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 15.4%
  • Next Month

    Votes: 52 12.0%
  • This Year

    Votes: 71 16.3%
  • Next Year

    Votes: 144 33.1%
  • Whenever he issues an update to the sanctions

    Votes: 101 23.2%

  • Total voters
    435
Bright and early on the 30th. Well-played, Mr. Hardin.

I'm assuming he had this drafted weeks ago and could have submitted it previously. Part of me wonders if he did so early in the day because he knows it will cause Greer to sperg out and immediately rush to explain to the court instead of doing other things that he really ought to be doing today.

Gree does not get to respond to this document, the process goes motion to dismiss (Hardin) -> response (Greee) -> reply (what Hardin filed today).

Do you think that will stop Russ? I don't think we'll see a response to this from Greee before tomorrow, but we should see another status report from Hardin later this afternoon.
 
I think IFP in the appeals court is an entirely separate application / determination. Although I would expect Hardin to object and bring up the recent IFP status change.
You have to file a notice of intent to appeal with the district court and you file your motion to appeal IFP with the district court as well. It is a bit confusing you'd think you'd file with the appeal court but no.

I thought this was the case and I wanted to look it up to be sure so here is the form you need to file an appeal IFP.
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So in short Greer would have to ask the district court to be IFP which just determined that he wasn't IFP.

BTW in case anyone thinks this is about an appeal from the magistrate to the district court here is the form name btw.
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I think the reason here is simple. He got behind on filings and fees for "Intimate Dealings LLC" and it was cheaper to let it expire and re-file than to bring the previous LLC current.
Do you know for sure that it's actually cheaper to file for a new LLC than it is to re-up? That seems bizzare(ly).
 
Do you know for sure that it's actually cheaper to file for a new LLC than it is to re-up? That seems bizzare(ly).
Yearly fees are $350. New filing is $425. Get more than a year behind and it seems to make sense. There's also a $300 reinstatement fee that seems to also require all the missing yearly fees as well. If you had no assets in the previous LLC there doesn't seem to be much reason to reinstate it.
 
Gree does not get to respond to this document, the process goes motion to dismiss (Hardin) -> response (Greee) -> reply (what Hardin filed today). Given how he's handled the sanctions I expect he won't try relitigating this filing unless or until Bennett recommends dismissal/Barlow grants the recommendation.

True as this may be, I do not expect that to stop Russhole from replying to it with a supplemental authority document full of insults and plights.
 
Is the red-line comparison approach reasonably standard operating practice? It's kinda weird to see editing approaches show up in law, but I guess I shouldn't be surprised.
Yes, although it's much more commonly done in legislation than litigation. In some jurisdictions the local rules actually require the plaintiff submit one with an amended complaint. For example, the District of Delaware.
 
Yes, I saw, but I was more interested in Grande Communications Networks, LLC v. UMG Recordings, Incorporated, et al. because it is the Grande case that actually cites Greer v. Moon 10th Circuit decision.

Cox v. Sony does cite Greer v. Moon! We're going to SCOTUS, baby!
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ETA forgot to mention they denied cert in Sony v. Cox today, hee.
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Attachments

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Hey! No helping Greer! Someone janny Hardin before he gets the thread locked!

Text of Federal Rules of Evidence 902, for those wondering. Spoiler: iPhone screenshots of websites and email are not covered.


Rule 902. Evidence That Is Self-Authenticating​

The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:

(1) Domestic Public Documents That Are Sealed and Signed . A document that bears:

(A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and​
(B) a signature purporting to be an execution or attestation.​

(2) Domestic Public Documents That Are Not Sealed but Are Signed and Certified . A document that bears no seal if:

(A) it bears the signature of an officer or employee of an entity named in Rule 902(1)(A) ; and​
(B) another public officer who has a seal and official duties within that same entity certifies under seal — or its equivalent — that the signer has the official capacity and that the signature is genuine.​

(3) Foreign Public Documents . A document that purports to be signed or attested by a person who is authorized by a foreign country’s law to do so. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester — or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States. If all parties have been given a reasonable opportunity to investigate the document’s authenticity and accuracy, the court may, for good cause, either:

(A) order that it be treated as presumptively authentic without final certification; or​
(B) allow it to be evidenced by an attested summary with or without final certification.​

(4) Certified Copies of Public Records . A copy of an official record — or a copy of a document that was recorded or filed in a public office as authorized by law — if the copy is certified as correct by:

(A) the custodian or another person authorized to make the certification; or​
(B) a certificate that complies with Rule 902(1) , (2) , or (3) , a federal statute, or a rule prescribed by the Supreme Court.​

(5) Official Publications . A book, pamphlet, or other publication purporting to be issued by a public authority.

(6) Newspapers and Periodicals . Printed material purporting to be a newspaper or periodical.

(7) Trade Inscriptions and the Like . An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.

(8) Acknowledged Documents . A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.

(9) Commercial Paper and Related Documents . Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.

(10) Presumptions Under a Federal Statute . A signature, document, or anything else that a federal statute declares to be presumptively or prima facie genuine or authentic.

(11) Certified Domestic Records of a Regularly Conducted Activity . The original or a copy of a domestic record that meets the requirements of Rule 803(6) (A)-(C), as shown by a certification of the custodian or another qualified person that complies with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record — and must make the record and certification available for inspection — so that the party has a fair opportunity to challenge them.

(12) Certified Foreign Records of a Regularly Conducted Activity . In a civil case, the original or a copy of a foreign record that meets the requirements of Rule 902(11) , modified as follows: the certification, rather than complying with a federal statute or Supreme Court rule, must be signed in a manner that, if falsely made, would subject the maker to a criminal penalty in the country where the certification is signed. The proponent must also meet the notice requirements of Rule 902(11) .

(13) Certified Records Generated by an Electronic Process or System. A record generated by an electronic process or system that produces an accurate result, as shown by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12). The proponent must also meet the notice requirements of Rule 902(11).

(14) Certified Data Copied from an Electronic Device, Storage Medium, or File. Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person that complies with the certification requirements of Rule (902(11) or (12). The proponent also must meet the notice requirements of Rule 902 (11).
 

Attachments

I don't know if the judge is going to want to put as much time into going down that route as it almost certainly requires more work than he'll want to put into it when there are already several other avenues to dispose of this case more easily
What work? Greer outright admitted to IFP fraud in his response filing. Not that he realized he did it.

He said he filed IFP in this case because he had had too much elective spending that month. Such as suing his way onto AGT! But the statute of limitations on this case would expire before he had enough money for it. So he committed IFP fraud to beat the clock. This doesn't require deep analysis or legal research. The Plaintiff seems to openly admit he views IFP to use as a slush fund when he runs out of money for all of his elective and vexatious lawsuits.
 
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