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

[Allied-Mastercomputer]

I think it’s important to note that the magistrate can’t yell at Greer ex parte. Hardin needs to attend as well. So if Judge Bennett needed to play “kick the autistic” a little bit, a hearing would be the perfect place to do it.

This is my headcanon and I remain optimistic.

 

[TurboNAS]

Gonna rip through all these motions that are piling up and get this case back on track!

…in May. Well, at least we have a date.

 

[AnOminous]

To summarize, the Magistrate is currently the one good to Mr. Hardin with the sanctions. The Magistrate wanted to consider all the damage Greer caused to Null, and the District Judge overruled him. Now, apparently, the Magistrate is saying that he doesn't give a shit what the District Court ruled, which if true, is good for Null.

He didn't actually overrule him, since the magistrate hadn't even actually ruled yet. He just jerked back the case and made a dumb ruling without looking at any of the evidence (something very germane to this entire case and its bizarre procedural history).

I mean I personally view this, at this point, as just a continuation of neither judge in this case even understanding what is going on, despite five fucking years of this case. But whatever. Maybe the results will be cool, throw some rainbows at me, bros.

Here we are, doing the Jarndyce dance.

For anyone who has never encountered the Dickensian explanation of exactly how stupid and awful court cases are:

Jarndyce and Jarndyce drones on. This scarecrow of a suit has, over the course of time, become so complicated, that no man alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. Innumerable children have been born into the cause; innumerable young people have married into it; innumerable old people have died out of it. Scores of persons have deliriously found themselves made parties in Jarndyce and Jarndyce without knowing how or why; whole families have inherited legendary hatreds with the suit. The little plaintiff or defendant, who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled, has grown up, possessed himself of a real horse, and trotted away into the other world. Fair wards of court have faded into mothers and grandmothers; a long procession of Chancellors has come in and gone out.

 

[WelperHelper99]

He didn't actually overrule him, since the magistrate hadn't even actually ruled yet. He just jerked back the case and made a dumb ruling without looking at any of the evidence (something very germane to this entire case and its bizarre procedural history).

I mean I personally view this, at this point, as just a continuation of neither judge in this case even understanding what is going on, despite five fucking years of this case. But whatever. Maybe the results will be cool, throw some rainbows at me, bros.

Here we are, doing the Jarndyce dance.

I don't think the Magistrate is particularly happy at having his authority checked the way it was. You say this is confusion. Maybe so. I think the case has become personal. What was once allowed to languish is now a persistent annoyance.

 

[This Fucking Thing]

May 6th? Looks like I could be in for a hell of an early birthday gift from the Magistrate judge

 

[Greasy Goblin]

Why on God's green earth would Mr. Hardin even consider appealing this?

Just you wait until the magistrate judge's amount goes through... only to serve as an opening for Russ , upon losing the case, to appeal to the greater tard guards on grounds that the whole thing should be re-done due to the magistrate judge being so heckin biased against him that he went so far as to ignore the district judge's rulings

 

[h3catoncheries]

How does it work with ECF 251 about the bonded 10% stay if the Zoom hearing is in may and the amount is due in a few hours?
I guess Russ just got to pay in theory right?
Making the motion moot I suppose.

 

[obsdj]

Good grief. He gives Hardin an extension of time to respond to the idiotic First Amended Complaint and says, "You have until April 14th." Then he turns right around on the same day and decides to hold a hearing on multiple open motions in MAY, including two motions that directly reference said complaint? Hurrrrrrr.

At any rate, and I hope very much to be proven wrong when the hearing rolls around (assuming it doesn't get postponed due to some retarded machinations of Greer's), I'm nervous about this. The vibe I'm getting is that the Magistrate is sick and fucking tired of all this, and even though it's his own damn fault he's going to be ripping both Greer and Hardin new cornchutes.

He isn't going to be late for a hearing that could result in him being forced to pay large sums of money. Threatening his ability to buy prostitutes is his number 1 casus belli.

Greer is thrilled right now, because it means he has almost two full months to blow all his money on whores.

I'll say this was a good call. Preparing to argue so many motions will take ages, and Mr. Hardin also has other cases.

Greer is thrilled right now, because it means he has almost two full months to file additional retarded motions, to which Hardin will have to respond.

 

[D. Krauser]

I wonder if the judge is bringing up the sanctions that are reduced because of the ifp review. One of the reasons listed for the reduced sanctions was ifp status, and maybe a larger figure would be appropriate if Greer does not qualify as a pauper.

 

[Friedchickenfan]

Man Hardin really earns his paycheck tard wrangling Greer, Hope Null sends him a nice Wisconsin cheese wheel as thanks for all the trouble.

 

[Farmer McColl]

How does it work with ECF 251 about the bonded 10% stay if the Zoom hearing is in may and the amount is due in a few hours?
I guess Russ just got to pay in theory right?
Making the motion moot I suppose.

Rus would never pay his proposed (slightly less than 10%) bond on time, let alone the full amount. But with the whole thing getting pulled away, I'd wager he doesn't have to; but his required payment will instead go up more toward Hardin's quoted costs.

 

[Billy Bong]

What's going through Greer's mind right now?

 

[Useful_Mistake]

How does it work with ECF 251 about the bonded 10% stay if the Zoom hearing is in may and the amount is due in a few hours?
I guess Russ just got to pay in theory right?
Making the motion moot I suppose.

I believe the payment is implicitly delayed until the hearing.

Good grief. He gives Hardin an extension of time to respond to the idiotic First Amended Complaint and says, "You have until April 14th." Then he turns right around on the same day and decides to hold a hearing on multiple open motions in MAY, including two motions that directly reference said complaint? Hurrrrrrr.

To be fair, Mr. Hardin requested either a stay or that particular date.

https://storage.courtlistener.com/recap/gov.uscourts.utd.148809/gov.uscourts.utd.148809.255.0.pdf

Also to be fair, he could have just granted the stay, because he's going to have to rule on another extension anyway.

'm nervous about this. The vibe I'm getting is that the Magistrate is sick and fucking tired of all this, and even though it's his own damn fault he's going to be ripping both Greer and Hardin new cornchutes.

If Greer gets fucked over, that's to our benefit.

 

[obsdj]

Something else I'm wondering: Now that there's going to be a hearing anyway, would it be helpful in a "why the hell not" way for Hardin to file a motion to reconsider on the judge's denial of ECF 238? Then he could maybe make his case for why the whole "It's all on PACER" bullshit is in fact bullshit.

If Greer gets fucked over, that's to our benefit.

That goes without saying, but we (Null) look bad if Hardin ends up getting yelled at. Ultimately what really matters is winning, but that's obviously a long-ass way off.

 

[Useful_Mistake]

Something else I'm wondering: Now that there's going to be a hearing anyway, would it be helpful in a "why the hell not" way for Hardin to file a motion to reconsider on the judge's denial of ECF 238? Then he could maybe make his case for why the whole "It's all on PACER" bullshit is in fact bullshit.

He could be pissing the Magistrate off. He might need to weight it and see if the benefits are worthwhile.

 

[Null]

What's going through Greer's mind right now?

nothing

 

[RodgerDodger]

nothing

Thot's and whores

 

[S.C.U.D.]

2 months? But I want funny now...

Oh well, in the grand scheme of this case, what's 2 more months? That's pocket change compared to the waits we've had so far.

 

[lol cow supreme]

Considering Russhole has an eviction, a repo, and a collection judgment on his record, it seems unlikely anyone would post bond for him.

It's going to be great for the magistrate judge to have to see Greer's face and listen to him talk, it's going to do a lot of work for Hardin. Sadly I expect some edgelord to barge into the Zoom call and say some retarded shit before getting muted.

Everyone was well behaved, and there werent even that many blatantly joke names. I suspect those who cared to actually attend were appreciative of being able to see it first hand and not shit it up.

The real disappointment is the judge allowed Russell to CALL IN! So we didnt even get to see him drool. This hearing better not be the same. Come on Russ you want pitty for being a crippled retard, you gotta really drool it up for the judge! To quote the great Chantal "Cam Up!"

How does it work with ECF 251 about the bonded 10% stay if the Zoom hearing is in may and the amount is due in a few hours?
I guess Russ just got to pay in theory right?
Making the motion moot I suppose.

I believe the payment is implicitly delayed until the hearing.

Greer is thrilled right now, because it means he has almost two full months to blow all his money on whores.

I'm going to waffle on all three answers. Maybe its a Greerdinger's payment situation. If he doesn't pay it, the judge will forgive it at the May hearing, or he'd claim all the motions made him forget and assume the stay was granted since it wasnt denied. In my opinion, there is stronger argument that if payment were NOT to be required it would have been so ordered as at least a temporary stay in the order for the hearing in May, or the longer stay granted pending Russ' motion for the bond.

If you follow the logic, the last order was to pay the money today. That is what is on the books and still stands (IMO).

Either way, if I were Russ, I would not go out and blow it all on hookers, as he already filed that he could pay it. Which leads to the IFP status coming into question again...

This is not an image board, but just imagine "The Good, The Bad, and The Ugly" Mexican standoff with Russ, Hardin and the Judge face swapped in where you feel they best fit. Put the standing by a tree or behind a gravemarker.

Edit:

2 months? But I want funny now...

Oh well, in the grand scheme of this case, what's 2 more months? That's pocket change compared to the waits we've had so far.

Nothing is stopping Greer from filling in the meantime...

 

[Himedall All-seeing Waifu]

Not true in the case of copyright. There is a fee shifting provision for that.


To be clear:

I am not arguing that poorfags should not be able to bring lawsuits in good faith that might actually be meritorious. Or that if some poorfag loses on a technicality they should bare the full brunt of the costs. I get that would imperil equal access to the judicial system.

However, if a lawsuit is patently horseshit, or vexatious, I am sick and tired of the American Rule punishing the winning side for defending themselves.

There's got to be a better way than the system we have now. Like perhaps there should be a post-ruling analysis as to whether a reasonable person would have ever brought such a suit, and then figure out how costs are to be divided.

TL;DR, I have immense sympathy for Null in having to deal with this.

The proper remedy might be to imposed a judicial screening for IFP plaintiffs. However, I hear your courts are terrifically back-logged and under-staff3d, so perhaps not...