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

[Harvey Danger]

This motion is well written. Hardin has a good cite for every step along his legal reasoning, often from the 10th circuit. And it flows very well, he doesn't cram a ton of those cites into his paragraphs to where they get cluttered. The footnotes are long, but necessarily so, as he has to summarize each step of Greer's failures as he references 5 years worth of docket entries.

Minor typo in footnote 4 - that should be ECF 245.


Funny passive aggressive wording in footnote 5:

"Judge, would you kindly wake up and notice what's been going on?"

 

[Prokhor Zakharov]

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Good job, Mr. Hardin. You got me. Damned near choked to death on my water when I hit that line. Here's hoping the court finally admits that a win is out of reach of the eggshell skull plaintiff.

The courts bar all the fun stuff, time travel, Ouija boards, etc... (I'm still waiting to see a ruling on spirit mediums and necromancy...)

 

[AnOminous]

Yeah the time travel quote goes in the thread hall of fame along with the Ouija board. But now I'm wondering why Souter was in favor of time travel arguments.

He wasn't. While he was dissenting from the case (as do I), here's what he actually said:

The sole exception to this rule lies with allegations that are sufficiently fantastic to defy reality as we know it: claims about little green men, or the plaintiff’s recent trip to Pluto, or experiences in time travel. That is not what we have here.

That's from the pincite.

The courts bar all the fun stuff, time travel, Ouija boards, etc... (I'm still waiting to see a ruling on spirit mediums and necromancy...)

People have attempted to sue Satan or God for various reasons, but these cases are generally dismissed for failure to serve process, something our pet slurping retard has been allowed to get away with.

United States ex rel. Gerald Mayo v. Satan and His Staff, 54 F.R.D. 282 (W.D. Pa. 1971) (Westlaw has recently bullied everyone who distributes public records of laws into surrendering their basic rights like casetext).

Case Information​

U.S. District Court for the Western District of Pennsylvania

UNITED STATES ex rel. Gerald MAYO v. SATAN AND HIS STAFF, 54 F.R.D. 282 (1971)

Judge: Weber, District Judge.

Counsel: Gerald Mayo, pro se

Opinion​

WEBER, District Judge.

Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall.

Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.

We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.

If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.

We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.

For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.

It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied.

 

[Hunter Hearst Helmsley]

Ouija boards and time machines.

This is one hell of a case.

And hitler. Ouija boards, time machines, and Hitler. This suit is going places.

 

[Bogliacci]

I wonder how coherent the angry email russ will send harden is going to be

 

[Harvey Danger]

 

[Sexy Senior Citizen]

"The original argument was flawed from the start, and adding two random people doesn't magically make it viable."


Failing to state a claim or properly serve defendants seems to be a recurring pattern with Russell....


...a fact that has not escaped The Hardship's notice.

And yes, Russell, Hardin is permitted to use your prior litigation to prove that you're too retarded to pick your own nose, let alone sue Null.


This is an interesting footnote. Hardin is making the same argument Russell originally made against Swift: that Russ misrepresented the nature of his star witness.


And this is where Hardin takes a sledgehammer to Greer's arguments. Null in no way encouraged any form of infringement. This website is large, and as the only guy maintaining it, he can't personally police every post, let alone do more than demand people follow the site's rules and ban the most egregious offenders. There's also the fact that Russ sent the original DMCA to Null, not Google (where the file is hosted.) Further, previous case law establishes this isn't infringement. Greer would've needed to go after the people who originally posted the link.

And at the very end, Hardin reiterates what we all know: that this case is about removing Russell's history of retardation from the Internet.


Null's earlier question suddenly makes a lot more sense.


There's also the fact that Russell has a bad habit of deleting social media posts and privatizing accounts. These archives are necessary to actualize criticism of him. It also protects against false claims; after all, if these weren't archived, there's nothing stopping Russ from taking down his crappy songs and whining, "Look, those evil Kiwis are picking on me for no reason!!!!"


You see, Russell? This is how you sign a document.

 

[DavidS877]

I can't say "I told you so" because I didn't want to say it because it might prejudice the case or assist Greer in some way. But I fully suspected Mr. Hardin was heading this way after his comments about making sure the additional parties were served. I wasn't 100% sure about the whole "Contributory" requires "Direct" but what I read seemed to lean that way.

 

[Harvey Danger]

I had an effort post typed up on a related point, but didn't want to inadvertently help Greer before this argument was made. So now, let me sperg a bit about my Rekieta-tier legal theory: Russ was never trying to sell the song he's claiming damages for.

Spoiler: probably irrelevant sperging about markets

His complaint claims CD Baby posted it without his knowledge, but he left it there because he wanted them to eventually post it to streaming services. When they didn't, then he pulled it, but the Farms had already noticed the unpublicized, unpromoted song.


Then Greer explicitly states he never intended to sell downloadable MP3s of his song; he wanted streaming revenue.




Streaming listens and MP3 files are two different products, with different tangible quality, audiences, accessibility, and revenue streams. Therefore the market for "Greer song MP3s" was neither created nor competed in by Greer himself. He explicitly did not want to create such a market, and he intentionally abandoned it.

TL;DR Posts on KF could not be competing with Greer commercially because Greer was not engaging in commercial activity with the song, and arguably never did within the alleged market. Even his quoted price on CD Baby is hypothetical, not real. So he has no actual damages from the song he claims two (unserviced) defendants were infringing.

Not only can Josh not be contributing to infringement where no direct infringement exists, he can't infringe in a market that does not exist either.

 

[The Un-Clit]

This is a double-barrelled blast of legal buckshot from The Hardship and Dear Leader himself into Ratmouth 's shaky case, and neatly cuts through the bullshit to give the judge not just a perfect chance but a legal DUTY to dismiss this case.

I guess now we get to see how much the judge really wants to have that conference call or not.

 

[BIG BILL HELL'S]

I had to grab another beer and queue up some Glenn Gould before reading this filing; I figured why not make the experience total joy? Boy, was I not dissapointed.

But the Plaintiff’s Amended Complaint is circular at best and incomprehensible at worst when it comes to that allegation:

...charitable of him to limit the scope of the first clause to only one thing that Rusty's filed.

it also shows the extent to which the Plaintiff’s disregard for established rules of procedure have infected this case with an odor which offends

Rusty has lived in his car while this case has dragged on, so that's not the only Plantiff's odor that offends.

Similarly, Mr. Greer alleges only two posts on an entire Internet forum, which contains over 100,000 posts relating to Mr. Greer, constitute contributory infringement.

Go us, I guess.

ECF No. 247 at 18, ¶ 126 (“enjoy the repetitive turd”)

" *Sigh* I went to law school for this." --Matthew Hardin, maybe

Anyway, as a non-attorney I noticed that Hardin opened several escape hatches for the judge; let's hope that he avails himself and ends this nonsense.

 

[a hapless toad]

Goddamn this is some 4-D level lawfare.

Matthew Hardin is as clever as he is handsome.

 

[DSP's Tax Lawyer]

I wonder how coherent the angry email russ will send harden is going to be

The real question is if Russell includes a $1 venmo with the emails

 

[FamicomGorby]

I wonder how coherent the angry email russ will send harden is going to be

I think this line might actually cause Greer's trauma lumps to explode.



I'd bet we have some rambling response by the end of the week. Usually when Greer has felt personally slighted, or Hardin has talked about his obsession with hookers, he's managed to get off his ass and write a response pronto. Though given how long Hardin's filing is I'm sure Greer will ignore at least half of it in favor of whatever crap argument he thinks he can make.

 

[Marc]

I don't want this case to end. It is monumental in its waste of every involved party's time and money, serves only to perpetuate mockery of the plaintiff, and the plaintiff is a mistake of God.

 

[D_Tractor]

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Jeshur Mun? Mum?
I'm not sure what he's trying to say here.

Last summer the Rekieta thread was completely derailed for days with everyone talking about how bad Jeskm Mott's signature is.

https://kiwifarms.st/threads/nicholas-robert-rekieta-rekieta-law-nickrekieta.53871/post-19029283

 

[Oliver Onions]

So basically Greer fucked up all to add two randos to the case that he would never have been able to serve.

Do those two randos include the guy who was fucking dead?

Jeshur Mun? Mum?
I'm not sure what he's trying to say here.

I see Jes-kun. All the Japan hate was a smokescreen, our boy has repatriated. Apparently his mum signed on in support of this.

 

[HTTP Error 404]

Do those two randos include the guy who was fucking dead?

No, two Kiwis that linked to his shitty book that he gave away for free. Having realized (or read here) that he has no case against the Farms, especially without any witnesses or evidence, he decided to add two John Doe defendants.

This assumes that he'll be able to unmask them, which is unlikely.
But even if he can somehow do that, limitations is long since past, since he's been intentionally delaying the trial for 4-5 years.

But as we've seen with today's filing, it does allow Null's team to bring up things that the judges might have ignored or handwaved away or let slip past because "well he's just a soft brained widdle wetard uwu" before but 5 years in might not be as willing to do so anymore.

 

[UselessRubberKeyboard]

I feel like we need some sort of gif of a nuclear bomb exploding over bikini atholl.

 

[LOWERCASE LETTERS]

Hardin may be old but he strikes swiftly like a hawk