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

[Harvey Danger]

“Legal contentions are ‘frivolous,’ and thus sanctionable under Rule 11, when the party advancing them has not made reasonable inquiry into the governing law or the relevant facts.” Lawrence v. Cherry Creek Sch. Dist. No. 5

The standard is an objective, not subjective or based on the individualized beliefs of a particular litigant. Dodd Ins. Servs., Inc. v. Royal Ins. Co. of Am

Even "[a] good faith belief in the merit of an argument is not sufficient… a plaintiff proceeding on a pro se basis is equally subject to the requirements of Rule 11.” Quarrie v. Wells

That's a 1-2-3 killshot by Hardin. I wish we'd get to see Greer (or any lawyer) try to legitimately argue against these three points, that would be entertaining as hell. But we all know he won't do it, he'll ignore the rules and standards and copy/paste his plights for a 3rd time. Then he'll offer to withdraw whatever Hardin asks, and submit this belated willingness as a "good faith attempt to comply" and "repairing the harm so the sanctions are moot".

Edit: and a coup de grâce chaser

"There is no room for a pure heart, empty head defense under Rule 11." In re Chi. Midwest Donut, Inc

 

[Dizzyuntildeath]

I absolutely hate/love that this has gone on for so long that Greer can no longer voluntarily tap out, and Mr. Hardin is currently tearing into him like a starving pig.

 

[Post Reply]

I had no idea there was a legal term for the "Ahm jus dumb as fuck, yuh honuh" defense.

 

[East_Clintwood]

I was gonna make a joke about trying a seance or something, but the m'fer had an actual citation. Brave Mr. Hardin, bravo.

 

[RodgerDodger]

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...

The American System does not work when you permit In Forma Pauperis Plaintiff’s and the defendant has no possibility of being made whole.

 

[Post Reply]

I had not thought about it that way, but Hardin is right. If Russ hadn't withdrawn his family as witnesses, he might have been in even bigger trouble than he is now.

 

[Dizzyuntildeath]

The American System does not work when you permit In Forma Pauperis Plaintiff’s and the defendant has no possibility of being made whole.

Mr. Stebbin's desperately trying to prove you right with his litigation minigun.

 

[reptile baht spaniard rid]

He should have just asked the judge for the bond to be yet another respectful attempt to woo Taylor Swift (possibly with a lawsuit)

Greer can post his guaranteed winnings in the case Greer vs A Website - after all, the 10th told him he had a really good case, the best case.

 

[Captain Manning]

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I was gonna make a joke about trying a seance or something, but the m'fer had an actual citation. Brave Mr. Hardin, bravo.

I was thinking the same thing. He really didn't need a citation for that. It's obvious. It's brilliant that he had one ready to go though.

The American System does not work when you permit In Forma Pauperis Plaintiff’s and the defendant has no possibility of being made whole.

I know there's arguments against it when you look at the big picture.

The reason I said what I said though is because absolutely none of them seem to apply when the Farms is operating as a defendant. Every single lawsuit this website/Null has received has been frivolous horseshit filed by people that are absolutely batshit insane.

And I'm tired of it. Just because somebody is crazy doesn't justify lawfare.

 

[Jew-ish]

The best part, for me anyway, is that after Hardin dunks on this fool and the case is dismissed with prejudice, we are guaranteed milk for ages to come.

 

[CEO of Gay]

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View attachment 7082007

You think the clerks or judge will get a chuckle out of that?

 

[The Un-Clit]

GOOD. The judges are the ones dragging this farce out. Tard coming home to roost.

No shit. How many motions and counter-motions have piled up since the magistrate judge last weighed in on this case and sanctioned Dildo Saggins? I've completely lost count.

Judge is doing this case no favours. The more he has to plow through the less likely he is to give each filing the proper attention and start skimming.

Maybe the judge will be fair and thorough, but human nature being what it is ...

 

[Useful_Mistake]

No shit. How many motions and counter-motions have piled up since the magistrate judge last weighed in on this case and sanctioned Dildo Saggins? I've completely lost count.

34 docket entries since the Magistrate's sanction order, and 22 since the District Judge set that Sanction to $1,000

 

[he who has thus come/gone]

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."

American Rule means when a big corporation sues to take down something like copyright material, they can't automatically hold all the small people liable for the court costs. At scale, this principle is why we have the American Rule. The places where it fails have to be balanced against all the places where it protects people from wealthier plaintiffs engaging in litigation for little to no skin in the game.

 

[AnOminous]

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.

The magistrate didn't make an award, the judge stepped in, ignored all the filings, and made up a number out of nowhere based on no reasoning.

 

[Null]

American Rule means when a big corporation sues to take down something like copyright material, they can hold all the small people liable for the court costs. At scale, this principle is why we have the American Rule.

Copyright cases specifically have a fee shifting provision so that is quite literally one of the only possible examples you could have given to undermine your own point.

 

[Sexy Senior Citizen]

You better start scrubbing toilets, Russell. Hardin's gonna want those sanctions ASAP.

 

[victor lasagna]

I'm not going to comment on the 62(d) issue beyond saying 10% (however miscalculated) of the judgment would be highly unusual and nothing in this motion shows a need to depart from the usual requirement.

But I'm rather shocked that Russel knows the 10th Circuit doesn't have jurisdiction to hear an interlocutory appeal of the Rule 11 sanctions order. Other vexatious litigants suing the forum would have immediately gone for mandamus. Strange what he pays attention to and what he doesn't.

 

[JustSomeDong]

I take a break from tearing everything out of my kitchen (yay getting new floors and counters!) and get a Greer drop. Nice. I needed it. I can chuckle through the remainder of the task ahead.

Also, "empty headed, pure of heart" definitely is going into my personal lexicon.

 

[Harvey Danger]

Also, "empty headed, pure of heart" definitely is going into my personal lexicon.

I object. Greer does not have a pure heart, in any sense of the word.

(It would be redundant, but I kind of wish Hardin had riffed on this specifically, saying Greer's recalcitrance means he doesn't even get to claim the insufficient "pure heart" defense.)