I think the most likely ruling that would come of any post-dismissal motions would be a mandatory screening of any future complaints against KF or Null. That’s low-effort, easy to implement, and makes the Court happy that this particular litigant won’t shit on its desk again. It won’t make Null whole, but it will deter Russ in particular, and become another ruling in the site’s arsenal of cites for future wannabe litigants.
Obviously the most onerous imposition (for Russ) would be full fees and costs upon a finding that this lawsuit was for an improper purpose, but… there’s not really a way to avoid that finding here, because of Greee’s complete abdication of any responsibility for participating in discovery. In addition, this entire suit stinks of a SLAPP suit, especially taking into consideration extrajudicial statements like bankrupting Null and the settlement offers of “this all stops if you stop talking about me”. Even if there are not specific applicable statutes in play, you’d think the equitable arguments would be.
Spectrum of least-impactful to most would look something like this:
- Dismissal only, without prejudice, for one reason.
- Above, with the addition of several other reasons.
- Above, except this time with prejudice.
- All the above, with imposition of pre-screening and/or automatic denial of IFP for future cases in D.Utah by Russ against Null/KF.
- All the above, with imposition of pre-screening and/or automatic denial of IFP for all future Russ cases in D.Utah. (I don’t believe this screening status can be implemented nationwide, or that would be an option.)
- All the above, with an explicit finding that Russ is a vexatious litigant.
- All the above, with additional monetary sanctions for one of the pending sanctions motions.
- All the above, with the guarantee that the sanctions are to fully recompense Hardin for his time and effort, not arbitrarily cut down.
- All the above, but for every sanctions motion that has been filed.
- All the above, with the imposition of Hardin’s costs.
- All of the above, with the imposition of some of Hardin’s fees.
- All of the above, with the imposition of all of Hardin’s fees.
- All of the above, with the accumulation of pre-judgment and post-judgment interest.
It’s likely that things will pan out on the upper end of this spectrum, but everything up to and including the bottom should reasonably be contemplated. From how the case has shaken out so far, it looks likely that we might land somewhere in maybe one other paid sanction, but otherwise comprehensive dismissal.