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

[Bogliacci]

Oh man, I love it. Forcing Russ to put up or shut up in a week because there's absolutely no way he can get harden out to Utah, and himself out to Utah, to have a scheduling conference. Like it can't even be that difficult to do right? It's pretty much emailing harden asking when his schedule is clear and lines up with Russ'? (Lmao as if droopy has a busy schedule) If there's any sense of reason in the judge he'll let this be what Russ hangs himself with.

 

[ScooterL]

Like it can't even be that difficult to do right?

Both of the orders to propose a schedule, from 2020 and this year, even contained links to a template of the document the Ace Paralegal needed to create. He just chose to ignore both orders, even though he's "basically a lawyer".

 

[Yeeted Teet]

We also do not make fun of Russell L. Greer, who is a veteran and author of WWII novels and by all accounts is a pretty great guy.
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Some of his books sound pretty good, I think I'll legally purchase one and not upload it to Google drive.

 

[ShinyStar]

So, I believe the deadline to file an appeal to the Supreme Court is coming up on March 7th. Does anyone know how filing that appeal would interact with Russ' potential failure to pursue the case? If the court doesn't respond to the scheduling issue before then, does the whole thing move out of their jurisdiction as soon as the appeal is filed, making the whole issue moot? Or can they still dismiss the case for failure to prosecute even after the appeal has been sent?

I would imagine they can't dismiss afterwards because a) being the moving party in the appeal means that Josh would now be the one driving the lawsuit, and b) they wouldn't be continuing to make rulings on the case because it's out of their hands. I could totally see the judge here not wanting to issue rulings until after the deadline to appeal is past, because an appeal would make all of those rulings irrelevant, anyways.

 

[Useful_Mistake]

So, I believe the deadline to file an appeal to the Supreme Court is coming up on March 7th.

Isn't the deadline on the 3rd?

Does anyone know how filing that appeal would interact with Russ' potential failure to pursue the case?

Mr Hardin would have to, I guess, argue to the Supreme Court in his petition that the case is not moot. In cases against the Government and its arms, there is a standard of whether or not the injury could happen again, i.e. it is not enough for the injurer to stop their actions to moot the case because nothing stops them from resuming said actions. I am not aware of the non-governmental standard, but I'd assume it would be something akin to this as well. From that end, the case is certainly not moot. Nothing stops Null from continuing to allegedly contribute to Russ' infringement, Russ petition (and the 10th Circuit) has asserted that this is happening regarding his other works, and with promised works on the horizon, it is possible and probable, that by being (to some extent, whether legal or not) posted here, by 10th Circuit, it would count as Null contributing.

That all said, writs to SCOTUS is a long shot at best, and while the 10th Circuit Judgement is particularly egregious, it would be far harder for Mr. Hardin if Russ voluntarily withdrew, or so is my belief.

? If the court doesn't respond to the scheduling issue before then, does the whole thing move out of their jurisdiction as soon as the appeal is filed, making the whole issue moot? Or can they still dismiss the case for failure to prosecute even after the appeal has been sent?

I believe Mr. Hardin would have to request a stay from the district court pending appeal to SCOTUS.

 

[ShinyStar]

Isn't the deadline on the 3rd?

I'm not at all sure of the dates, so if you think it's the third, then you are doubtlessly right.

Thanks for the explanation. My takeaway is that the law is complicated, and I am in favor of duels.

 

[Kiwi Lime Pie]

Best not to look like you're jumping at technicalities and demanding a dismissal at every point against a poor little pro se gnat. I think he's got the right order of escalation, to let the court choose how annoyed it is with Russel: order advancement of the case, order a conference to force compliance (and making the delaying plaintiff pay for it), then maybe order a dismissal.

This makes sense within and outside a legal context. It's most reasonable to request the most reasonable option first (here, this is advancement of the case) and save the most nuclear option (dismissal) for last. This also puts the opposing party on notice that their failure to behave properly has progressive consequences if it continues. It also makes it less likely for Russ or an appeals court to claim that not all options were properly considered/pursued before a potential dismissal.

My personal theory is Russ is delaying on purpose trying to get it thrown out, so he can play the victim on social media. Withdrawing is an admission of defeat, but a dismissal can be spun. "I won on appeal, but then the mean old judge threw my case out on a scheduling technicality! I was winning, then they buried me with paperwork while I was bringing my lawyers up to speed! It's not my fault, the court actually agreed with me!"

While I'm not sure Russ is smart enough to actively consider this as a strategy (he can't even handle two or more motions at the same time without it making his head spin), I'd agree that he'd feel this way and post about it if the case were to be dismissed because of his own inaction.

 

[Kosher Salt]

While I'm not sure Russ is smart enough to actively consider this as a strategy (he can't even handle two or more motions at the same time without it making his head spin), I'd agree that he'd feel this way and post about it if the case were to be dismissed because of his own inaction.

Yeah, I think Russ still believes he's going to win this case if he can just scrounge up enough pennies to pay those DJF lawyers. Now, he's in a panic because of all these motions he's got to oppose, and he has no money to pay the lawyers to do it for him, so he's going to stall and delay, sure. It would make no tactical sense for him to intentionally sabotage the case, though. It'd amount to snatching defeat from the jaws of victory.

If it happens, it won't be because Russ intended for it to happen. I expect we'll see plenty more frantically drafted filings from him before this all wraps up.

 

[Bogliacci]

It would make no tactical sense for him to intentionally sabotage the case, though.

A lolcow intentionally self sabotaging? Documented on the kiwifarms?!

 

[waffle]

Russ having to pay Hardin's bill for going to Utah wluld be fun. I bet he'd argue that he took the buss there so it's unreasonable to have to pay for a plane ticket for Hardin.

 

[reptile baht spaniard rid]

Oh man. Imagine if the demons joined forces and Nick Rekieta decided to randomly sue people he has beef with while pissfaced drunk. He's already just a stone toss away from where Russ stands as a person, he's a terminal coomer obsessed with whores, spends most of his time seething and babbling incoherently, and has a questionable law background.

The amusing thing about being a lawyer is the judge will have none of your shit if you start even thinking about doing crazy pro se shit like russ is doing. You might be able to file pro se (I dunno) but if you fuck up, your ass is on the line, because as a lawyer you should know better.

 

[Thomas Talus]

The amusing thing about being a lawyer is the judge will have none of your shit if you start even thinking about doing crazy pro se shit like russ is doing. You might be able to file pro se (I dunno) but if you fuck up, your ass is on the line, because as a lawyer you should know better.

IIRC there was a lawyer in BC recently who did a bunch of pro-se sov cit filings and got emergency disbarred over it.

 

[SaidTheSpider]

IIRC there was a lawyer in BC recently who did a bunch of pro-se sov cit filings and got emergency disbarred over it.

Naomi Arbabi? It was just the one filing as far as I'm aware, but a particularly egregious one.

 

[DrJonesHat]

We also do not make fun of Russell L. Greer, who is a veteran and author of WWII novels and by all accounts is a pretty great guy.
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He's also written a very good alt-history "Cold War goes hot" novel: "Pale Horse 3." We do not make fun of him.

 

[Vect]

Yeah, "phlights" or not, Russell not following up on his own lolsuit should really start to expend the court's patience with him. I think, because he can't process how to adapt to his original plan, he's just going to keep begging for extensions for as long as he can or he'll ghost the court and pretend the suit never happened.

 

[CEO of Gay]

It would make no tactical sense for him to intentionally sabotage the case, though. It'd amount to snatching defeat from the jaws of victory.

If it happens, it won't be because Russ intended for it to happen. I expect we'll see plenty more frantically drafted filings from him before this all wraps up.

I look forward to those frantic explanations.

or he'll ghost the court and pretend the suit never happened.

Would the court punish him somehow (fines, contempt, whatever) or are they more likely to accept a motion to dismiss to wash their hands of the time-wasting retard?

i bet some crazy fucks out there would even pay to own nick rekeitas original balldo if it was up for grabs

Anyone looking to grab Rekeita's balldo is gay.

 

[Pedophobe]

IIRC there was a lawyer in BC recently who did a bunch of pro-se sov cit filings and got emergency disbarred over it.

One good thing about Canada (stay with me here) is they have Meads vs Meads which enabled the precedent that as soon as somebody even hints at going SovCit in front of a judge they get banished straight to the depths of hell.

 

[TheOtherSideofMakeBelieve]

Would the court punish him somehow (fines, contempt, whatever) or are they more likely to accept a motion to dismiss to wash their hands of the time-wasting retard?

I don't know if it would be but I feel like appealing something, winning the appeal, and then immediately throwing the case is something that should be sanctionable on the same level as just making a frivolous appeal

 

[Sexy Senior Citizen]

Would the court punish him somehow (fines, contempt, whatever) or are they more likely to accept a motion to dismiss to wash their hands of the time-wasting retard?

With some luck, he'll get the Melinda Scott treatment and be labeled vexatious.

 

[RodgerDodger]

With some luck, he'll get the Melinda Scott treatment and be labeled vexatious.

The best hope for that was with the AGT Freemantle lawsuit. Where they built the case to do so.

I think at this point the best that could be asked for is an injunction preventing him from going after Null again, assuming the court dismisses for failure to prosecute.