- Joined
- Dec 28, 2014
Fogerty v. Fantasy says otherwise. See this post. It's supposed to be across the board. However, while plaintiffs are almost always granted fees, defendants seem to seek and get granted fees less often.
Greer v. Moon, No. 20-cv-00647 (D. Utah Sep. 16, 2020)
- Thread starter AnOminous
- Start date
- Joined
- Jul 17, 2015
I feel like the IFP motion was already in Hardin't pocket 90% written. He was just waiting for Russtard to do something stupid like his bond motion to trigger it.
The man has a plan.
The man has a plan.
waffle
kiwifarms.net
- Joined
- Jun 6, 2013
I see that someone else has also seen the issue with Russ's ability to post bond.
Isn't the fee standard "prevailing party" which means that sometimes in super fucked up cases (cough, cough) the Defendant can get them.
- Joined
- Dec 28, 2014
The "super fucked up" part used to be the prevailing view.
From the Syllabus to Fogerty v. Fantasy:
After petitioner Fogerty's successful defense of a copyright infringement action filed against him by respondent Fantasy, Inc., the District Court denied his motion for attorney's fees pursuant to 17 U. S. C. § 505, which provides in relevant part that in such an action "the court may ... award a reasonable attorney's fee to the prevailing party as part of the costs." The Court of Appeals affirmed, declining to abandon its "dual" standard for awarding § 505 fees-under which prevailing plaintiffs are generally awarded attorney's fees as a matter of course, while defendants must show that the original suit was frivolous or brought in bad faith-in favor of the so-called "evenhanded" approach, in which no distinction is made between prevailing plaintiffs and prevailing defendants.
Held: Prevailing plaintiffs and prevailing defendants must be treated alike under § 505; attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion. Pp. 522-535.
- Joined
- Jul 10, 2017
And this class, is why you don't directly attack the Defendants Lawyer. Or attempt to challenge their Pro Hac Vice status for bullshit reasons. or frame them for ethical violations. Russ is in some manner employed. he has said so to Hardin and the Court. In fact his situation is on the mend. Doing much better at turning things around.
- Joined
- Nov 21, 2020
The update has been made to paynull.lol, I hope everyone enjoys it.
FatMan
kiwifarms.net
- Joined
- Jul 5, 2016
Love it. Totally able to pay the sanction but just don't wanna? Enjoy paying the filing fee then stalker child.
- Joined
- Jan 27, 2020
On one hand, I'm a bit sad that we won't get to see Russhole's current financial status as a matter of public record.
On the other hand, Hardin specifically requesting that this affidavit be submitted under seal should (in theory) shut down any argument Russhole could make about his financial info falling into the wrong hands as a result of this request.
Of course it doesn't mean that Russhole would actually file an affidavit if ordered to do so. It's not like either the Magistrate nor the Judge are particularly keen on handing out any meaningful sanctions agaist Russ. Though if he does file an affidavit, the only financial info he'll disclose is that he is a poor homeless pro se litigant fighting against the HARDSHIP that is Kiwi Farms, a website.
The only way we'd know for sure is if (or more likely when) Russhole fucks up by forgetting to file said affidavit under seal.
- Joined
- May 16, 2019
I think Russ will appreciate that the process is the punishment.
- Joined
- Jul 13, 2017
I felt the same. He fired back super quick. I was thinking I'd have to check back in a day or two.
- Joined
- Apr 22, 2019
I disagree. This is hitting two birds with one stone. In his motion for a bond, Russell is telling the court, "Hey, trust me, I totally have this money, and I can totally pay, so do what I want." Hardin has just put him in a position where he either has to run screaming to the court and say, "I can't pay, I can't pay! Don't let him make me pay!" or he has to concede to paying filing fees (on top of the sanctions to Hardin - so that $774 just became $1174). If he does the latter, then the costs in this case will swamp him and it is going to hurt. If he does the former, Hardin will get to point out how the defendants had just filed a motion pointing out how Greer is perfectly willing to change his story - to lie to the courts - with regards to his eager, dead friend, and what do you know, here is Greer straight up lying to the court again, trying to get the court to rule in his favor based on the lie that he has the sanction money on hand.
This is checkmate. It's beautiful. (If this is one of those helping the plaintiff posts, please delete it. I just honestly don't think there's a single thing that can help Russ out of this situation. He's trapped.)
Old English Roast Beef
kiwifarms.net
- Joined
- May 22, 2022
The Man With No Name
kiwifarms.net
- Joined
- Mar 14, 2015
I think what's especially funny is to a normal person, let alone anyone engaged in the legal profession, $1k is a mild annoyance. To Russ this amount is unrecoverable and will only dig him deeper into his inescapable life of serfdom as the retard beggar-prince of the Greater Vegas area.
- Joined
- Jul 4, 2022
Remember, Russ was in whoring country when he shot that video, and the "business" that knew him and ran him off was probably a brothel.
Russ had the money to pay Null, but he went to blow it on hookers instead right before the deadline
Russ had the money to pay Null, but he went to blow it on hookers instead right before the deadline
- Joined
- Jul 10, 2017
I'm sure Russel's Whorin' Budget will come into play soon enough. Just like Hardin has finally found an avenue to keep, politely, hammering the court regarding the Subject Matter and Nature of the Copyrighted work being litigated.
- Joined
- Feb 20, 2025
"Needless to say, the dead are
ordinarily not eager witnesses.1"
He even cited a case where a Ouija board was inadmissible as testimony by the dead
Hardin's having fun with this one
- Joined
- Feb 1, 2020
On the other hand, the cow will moo loudly. Russ is going to send Hardin a half dozen emails complaining and 10000% file some sort of asinine response.
I'm really curious how he's going to respond. My guess is he'll say Hardin is wasting court resources and that KF is stalking him. Or he may possibly say this is another fishing expedition, since that is his current phrase de jour. Well, that and excusable neglect. Either way, I'm excited to see how the court will save him again.
- Joined
- Jul 30, 2020
My theory is that, assuming his deleted post about getting run off was true, that's the only reason he was able to say that he has the money on hand. If it weren't for those dang dirty whores spreading lies about him he never would have even thought to mention he could pay the whole thing because all that money would be going toward some hooker's three fatherless children.
- Joined
- Dec 20, 2019
See also: 1 Samuel 28:3-25 (King James)
It's not checkmate, as that would lead to the end of the game. But it is zugzwang.
- Joined
- Aug 5, 2022
People have spent time writing characters like this:
Then along comes Russtard, an actual humanoid, saying shit like this in a court filing:
Good job filing this 2 days before payment's due. The court absolutely won't view this as an intentional ploy to buy more time when you've said in the same fucking filing you can absolutely afford to pay, you just don't feel like you should because the Farms are mean.
Mr Hardin is going for the jugular and I am here for it. I hope you've enjoyed your break, Judge Bennett.
Then along comes Russtard, an actual humanoid, saying shit like this in a court filing:
Good job filing this 2 days before payment's due. The court absolutely won't view this as an intentional ploy to buy more time when you've said in the same fucking filing you can absolutely afford to pay, you just don't feel like you should because the Farms are mean.
Mr Hardin is going for the jugular and I am here for it. I hope you've enjoyed your break, Judge Bennett.