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

[Thomas Talus]

"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."

Which is a pretentious way of saying that a lot of the profs are so far removed from practice that they don't actually know how to file motions.

 

[The Un-Clit]

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:



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

I agree it would be better to have the case dismissed on merit, but I strongly suspect Russ now realizes he caught a tiger by the tail in this case and is thoroughly tired of dealing with it, and especially weary of dealing with The Hardship, who he must hate even more then Based Skordas by now.

I doubt he will re file if it's dismissed for jurisdiction or any reason at all.

 

[Bogliacci]

Can he even refile? The statute of limitations has passed so wouldn't it be over even if he tried to refile?

 

[Quioui]

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 found it adroitly phrased. He has to mention his disagreement for appeal purposes and does so politely in a foot note while Greer is the one credited with, and laughed at for time travel beliefs for trying to reuse the logic of the 10th's ruling.

 

[RodgerDodger]

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.

"HOW DARE THEY!!!!!

6
I'M 7"

I agree it would be better to have the case dismissed on merit, but I strongly suspect Russ now realizes he caught a tiger by the tail in this case and is thoroughly tired of dealing with it, and especially weary of dealing with The Hardship, who he must hate even more then Based Skordas by now.

I doubt he will re file if it's dismissed for jurisdiction or any reason at all.

This is Russ's greate crusade. The Windmills he is Don Quiote'ing himself againt. His reason to go on besides "whores". It is the physical manifestation of his pure seething hatred. No way he walks away, unless they force him to spend some money. As soon as the subject of up front payment comes up (such as paying for arbitration in the AGT case) he's gone. He will continue until he runs out of freebies.

 

[Useful_Mistake]

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:



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

It doesn't matter. The statute of limitations has elapsed.

 

[obsdj]

I agree it would be better to have the case dismissed on merit, but I strongly suspect Russ now realizes he caught a tiger by the tail in this case and is thoroughly tired of dealing with it, and especially weary of dealing with The Hardship, who he must hate even more then Based Skordas by now.

We've known for a long time that Greer has realized what a bad place he's cornered himself into -- he has been desperately trying to get Hardin to make Null settle the case, and Hardin has continually refused to do so because we all want Null to recover (at least some) costs.

I doubt he will re file if it's dismissed for jurisdiction or any reason at all.

I'm less worried about him re-filing if it gets dismissed for jurisdiction, than I am about Null not being able to collect. If it is dismissed for jurisdiction/venue as opposed to the merits as described in rule 41, will that effect what the defendant can recoup in terms of fees and costs?

Edit:
28 U.S. Code § 1919 - Dismissal for lack of jurisdiction:

Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.

Oh, that fucking "MAY" word.

 

[The Un-Clit]

My bad, I should have said I doubt Russ will try to bring a new suit against Null if this gets dismissed. It may be his holy crusade to get his name off the Farms, but he has nothing else but his plights to sue for and has already been told there is no basis for the court to grant relief.

Also this has turned out to be a lot more work for him then he expected it to be, as well as costly (sanctions for his lazy legal fuckery) and he is unlikely to be granted IFP again with Hardin exposing his big money projects.

 

[Useful_Mistake]

Edit:
28 U.S. Code § 1919 - Dismissal for lack of jurisdiction:

Oh, that fucking "MAY" word.

Costs are nothing. You want fees.

 

[lol cow supreme]

It doesn't matter. The statute of limitations has elapsed.

Has it lapsed if the link is still available in the thread? Or if user Totally_not_some_guy_named_russ reposts the google doc link? He can still sue for copyright. All he has to do is change some dates and pretend its a totally new instance of infringement. This is why I feel a ruling on merit, or getting him labeled as vexatious would be so critical of an outcome.

 

[Useful_Mistake]

Has it lapsed if the link is still available in the thread? Or if user Totally_not_some_guy_named_russ reposts the google doc link?

As it relates to Null's alleged encouragement - it has elapsed.

 

[jerkstore]

i am in awe. skordas was a meme. hardin is the fucking doom II cyberdemon.

 

[Kosher Dill]

Null must have given His Hardship an extra coating of Readiness Oil for this one.

 

[Bill Evans 45]

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 sa

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

While I thoroughly enjoyed this filing, I agree with you both. This whole thing has been so ridiculous nothing would surprise me in this particular court, up to and including this getting to trial.

 

[RodgerDodger]

Has it lapsed if the link is still available in the thread? Or if user Totally_not_some_guy_named_russ reposts the google doc link? He can still sue for copyright. All he has to do is change some dates and pretend its a totally new instance of infringement. This is why I feel a ruling on merit, or getting him labeled as vexatious would be so critical of an outcome.

Greer could have cured that copyright infringement at any time by sending a DMCA request to Google. greers copyrighted materials do not exist here. They are out somewhere on Google. The owners and operators of this forum have no control over those files nor any knowledge of who uploaded them to Google. Anything related to it is between Russ and Alphabet Inc. The party that Russ refused to add to the case. (Gee, I wonder why?)

 

[Friend of Dorothy Parker]

Which is a pretentious way of saying that a lot of the profs are so far removed from practice that they don't actually know how to file motions.

Anyone can figure out how to file a motion (which thread are we in, after all?). Being able to know WHEN (substantively, judiciously, and procedurally, not merely technically) and WHAT to file (or not file) is the greater skill/ art. I mean, sure, those comments are pretentious in the way presented - which is why it's funny, but it isn't wrong (and that's the whole tension of the book/ movie/ show).

Why should professors need to litigate day-to-day? They're academics (for the most part), and don't need to know minutiae of local rules - they, like they expect of their students, could figure those out if need be. Their job and proficiencies are elsewhere. And given there are always local rules, useless to teach hyper-specifics in a (national) law school.

Plus, gazillions of (practicing) lawyers don't know more than the basics of litigation, and don't need to.

This litigation, however, shows a nice intersection of substantive, procedural, judgmental, and administrative skill on Hardin's part. Someone in his situation could have learned (like Russ...or not...) the technical rules, but if he didn't know how to interpret and wield the substantive law or the larger rules of procedure, plus have some judgment honed by experience, knowing the technicalities of how to file something wouldn't mean much*.

* unless, apparently, you're a supposed IFP pro se plaintiff (though R doesn't even get the technicalities, so not a perfect example, I get it).

 

[Useful_Mistake]

Anything related to it is between Russ and Alphabet Inc. The party that Russ refused to add to the case. (Gee, I wonder why?)

Per his own words, that is because they would have complied and made the lawsuit moot. Per his own words, he is suing because Null made fun of him

https://storage.courtlistener.com/recap/gov.uscourts.utd.148809/gov.uscourts.utd.148809.142.0.pdf

 

[Dizzyuntildeath]

His Hardship is in the flower of youth, elegantly striding through the halls of law and dispensing arguments, citations and the occasional cocky rejoinder. Thank fuck Null found him, or else we might be less entertained and more inclined to doomposting right now.



Like Sun Tzu once said: “Let your plans be dark and impenetrable as night, and when you move, fall like a thunderbolt.”

I suspect, based only on Mr. Hardin's appearance, that he is a Starcraft 1 enjoyer rather than a Art of War enjoyer.
Let's see if his nuke can shatter the warped reality of Clown Court.

 

[S.C.U.D.]

Per his own words, that is because they would have complied and made the lawsuit moot. Per his own words, he is suing because Null made fun of him
View attachment 7224888

https://storage.courtlistener.com/recap/gov.uscourts.utd.148809/gov.uscourts.utd.148809.142.0.pdf

Anyone who reads this and doesn't conclude that 1. Plaintiff is insane, and 2. the lawsuit is obviously not really about copyright, is just as nuts as Greer.

 

[Prokhor Zakharov]

When this case get dismissed, we really should have a "Heroic Effigy" made of Mathew "The Hardship" Hardin that he could put in his office.

A Heroic Effigy is how they used to venerate great warrior and generals in ancient times, displaying them in a way that demonstrates their domination and power as well as displaying aspects of their epic battles.