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

[Harvey Danger]

So, Russ wants to punish Mr. Hardin under 28 USC § 1927, does he?

I checked his citation, and as usual, it doesn't match up with how Russ wants to use it. The fact pattern matches up opposite of his situation (again, as usual).

Spoiler: it's like poetry, it rhymes

An artist sued a book writer and his publisher for libel. Judge threw it out for failing to state a claim, and being past the statute of limitations. At which point, the defense:

moved for dismissal or summary judgment and for Rule 11 sanctions. Appellant's response to the motion was termed by Judge Conboy "wholly incoherent."

Ok that applies to Greer more than usual

The pro se litigant in question was actually the author and publisher defendants, who were previously represented by counsel but went pro se at the appellate level. They simply asserted the trial court got it right and asked for more sanctions because of the appeal. The appeals court upheld the ruling, upheld the sanctions, and slapped both the plaintiff and his law firm with additional sanctions for a frivolous appeal. (The 10th Circuit could take a lesson here.) T

Interestingly, the ruling doesn't say how "attorney's fees" are calculated for pro se litigants. The money actually came from the court punishing the plaintiff for such a bad filing. His law firm got hit because there were core jurisdictional problems that they should've noticed before filing, and it was clearly a waste of everyone's time.

In the instant case, in light of the lack of jurisdiction, coupled with the weakness of appellants' arguments on the merits, we impose a damage award of $2,500, along with double costs and attorney's fees to appellees. Appellees, pro se, have suffered considerable vexation in connection with this lawsuit. It is unfortunate that the case went as far as it did. The award of damages, double costs and attorney's fees will serve to compensate appellees, in part, for the time and money that they have expended.

Also interesting that they upheld the lower court's ability to impose Rule 11 sanctions on matters wholly separate from questions of fact or subject knowledge. Russ may want to read that before appealing his own wristslaps.

So yes, a pro se litigant can get attorney's fees, when the other side has so colossally screwed up basic law and jurisdiction that they get hit with double costs. But which side does that describe better in this case?

Anyway, the more interesting claim is that



IANAL but I don't think you can just assume something that's true in FRCP automatically carries over to non-identical USC codification. There has to be some connecting argument to equate them. At least something like "FRCP 11 is like USC 1927 because X is substantively the same thing as Y, as shown in this ruling", etc. You can't just assert things "should" happen and you can't find a precedent that immediately bars you from trying.

(Well you can, but it looks retarded.)

 

[somevan712]

I would argue you can claim the "irrelevant" square based on the continued plightsperging that "Mr Hardin isn't even talking about copyright infringement anymore, even though I've effectively prohibited him from doing so"

Schrödinger's copyright case:
It's a copyright case when Greer wants Defendants to pay sanctions, when he complains about the ebil Kee wee farmers, and when Nool stalker-childed him from across the world.

It's not a copyright case when stalker child Hardin wants him to tell the truth in general, provide evidence about 'copyright infringement', or face sanctions for refusing to do so.

 

[Rusty Shekelford]

Suffah, judge. I hope this case becomes the albatross that forever hangs around his neck. I hope when he goes to eat his judge lunch I'm the judge cafeteria that all the other judges point and snicker at him. "Hey Benny! Heard you came down with a bad case of IPF! Maybe another 69 filings will clear it up, Jackass Jerry!" The chants of "GREEE" from the bailiffs and public defenders growing until Bennet becomes too embarrassed and upset so he leaves for his chambers. On the way down the hall a Chad prosecutor dumps his judge tray while his goofy DA pal flips Bennett's robe in front of the cute clerk he's crushing on. Her laughter reminds him that life never really got better once he left the tenth grade and so he cracks open a bottle of Kessler as he blankly waits for the next filing to drop in this hell that has become his life.

Suffah, judge. Suffah.

My man, you can't defame this Utah judge like that
It'd be a Dr. Pepper
Also, I'm not sure what it is, but every time Greeeeee hits us with the IPF it just scratches that itch in a way his other repeated antics have faded in their ability to do.

 

[Sexy Senior Citizen]

Stop me if I'm wrong, but aren't Hardin and Rusty forbidden from filing while waiting for the judge to rule?

 

[obsdj]

Stop me if I'm wrong, but aren't Hardin and Rusty forbidden from filing while waiting for the judge to rule?

There've been no orders to that effect.

 

[LiquidChrisRespecter]

Stop me if I'm wrong, but aren't Hardin and Rusty forbidden from filing while waiting for the judge to rule?

No, Shitlips was just warned that any further plightsperging will not get him more leniency on the sanctions that are already payable.

Which of course is horseshit, because every time he refuses to pay, the deadline for payment just gets moved. Okay, they can tack another $500 on, but they're well aware that's still a severe underpayment and if the deadline keeps moving, then really $0 is payable.

 

[Fetch!]

Stop me if I'm wrong, but aren't Hardin and Rusty forbidden from filing while waiting for the judge to rule?

You might be thinking of Stabbins (Acerthorn) v Moon (Or whatever that case was styled as)

 

[mindlessobserver]

You might be thinking of Stabbins (Acerthorn) v Moon (Or whatever that case was styled as)

And the funny thing about that case is the judges have told everyone to shut up while they think about it. Its been over a year since then lol

 

[Debbie Macomber]

Hope Hardin points out every citation and argument Russ makes is actually why RUSS should be sanctioned for multiplying caseload and having an empty head and hookerfilled heart, because Russ is just mimicking Hardin's own motions back at him

 

[Sweeter and Savoury]

Has Melonhead forgotten that he's the plaintiff here? His pleading sound like he's defending from Jersh and not the supposed plaintiff of some kind of copyright case/whatever Russtard wants to bitch about today case.

You started this shit fuckface, Null didn't sue you. You wanted vengeance against the people saying mean things against you and now your bitching that the big bad man attorney is doing his fucking job? Get fucked Mushmouth.

You sowed the wind Russel, now shall ye reap the whirlwind.

 

[Sexy Senior Citizen]

Has Melonhead forgotten that he's the plaintiff here? His pleading sound like he's defending from Jersh and not the supposed plaintiff of some kind of copyright case/whatever Russtard wants to bitch about today case.

He doesn't want Josh to be able to defend himself. He wants to sperg about his plights, and then watch as the Judge awards him a bajillion dollars and a sex slave. He's quite miffed Josh won't accept his dick flattening, and even more so as Josh's lawyer is defending him.

 

[Himedall All-seeing Waifu]

Part of his motion seeks relief under Rule 11 which:

1. Requires it to be a separate motion
   
   and
   
   
2. Requires it to be presented to the offending party 21 days in advance

He will claim that he 'mentioned' sanctions in prior mails for MONTHS. Mark me.

What's his bar number?

1-800-HOO-KERS (He wishes)

NO, CHILD! The second circuit said in 1991 that Greer could get attorney's fees. I'm sorry you're such a hooker. Enjoy Sanctions!
View attachment 7647289

Greer has the 10th AND 2nd circuit on his side! When he collects all 10, he will be able to wish his thread out of existence!

 

[RussianParasite]

Or is he hoping to spin it as a cost to his mental health for not litigating a case he willingly initiated? Which is worth 2000 dollars apparently and coincidentally would pay off his now 1500 dollar sanction he has been avoiding.

I think it has more to do with how much he anticipates his next hooker trip will cost (Olive Garden not included). He’s not paying Null a RED PENNY, remember?

 

[Rusty Shekelford]

Greer has the 10th AND 2nd circuit on his side! When he collects all 10, he will be able to wish his thread out of existence!

Nobody tell Greer there are 11

 

[Irene and 22 others]

Also, I can't believe he is demanding attorney's fees when he's still due to pay sanctions to Moon.

That's why he's asking for sanctions. It's to cancel out the sanctions that he already owes and is possibly too broke to pay. Too bad he fucked up procedure once again and this will be slapped down. Hardin shouldn't have to spend much time on this as he can crib off his own previous filings in this same case. Reminding the judge that Greer has tried this before (and that he still hasn't paid the sanctions he was ordered to pay months ago) wouldn't hurt either.

 

[obsdj]

He will claim that he 'mentioned' sanctions in prior mails for MONTHS. Mark me.

Tough titties because what the rule says is that the other party has to be served with the motion 21 days before filing it with the court. You can't just type up a motion for sanctions and file it while claiming you completed service under the rule because you're been making idle, spittle-flecked threats via email for months. Not that the actual rules or laws ever stop him from proceeding in his fantasyland version of courtroom procedure.

 

[Atomic Ant]

Tough titties because what the rule says is that the other party has to be served with the motion 21 days before filing it with the court.

I wonder how many times the court has to just straight up ignore the rule and act on fiat before people cotton on. He must be sanctioned to the tune of $5000, says the rule. Perhaps these rules just arent worth very much.

You can't just type up a motion for sanctions and file it while claiming you completed service under the rule

HIDE AND WATCH ME!

 

[Thomas Talus]

My man, you can't defame this Utah judge like that
It'd be a Dr. Pepper

Unlikely:

A 12-ounce can of Dr Pepper contains approximately 41 milligrams of caffeine.

 

[Himedall All-seeing Waifu]

Tough titties because what the rule says is that the other party has to be served with the motion 21 days before filing it with the court. You can't just type up a motion for sanctions and file it while claiming you completed service under the rule because you're been making idle, spittle-flecked threats via email for months. Not that the actual rules or laws ever stop him from proceeding in his fantasyland version of courtroom procedure.

Dealer's choice for Greee's response:

1. Excusable negligence
2. Courts are to liberally construe pro se filings (I am not an attorney/I have a job/etc...)
3. Mr. Hardin is nitpicking on every little things (Bonus if he uses the word 'bizarre'
4. BUT THE KIWIFARMS STALKERS!
5. Muh 10th circuit thought I had a case
6. Another bad legal citation

 

[GaryGray]

Dealer's choice for Greee's response:

1. Excusable negligence
2. Courts are to liberally construe pro se filings (I am not an attorney/I have a job/etc...)
3. Mr. Hardin is nitpicking on every little things (Bonus if he uses the word 'bizarre'
4. BUT THE KIWIFARMS STALKERS!
5. Muh 10th circuit thought I had a case
6. Another bad legal citation

Whatever his excuse it will be nothing but a bizarre goof. A silly gaff if you will. Being pro se he is allowed to make mistakes without repercussions.