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

[obsdj]

Let's not forget that Russel clearly has enough money in the past month to fly to Vegas and rent a vehicle

What the hell is this? He lives in Vegas. And he already rents a vehicle for his stupid Uber Chow job or whatever, right?

 

[AnOminous]

If you think an appellate court is going to give anything but the most leeway to the District Court on an abuse of discretion standard when a pro se litigant with pro se screeds are involved, you're dreaming.

I'd ordinarily agree with that, but the standard abuse of discretion review is generally based on the court having some reasoning, however shoddy, for its decision, and that it be based in at least some fashion on the facts of record. I don't think a pure asspull is subject to that.

The rule explicitly states that the fee shifting is related to the work actually done, and there's nothing even resembling a lodestar here.

Also, even if they leave it untouched (the most likely option), the litigation related to the sanctions is itself sanctionable, so at least he's reasonably likely to get fees for that as well.

I can't imagine the 10th will be amused at having their time wasted with a frivolous appeal of a routine discovery dispute fee shifting. Of course I'm assuming we don't get the same panel of Moe, Larry and Curly we got last time.

 

[Debbie Macomber]

RUSS FUCKING DID THE APPEAL!
View attachment 7081703
View attachment 7081706

Does the fact Hardin preserved his objections mean he can counterargue "No, it should've been more, but the Judge didn't even read my costs or ask defendant for a reply"?

 

[Null]

My personal favorite thing about the greer math is that the 10% he tries (fails) to make out of the $745 number is the result of us allowing him to deduct the appellate number from this, so he's not even taking 10% from the amount ordered, he's taking 10% from the remainder.

 

[obsdj]

My personal favorite thing about the greer math is that the 10% he tries (fails) to make out of the $745 number is the result of us allowing him to deduct the appellate number from this, so he's not even taking 10% from the amount ordered, he's taking 10% from the remainder.

DON'T HELP

 

[Useful_Mistake]

Does the fact Hardin preserved his objections mean he can counterargue "No, it should've been more, but the Judge didn't even read my costs or ask defendant for a reply"?

I will direct you to my response two pages back, which will direct you to Mr. Hardin's objections and the reason why he preserved them.

 

[bifftango]

The District Judge committed a reversible error in his feet sanction.

Is there something that you'd like to tell the class?

 

[Captain Manning]

You know guys, I am really starting to think the "American system" is a bust and we really do need to switch to "loser pays."

I know... I know... it's a br*tish thing, but given that the Farms only ever seems to be sued by absolute lunatics...

 

[Bill Evans 45]

clearly has enough money in the past month to fly to Vegas

Did he fly? I thought he refused to get on planes?

What the fuck are two you babbling about? Have you caught Greerism and developed trauma lumps?

Oh Russell, what have you done? Not only can he literally not get laid in a whorehouse, if you gave this man a check for a million dollars he'd loose down the back of the couch car seat ten minutes later.

 

[Swole McPole]

Good. This makes a cross-appeal pretty much de rigeur. It wouldn't have been worth niggling around with before now, so there's at least a chance the obvious abuse of discretion by the trial court will be reversed, a rational amount of sanctions actually based on a legitimate lodestar (instead of tard judge asspull) will be imposed, and Russ will also be taxed with at least the costs for his frivolous appeal.

Makes absolute sense to me. If Greer is going to drag your ass into an appeal anyway, why in God's name wouldn't you counter appeal and attempt to get the full amount of costs that the magistrate initially awarded. Slap Greer and slap that retarded judge in one fell swoop.

 

[Dizzyuntildeath]

What the fuck are two you babbling about? Have you caught Greerism and developed trauma lumps?

Oh Russell, what have you done? Not only can he literally not get laid in a whorehouse, if you gave this man a check for a million dollars he'd loose down the back of the couch car seat ten minutes later.

Someone said he flew. I figured he was still living in a parking lot in Vegas. I asked a question. Easy, tiger.

 

[BIG BILL HELL'S]

The District Judge committed a reversible error in his feet sanction.

Oh, Lord, Rusty's into that, too?

 

[Useful_Mistake]

 

[Harvey Danger]

Let's pretend we're Russell Greer, and lazily Google a case!

Spoiler: Miami International v. Paynter, 807 F.2d 871

Case link on Justia

Miami International sued their lawyer, Paynter, for malpractice. They won a $2.1 million judgement against him (ouch). Upon executing the judgement, Paynter moved for a stay and a bond for less than the full judgement amount. A discovery hearing was held, at which point Paynter was revealed as being as flagrantly retarded as Russ:

During the discovery hearing, Paynter acknowledged that: on December 23, 1985, three days after the jury had awarded the $2,100,000 verdict in Miami's favor, he had closed his bank account by withdrawing $111,865.88; after paying his personal bills, he lost between $60,000 and $70,000 gambling in Las Vegas; he closed his law office on February 12, 1986 at which time many records were destroyed; and that he had no significant accounts receivable. Although our transcript of the March 19, 1986, hearing is incomplete, Paynter's responses during the hearing indicate that he did not have any significant assets.

Paynter's malpractice insurance maxed out at $500k. The court ordered his insurance to post the full $500k into an account, along with other things like complying with discovery and not selling any assets. Miami appealed this, claiming "that Rule 62(d) requires a supersedeas bond for the full amount of a judgment as a condition for a stay of execution absent extraordinary circumstances".

The appeals court explicitly says that the lesser bond was reasonable because there was a discovery hearing that provided ample evidence that Paynter couldn't pay a higher bond, and trying to do so would ruin him. He was also under court order not to transfer any assets, further protecting Miami's interests.

Greer conveniently leaves out that ruling's precedent cite (emphasis added):

Texaco, Inc. v. Pennzoil Company, supra, ("when setting supersedeas bonds courts seek to protect judgment creditors as fully as possible without irreparably injuring judgment debtors".)

TL;DR this ruling says the lowered bond applies in cases where the debtor party has already been examined, already determined to be unable to pay, and already determined that executing the judgement in full will ruin him.

But Russ proudly claims he "has the capability to pay the full judgement", which obliterates the similarities with this case.

I know some might find it surprising that Russ is citing a case that doesn't apply to his current situation, but yes, it has indeed happened (again).

 

[Useful_Mistake]

Random.txt

 

[DavidS877]

So, would this necessitate an update of paynull.lol, or is that only for court orders?

I'm traveling right now but I'll come up with some way to mark this momentus occasion.

 

[S.C.U.D.]

View attachment 7081998

The head tightening begins again.

 

[Dizzyuntildeath]

The head tightening begins again.
View attachment 7082009

View attachment 7082011

His lumps,
his lovely trauma lumps

 

[GaryGray]

Did he fly? I thought he refused to get on planes?

Have you caught Greerism and developed trauma lumps?

What the hell is this? He lives in Vegas. And he already rents a vehicle for his stupid Uber Chow job or whatever, right?

Clearly I have caught his trauma lumps. For unknown reasons I thought he still lived in Utah. Edited the post to reflect that his pilgrimage has no baring on his ability to pay the sanctions.

 

[Hunter Hearst Helmsley]

Random.txt
View attachment 7082007

It's a shame because all mine has been saying for weeks is "FUCK GREER" so I think Steve Taylor's testimony might be useful to Null's case.