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

[StinkySnack]

Matthew, respectfully, why are you like this?

 

[RodgerDodger]

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.

Didn't Souter famously used to drag his desk across the floor of his chambers every day to keep in within the sunlight from the window, because of some bizarre possibly paranoid fear of electric lighting? And I'm not talking some Victorian fear. Souter was on the court from 1990 until 2009.

Souter is politely described as an "Enigma" on the court. He is less politely described as a Nutbag. It's perfectly feasible that Souter fully believed in ghosts, time travel, aliens, Cthulu and the existence of Leprechaun's as foundational elements of law.

 

[not william stenchever]

It's perfectly feasible that Souter fully believed in ghosts, time travel, aliens, Cthulu and the existence of Leprechaun's as foundational elements of law.

If true then his beliefs produced less fucked up jurisprudence than this case. Although to be fair it has been a group effort by multiple judges across at least two federal districts.

 

[Moths]

I think Hardin's got this slippery tard-oiled fish on the hook this time.

Backed into a corner with stipulations of no testimony and witnesses; defendants graciously allowing Rusty to amend so that all of the dismissals are back on the menu.

Delightfully devilish Mr Hardin.

And as usual if the deathmarch to trial continues then it will be over the battered corpse of the federal rules of civil procedure.

 

[Sir Dank-a-Lot]

Stop, Matthew. I can only get so erect.

 

[Thomas Talus]

I strongly suspect every law school has the Professor who teaches The Class and he has a whole week on how you'd unload the entirety of the world on a pro se retard, but he sadly says "of course, this chance never comes up, but in theory, here's how it would go."

Lol School doesn't concern itself with trial-level practice, just with the production of academic articles and appellate practice.

 

[DHugo]

I'm 100% sure he sent a mail to Hardin saying how frivolous and bad faith this is, and how the 10th already granted him victory.
But will he ask for sanctions again based on this?

 

[RodgerDodger]

While not unexpected following the granting of the Amended Complaint 4 years in (yeah if the opposing council is willing to sign off on your amended complaint after 4 years, you dun fucked up, and he is laughing maniacly in his office at what you have just handed him.) This is gonna cause quite the stir in Judges Chambers. Let's be honest, to say this will piss the Judges off is an understatement. But that might not be a bad thing.

The Court really cannot ignore this or dismiss it out of hand. They cannot say the defense does not get a second bite at these Apple's after allowing Greer the big one.

I'm not surehow effectively challenging the Appeals ruling directly at the District level will work out? The District Judge is going to be pissed at being put in this situation.

He's going to be pissed at the Magistrate for letting it get to this. I can't see how the District Judge doesn't step in at this point. How that will play out is anybodies guess?

But Hardin's motion seems quite solid. It will be hard to argue against it. And certainly beyond the abilities of the drooling idiot. What does work in Hardin and Nulls favor is the court has now gotten to know the Plaintiff over 4+ years. They will be less likely to take pity on the poor pro se Plaintiff. They've dealt with enough of his bullshit by now. The court may take this opportunity to tell the Plaintiff "you made this bed, now you gotta lie in it".

They may also go all apopleptic on the defense for imagined legal fuckery seeking second bites at a whole basket of Apples. As we have seen throughout this case established law, precedent and the defendants rights are largely ignored in this case.

/makes a big bucket of popcorn

 

[XL xQgg?QcQCaTYDMjqoDnYpG]

The Court really cannot ignore this or dismiss it out of hand.

Meanwhile, in reality:

Try me, bitch

 

[Sneedfully and Peacefully]

yeah if the opposing council is willing to sign off on your amended complaint after 4 years, you dun fucked up, and he is laughing maniacly in his office at what you have just handed him

I forgot about this in my prior post. I do have a more definite expectation. Any sort of reply by Russ in a Motion To Not Let That Happen is 98% going to have some sort of "I'm just a retard ya honah I didn't know that amending my complaint was going to allow these dismissal requests to be possible again. It's NOT FAIIIIIIR! Hardin isn't being a neutral third party and GOADED plaintiff into filing the amended complaint and accepted it because he was trying to trap plaintiff in a DIRTY TRICK!"

 

[Post Reply]

But I'd definitely bet $1 that Greer mentions his disability in any subsequent filing, because manipulating the world with self pity is the one card he always plays.

The disabled pro se plaintiff pro se'd his way into the courtroom disabledly...

 

[Debbie Macomber]

Love Hardin hammering in the fact that Russell's favored "muh 1oth circuit" refrain is completely obliterated by his own amendment of his complaint!

I also suspect he filed this all in one filing so Russell won't argue he was "flooded with excessive motions" and needs a 3 month extension that turns into 7

 

[ConSluttant]

While not unexpected following the granting of the Amended Complaint 4 years in (yeah if the opposing council is willing to sign off on your amended complaint after 4 years, you dun fucked up, and he is laughing maniacly in his office at what you have just handed him.) This is gonna cause quite the stir in Judges Chambers. Let's be honest, to say this will piss the Judges off is an understatement. But that might not be a bad thing.

The Court really cannot ignore this or dismiss it out of hand. They cannot say the defense does not get a second bite at these Apple's after allowing Greer the big one.

I'm not surehow effectively challenging the Appeals ruling directly at the District level will work out? The District Judge is going to be pissed at being put in this situation.

He's going to be pissed at the Magistrate for letting it get to this. I can't see how the District Judge doesn't step in at this point. How that will play out is anybodies guess?

But Hardin's motion seems quite solid. It will be hard to argue against it. And certainly beyond the abilities of the drooling idiot. What does work in Hardin and Nulls favor is the court has now gotten to know the Plaintiff over 4+ years. They will be less likely to take pity on the poor pro se Plaintiff. They've dealt with enough of his bullshit by now. The court may take this opportunity to tell the Plaintiff "you made this bed, now you gotta lie in it".

They may also go all apopleptic on the defense for imagined legal fuckery seeking second bites at a whole basket of Apples. As we have seen throughout this case established law, precedent and the defendants rights are largely ignored in this case.

/makes a big bucket of popcorn

This is the filing I have been waiting for, nay, dreamed about for months. I had a glimmer of hope when the judge allowed the FAC. And then, when I saw Russ actually submitted one, and then made all those missteps with it - adding other defendants, frothing at the mouth and actually admitting it wasn't because of copywrite, etc. - I started getting more hopeful. And now Hardin has essentially given me everything I could have asked for. A tight filing (well as tight as it can be when it has to sum up four fucking years of litigation), lovely citations from the correct district, and multiple avenues of allowing the district court to boot this like it originally was? I am totally in love. With Hardin, with the filing, with everything. Even if the judge tard-guards this it's gonna be good.

I agree with you that the District Judge is going to be pissed. But really, he only has himself (and the appeals court) to blame at this point. That's so far above Hardin's head he shouldn't be held responsible for pointing out the logic.

Russ won't be able to counter this without flailing around like someone whose eye just got plucked out (why no, I haven't recently re-watched Kill Bill Pt 2, oh no) and drooling all over everything. The trauma lumps will be visible.

/buys stock in popcorn futures

 

[Napoleon III]

I think this is a bad thing to say. Yeah it is true, but you are straight up insulting a higher court in a lower one. I think the odds of a lower court agreeing with that is quite small. Like the higher court has all kinds of ways to fuck with the lower court just because they feel like it.


Otherwise I have no idea whether this motion for dismissal will pass muster. I feel like it won't and the judge will just continue on a death march to trial, but maybe the issues are substantial enough for the judge to dismiss.

 

[Harvey Danger]

Meanwhile, in reality:

The thing I'm most concerned about is that the District judge will say "Greer's FAC is so close to his original Complaint, which was allowed to proceed, that we're not going to toss it for having the same flaws". That negates all the very valid arguments about jurisdiction, service, and failure to state a claim without having to read through them. Remember, this is the judge that looked at the "shall" language on the sanctions and took it as a suggestion instead.

It still leaves the question of being unable to present any evidence, which is a fatal flaw on its own and demands summary judgement. I don't know how the judge works his way around that one, unless he goes full tard-shield and [...] does something I just deleted in case it gives Russ ideas.

 

[Friend of Dorothy Parker]

I think these filings are going to make the omnibus amazing to witness. We are going to see Russell silently seethe like never before.

"Silently," lol. Only if the Court shouts/ shuts him down like the NY court did.

Lol School doesn't concern itself with trial-level practice, just with the production of academic articles and appellate practice.

"Anyone can figure how how to file motions. We teach you how to think."

- real quote, and not just from John Houseman:

Similar from the author of the book, Paper Chase: "You come in here with a skull full of mush. You leave thinking like a lawyer."

 

[obsdj]

We don't want a dismissal for jurisdiction anyway. As I read FRCP 41(b), dismissal for jurisdiction would NOT count as adjudication on the merits:

(b) Involuntary dismissal; effect.
If the plaintiff fails to prosecute or to comply with these rules or any court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order otherwise states, a dismissal under this paragraph and any dismissal not under this rule, other than a dismissal for lack of jurisdiction, improper venue, or failure to join a party under Rule 19, operates as an adjudication on the merits.

(Emphasis mine.) If it gets dismissed, we want it to be the good kind, like plaintiff's failure to prosecute, etc.

 

[LOWERCASE LETTERS]

The best outcome would be a dismissal with prejudice but I don't think we'll get that lucky.

 

[Harvey Danger]

If it gets dismissed, we want it to be the good kind, like plaintiff's failure to prosecute, etc.

The best outcome would be a dismissal with prejudice but I don't think we'll get that lucky.

The best dismissal will be whichever one lets Hardin file for the most sanctions, fees, and vexatious labels.

 

[Kiwi Lime Pie]

It's been so long I forgot this whole thing rode on some fagot-ass E-Mail service.

It's dragged on so long that the people ITT who touch grass and contribute to society have undoubtedly forgotten some of the case's minutiae over the past four years - understandably so.

Null's earlier question suddenly makes a lot more sense. [could not quote normally due to size of post]

I figured there was a reason for the question, but the best move was to keep quiet about it. All I'll say now is that this confirms my suspicions.

It looks like Hardin was biding his time to be able to submit a filing such as this once RG opted to amend the case. It was well worth the wait and the recent lull in case-related happenings to see this be filed.

The only question about RG's inevitable response will be how quickly his writing lapses into incoherent gibberish (more than usual, that is).

If you think this filing is great, just wait till Russ replies. I can hear the head tightening from here.

I'm willing to wager 500 quatloos that anyone reading RG's reply will be able to hear his seething, bouncing, and squeaking interspersed within the words of the filing. Dis gun get gud.