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

[Sexy Senior Citizen]

On March 12, Hardin sent Greer this email:

The filing Hardin is referring to can be found here.

Five days later, Hardin mails Greer another inquiry about the same filing, as well as a reminder that Greer has yet to sanction Hardin:


Two days after that, Hardin prods Russell again:


This provokes the following terse response:


Please note Rusty doesn't give Hardin what he wants. Hardin notices this and replies:


In short: in order to better represent and defend his client, Hardin needs a notice of what, exactly, Greer plans to charge Null with. Greer, having better things to do, refuses to tell Hardin. Rather understandably, this makes Hardin a tad annoyed:


I predict Russell's next filing will call Hardin a meanie butt and feature a demand for more time because he's a retard.

 

[moorhen]

Does it really count as a discovery stage when pretty much nothing was handed over, bar an email with a (wrong) list of Russ' litigation?

We are discovering that the legal system will handhold Rusty to the point of total retardation.

 

[Useful_Mistake]

I mean, there were witnesses, they’ve just been stipulated out of existence. (And apparently never cashed the check that Hardin sent them)

And some of which literally do not exist on this mortal plane

 

[obsdj]

And some of which literally do not exist on this mortal plane

And none of which would have been able to produce meaningful testimony as to contributory copyright infringement.

 

[BoomerPrime]

The Magistrate politely implied that to him the last hearing, but Russ didn't get the hint.

I should have been more clear, but it was pre-caffeination. I should have said "can we hope the Judge is way less subtle about it since he's dealing with a malicious retard?"

 

[Napoleon III]

Pissing off the judge is not smart in any case. Like cops, they have "broad discretion" and if you piss them off they can make your life hell while obeying the letter of the law. Anyone who has ever tried to argue with a trooper upon getting pulled over for speeding when "other people were going faster," for example, should know these things.

These filings aren't really anything super involved. Really this just Hardin informing the court of what has occurred. The court did say feel free to file something in order to get it resolved in the scheduling conference.

I mean I guess we'll see if this pisses of the court when both Greer and Hardin face the judge soon.

 

[not william stenchever]

You have not, to this point, taken a nude photo of yourself holding a revolver and publicly posted it in an attempt to own the lolcow of the thread

How would a thread take it if you posted yourself holding a revolver while dressed up like Sean Connery's character in Zardoz, not to own anyone but for your own amusement? I suppose it would depend whether or not you were fat.

 

[Harvey Danger]

I think 261 was a bad move (even if necessary to not mislead the court), but 262 was golden. He has to get that on the record before the meeting, and even if that annoys the Magistrate, it is WORTH IT when the Magistrate considers fees, Greer's bad faith behavior, and like the two pending sanctions.

I wonder about the Magistrate's willingness or preference to deal with these things in person. Putting everything on the record is good practice for a normal case where a judge is going to go over everything thoroughly. I don't know that this is that kind of case, or that kind of judge.

If they start discussing fee amounts in the hearing, Hardin could easily pop up and say "oh we need to reduce it by $44 because of this refund". I don't think the court would mind the 30 second sidetrack of a lawyer decreasing his own award amount, it becomes a question of the judge's personality.

The 262 filing is trickier. When they get to that point in the hearing, Hardin could pop up and say "not only that, he also lied about going to the cops and about sanctioning me". That takes longer to argue, but maybe the judge wants to deal with that immediately instead of responding to another filing. Or maybe not. Hardin's already argued bad faith and frivolous filings, I don't know that adding to the pile before the meeting changes the judge's mind.

Maybe he reaches the conclusion and Hardin adds this on to juice the sanction amount. Maybe the judge gets pissy that Hardin keeps arguing after he already won. (Greer did this in the transcript over the 25 vs 100 interrogatories, the judge just dismissed him, but Hardin's a professional.)

I think they've only done that one meeting in person, so not a lot of feel to go off.

 

[Bridgeburner]

we're so back

 

[Kiwi Lime Pie]

I cannot help but think the Magistrate will be annoyed by these filings ahead of the scheduled Zoom meeting. I'm sure Hardin has every right to continue submitting things like this, but I'm not sure it's wise under the circumstances. But hey, if it motivates Greer to reply with more tardery, can't complain about that.

The court did say feel free to file something in order to get it resolved in the scheduling conference.

I think this is exactly why Hardin is bringing it up in addition to the requisite reminder that the defense remains more than eager to move this case forward despite RG's lack of interest or ability to do so himself.

My take on this is Hardin wanting to inform the court, "This is what has/hasn't happened regarding this pending matter," so that it can possibly be brought up during the conference. It's not fair to either side to bring up an unannounced item out of the blue barring exceptional circumstances. Secondarily, it also gives RG one more thing to seethe and worry about between now and then.

I should have been more clear, but it was pre-caffeination. I should have said "can we hope the Judge is way less subtle about it since he's dealing with a malicious retard?"

Let's be honest: RG could be whacked upside the head with a clue-by-four (link/archive) and he'd still fail to grasp what the judge was trying to tell him.

 

[Bill Evans 45]

Hardin's already argued bad faith and frivolous filings, I don't know that adding to the pile before the meeting changes the judge's mind.

It should, as this is evidence to further support that argument.

 

[obsdj]

It should, as this is evidence to further support that argument.

We all have strong feelings about what "should" matter in this case.

 

[AnOminous]

I cannot help but think the Magistrate will be annoyed by these filings ahead of the scheduled Zoom meeting. I'm sure Hardin has every right to continue submitting things like this, but I'm not sure it's wise under the circumstances. But hey, if it motivates Greer to reply with more tardery, can't complain about that.

If you don't file it, you can't bring it up at the hearing.

Pissing off the judge is not smart in any case. Like cops, they have "broad discretion" and if you piss them off they can make your life hell while obeying the letter of the law.

And if you don't bring something up and you lose, you have permanently waived it forever and can't appeal it.

 

[obsdj]

And if you don't bring something up and you lose, you have permanently waived it forever and can't appeal it.

That doesn't mean he has to bring it up now, specifically. I'm not aware of any "speak NOW, prior to the hearing in which the judge will obviously be chewing out both parties for endless fuckery and motion practice, or forever hold your peace."

 

[AnOminous]

That doesn't mean he has to bring it up now, specifically.

So he should file it AFTER the hearing it's relevant to?

 

[obsdj]

So he should file it AFTER the hearing it's relevant to?

How is 262 relevant to the upcoming hearing? It's a followup on ECF 213, which is not part of the hearing. As much as we all enjoy seeing Hardin humiliating Greer with his own emails, it's showboating right now.

 

[AnOminous]

How is 262 relevant to the upcoming hearing? It's a followup on ECF 213, which is not part of the hearing. As much as we all enjoy seeing Hardin humiliating Greer with his own emails, it's showboating right now.

The judge has seemed to indicate an intention of clearing this logjam at the hearing (even though it is nominally a scheduling conference). Anything currently pending is relevant. If he does in fact issue some kind of omnibus ruling on all pending matters, the opportunity is gone.

 

[obsdj]

The judge has seemed to indicate an intention of clearing this logjam at the hearing (even though it is nominally a scheduling conference).

I don't see how this is a scheduling conference in any way. It's a hearing to discuss several specific open motions. It has nothing to do with scheduling.

Anything currently pending is relevant. If he does in fact issue some kind of omnibus ruling on all pending matters, the opportunity is gone.

How do you figure, and what would such an "omnibus ruling" even look like that would preclude any further pre-trial motions from being made while the case remains open? Is there an example of such, somewhere out there?

 

[Magnificent Penis]

I think 261 was a bad move (even if necessary to not mislead the court)

Not sure if I'm missing something but so far only Nathan's fees were returned according to the filing. If Scott did cash the check and never returned it, then maybe it becomes more relevant when the time comes to calculate the owed fees.
edit: I have re-read ECF 228 due to other users arguing in this thread recently and Scott did return the check so my point is invalid.

And if you don't bring something up and you lose, you have permanently waived it forever and can't appeal it.

Also I'm pretty sure I remember Null replying to something I think at the Stebbins thread how the judge can "get as mad as he wants" because he will still file it. He knows that if he doesn't then he would be inviting the judge to be a dick and fuck him over down the road. So I don't think "do nothing to avoid pissing off the judge" is a strategy he is very willing to pursue.

Funnily enough, that is word for word 70% of the appeals I get from Forum users.

But Mr. Janny, other users were being way bigger faggots than me!

 

[S.C.U.D.]

"the case is a work in progress".

As usual with Greer he has ideas of an end product and will make lofty promises that he has no way of keeping or attempting to work towards. Greer is just figuring and making shit up as he goes besides "Kiwi mean."

Also I see Greer learned from image boards. If a user is calling you a faggot that doesn't deliver, promise you're gonna deliver something new and crazy so everyone else shuts up, then don't deliver (because OP is a fag).

That's classic Greer right there. He thought about doing something in the future, that's as good as doing it! We've seen that a bunch in this lawsuit and elsewhere.