw it's not $1k anymore, we've graciously deducted the $225.25 he says I owe him, so only $774.25 is left.

 

[Sweeter and Savoury]

Shows how powerful Pro Se/IFP status is that a court is willing to completely disregard its own procedural rules and bend over backwards just to help out poor little Russell . But what's even more incredible than that is that Russ is almost certainly going to appeal this according to ECF No. 229 lmao. Talk about pearls before swine.

No this case stands alone for sheer levels of retardation

See the Acerthorn (David Stebbins) who uses IFP/Pro-Se all the fucking time. In fact the were-turkey is in a lawsuit with Null right now but the judge in that case is not gargling the IFP Pro-se plaintiff's cock like this one so Mr Stabby had his shit pushed in in every single case and or motion he files because his motions are stupid, not well reasoned and frankly most lies in order to punish his critics. Sound familar?

I want to stress this case is fucking banana's in the treatment it is getting. It is 100% beyond the pale for the way Greer can fuck around and the District Judge keeps covering for him. Any other case would have been tossed (like this one was before) but obviously someone somewhere had decided that Jersh is not getting off on this one.

The real problem is that when/if Josh loses he's got no where to appeal to. The appeal court has already created a near nonsense ruling to get the case back in action again so if/when he does get a judgment for a zillion dollars Josh will have no real way to fight it.

Really Josh is this circuits nigger. and he's got very little options to fight it. When the courts themselves are breaking rules, making up shit (like fucking needing time travel to commit said infringement) and basically allowing your accuser to fuck everything up and still go "well yes but he's a retard so we will allow it even though it's improper"...what the fuck are you supposed to do?

I really feel for Josh, he's going lose this one I think just because someone somewhere high up in the 10th circuit is a troon or troon adjacent who knows about the Farms and wants to destroy him. That's the only explanation I can come up with for all this frankly retarded legal decisions.

yes I am a little MATI. The justice system should be neutral and when it gets so obviously biased I get pissy.

 

[Teshub]

I think he might just come up with the money. If the fantasy of having a girlfriend for an afternoon is worth four grand to him, the fantasy of having a winnable case is probably worth one.

If Null ever gets the money from greer he should hire a hooker and take her to a fine dining establishment such as Olive Garden. Defiantly should post the pictures of them having a good meal, after all he needs to take his mind off things in these trying times.

adding:
These federal cunts in dressed robes don't' give a shit about any of this (nor do any of the other fed shits). Or any kind of fair or just ruling unless it can advance their careers and grift at another level. They know they will still get paid the same until they fucking croak of old age and they will never be held accountable for their bullshit. Fed judged need a term limit or a recall method within the district they serve.