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

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When will the Judge issue a ruling regarding the Motion to Dismiss?

  • This Month

    Votes: 67 14.5%
  • Next Month

    Votes: 56 12.1%
  • This Year

    Votes: 73 15.8%
  • Next Year

    Votes: 155 33.5%
  • Whenever he issues an update to the sanctions

    Votes: 112 24.2%

  • Total voters
    463
I find no end of amusement in the fact that Greer missed a key part of Mr. Hardin's motion that makes many (if not) all of Russ' objections irrelevant.

Perhaps Mr. Hardin will point it out in his reply
If anybody wants to review:

 
From reading through the crap he sent in, if we take away the parts that are straight up lies, misunderstandings, and misapplications, I honestly don't see anything left that is even close to enough to properly counter the motion for dismissal. If he manages to keep it from being dismissed it will be by divine intervention.
 
I would blame @obsdj for contributing to reminding Greer of the deadline, but Hardin also reminded Greer in his emails with him. C’est la vie. We could’ve had the case dismissed.

It might be word salad but there's still no way in hell that Greer wrote that response overnight, He's been ploughing away at that for some time.
 
Hardly a reasonable ask.

This isn't Greer's full time job and he would check his emails promptly, but that's wholly irrelevant to copyright.
Surely, the court would give a pro se retard like rgreer an extension. he gave the other guys one!
I'm sending a filipino bitcoin assassin after you.
can't wait for this to be referenced in a plightpleading.
View attachment 7357138

100,000 PAGES! All with secret infringement!
remarkable. it's his case he's supposed to prosecute or litigate.

from ecf 288

“While it is true that an amended complaint ordinarily supersedes a prior complaint, and renders it of no legal effect ... t is also true that if the amended complaint also contains new matter, the defendant may bring a second motion under Rule 12 to object to the new allegations only." Sears Petroleum & Transport Corp. v. Ice Ban America, Inc., 217 F.R.D. 305, 307(N.D.N.Y. 2003).


so I read Sear Petroleum v ice ban, which cites International controls corp. v. robert l vesco, and vesco & co., inc. 556 F.2d 665, 668 (2d Cir.1977) for "While it is true that an amended complaint ordinarily supersedes a prior complaint, and renders it of no legal effect" and then Keefe V. Derounian 6 F.R.D. 11 for "it is also true that if the amended complaint also contains new matter, the defendant may bring a second motion under Rule 12 to object to the new allegations only." I have some questions on this but further thread reading provides some answers.
The only thing that he gets right is the whole part about how you aren't allowed a second MTD except on the parts that change. The problem is.... he changed a whole bunch of stuff, including what survived the 10th's remanding.

The problem is that he doesn't address the big elephant in the room - he added new people and that because he is way past the SOL for them it might doom the whole thing. I just don't know.
Keefe V Derounian is about an amended complaint that revolved around jurisdiction issues. with Greer, we're still stuck in Jursdiction because Greer never served Null in Florida, and then brought it back to Utah due to steve taylor who has been dead for a year and not on speaking terms with Russ for longer. Is the court going to have to find new case law for something like this? or is it going to back to a jurisdiction challenge. Because it doesn't appear to me that Russ has gotten that part correct yet. And again, he added 2 defendents and changed the 10th circuit shit.

Quoting this because i can't find it on courtlistner.
If anybody wants to review:


but back to the complaint. I really love Russ's breakdown of the KF business. KF is a lot more than lolcows, we have a vtuber board and a major news aggregation board. . As for music CDbaby appears to have shut down its phsyical warehouse and online store by the time Greer released his music, so there's no way he could've charge anyone $4.99 for a song on a platform that looks like it sold songs for $.99-$1.99.



e:
Aligning yourself with Isabella Janke is certainly an interesting ploy. She's also an unhinged piece of filth that wants to be able to harm and exploit people (and animals) with 0 repercussions. She, like you, does not have an inalienable right to have her atrocities forgotten about.

Schrödinger's complaint is cool too. Is it identical to the original complaint (in which case, the revision has just been a complete waste of everybody's time), or does it raise substantially different issues and facts?

Don't just asspull what the "infringements" are. You're the one claiming to have such valuable material stolen. Surely it wouldn't be an uneconomical use of your time to pinpoint the exact people and times concerned in disseminating your priceless masterpieces. Unless of course the timings would present some sort of issue? :smug:

Surely, Hardin won't have to explain to the judge who ILJ is right? The letter itself says it's not a takedown notice so Russ' claim that users get to vote on keeping copyrighted materials is a fucking lie. but so is his claim that ILJ is a "random individual".
 
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To me the E-Mail service that was done in a totally improper way is as good of a reason to dismiss as any, and Russ whistled right past the graveyard on all of it. I used to think he was a lot smarter than I do now, I'm not sure that he even understands all of the procedural issues with that and thinks he can just "Null bad, tho" his way past it.

Would you want somebody to be able to get a bajallion dollar default judgment against you because you blew off an E-Mail?
 
Because it doesn't appear to me that Russ has gotten that part correct yet. And again, he added 2 defendents and changed the 10th circuit shit.
The interesting thing to me is that it seems by adding Lolcow LLC explicitly to the complaint Greer has opened himself up to the jurisdiction question again. He's now saying "Florida Man" and "WV LLC". If he had left that section alone as just Josh and let the court liberally construe Lolcow as the existing Josh claim then he might have gotten away with it. But he's now said that he understands there's a Florida Man and a WV LLC. And Hardin has said "Utah is really wrong now." and "Copyright is litigated in the forum for the accused."
 
holy shit I just realized

sir.

sir, a second veiled suicide threat has hit the docket
How appropriate for page 911! Emergency!

Hardin continues to hold Russhole's feet to the fire, and pointing out his failure to pay sanctions now overdue.

And he is asking for a delay in response to give all the other pending potential causes to have the case dismissed too! I don't know if this is cheeky, or a common legal tactic.
 
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Ah yes, the "Do what I say or I'm killing myself" defence.
Mr. Greer must've been given lessons in Histrionic teenager behaviour.
Reading Filing 288 was a wild ride, Mr. Greer's filings have rapidly turned from "laughably incompetent" to "involuntary hold lunacy".
I am unreasonbly angry about Greer fucking up his font colour from black to gray mid-filing.

1747166254573.webp
Nigger prove it, the site's culture is to not cowtip. Anyone publishing their Ween reviewbombing gets shit on.
Go sue the reviewers.
 
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Hardin has been working pretty fast lately. Normally I would say that a successful lawyer probably wants to put this bullshit aside and work on real cases, but considering he has straight up admitted in his email to Greer that he is getting a kick out of this, I'm hopeful we may get a swift reply.
Well, so much for my rainbow.
The filing makes perfect sense though, this case is already technically under threat of dismissal from several angles so it makes sense to wait until all of them are resolved before going with the actual motion. I'm also interested if shitlips will try opposing this. Would be funny if he opposed, the court agreed, and then just ruled it dismissed even faster.
 
Hardin has been working pretty fast lately. Normally I would say that a successful lawyer probably wants to put this bullshit aside and work on real cases, but considering he has straight up admitted in his email to Greer that he is getting a kick out of this, I'm hopeful we may get a swift reply.

Evidently not. At this rate, we'll be rolling up on the next scheduling conference (August 8, before the District Judge) without having substantially moved the case.
 
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