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

[StinkySnack]

Thanks fucktard. I was seeking clarification on the Supreme Court's response to Russell's antics, but yes, I probably skimmed over it. Good job pointing that out faggot.

You're quite welcome, lazy ass.

 

[obsdj]

Now now girls, you're both pretty.

 

[Pee Cola]

Ask, and you shall receive:
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Fun parts:
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Hardin seems to be really enjoying himself with this lolsuit. I almost feel sorry for Russhole. He brought a rusty spork to a knife fight; Hardin brought a howitzer.

I suspect Russhole's next move, once his trauma lumps subside, could be to sent another "emergency" filing to Utah begging them to reverse the change of venue, despite the fact that it's obviously far too late now.

I can also see Russhole lodging a complaint against Hardin to the bar association for dawxxxxxxxxing, but he'd probably send it to the bar association in the wrong state.

 

[Useful_Mistake]

Now now girls, you're both pretty.

Am I pretty?

 

[StinkySnack]

I suspect Russhole's next move, once his trauma lumps subside, could be to sent another "emergency" filing to Utah begging them to reverse the change of venue, despite the fact that it's obviously far too late now.

Yeah, I expect him to make a few more "MUH EMERGENTHY" filings in Utah, and then completely ghost the Florida courts.

Nevada/Utah area was comforting to him and basically his "home turf". He sees Florida as a foreign country. Wild, scary, uncharted. He's afraid of litigating in Florida and I don't think he's gonna do it.

 

[Betonhaus]

Am I pretty?

I think we should focus on your personality

 

[Useful_Mistake]

I think we should focus on your personality

Oh, so I'm ugly on the inside and the outside....? Mean.

 

[DavidS877]

Yeah, I expect him to make a few more "MUH EMERGENTHY" filings in Utah, and then completely ghosting the Florida courts.

Nevada/Utah area was comforting to him and basically his "home turf". He sees Florida as a foreign country. Wild, scary, uncharted. He's afraid of litigating in Florida and I don't think he's gonna do it.

Imagine when the clerk tells him he can't send email and has to fax or postal mail his documents. I mean sure the clerk could accept them via email, but it would be funny if they don't.

 

[Betonhaus]

I don't think we should expect a response from Greer on a reasonable time frame. He's probably going to waste time begging his ex-lawyers to help him, followed by trying to get mummy and daddy to pay for a lawyer.

 

[Blackstar]

Am I pretty?

Weight?

 

[.iota.]

i'm curious about a couple of things ...

in this post from march 20th, the grant to change venue and denial of the motion to compel was given docket #97:


in this post from march 20th, greer's motion to reconsider was given docket #98:


in this post from march 21st, the report of the decision being sent to the copyrights office was given docket #99, and the notice of the case being transferred to florida was (tentatively) given docket #100:


@Useful_Mistake even commented about the case ending in utah with exactly 100 entries:

I like that we ended the case in Utah with a nice clean 100 entries in the case.

but then, in this post from the same day, the case transfer (formerly docket #99) has been changed to docket #98, and hardin's motion to appear is given docket #99, and the notice to admit skordis and harmen is given docket #100:


and in this post from march 21st, hardin's motion oppose greer's motion to reconsider is given docket #101:


yet in this post, from today, hardin's motion for conference or dismissal is also given docket #101:


this is how the record currently appears (since the change of venue was ordered):


so, what gives? why have multiple memorandums, motions, and notices been removed from the docket?
is this something that typically happens? isn't that information necessary to maintain a clear record of the case?

 

[Mind Goblins]

I don't think we should expect a response from Greer on a reasonable time frame. He's probably going to waste time begging his ex-lawyers to help him, followed by trying to get mummy and daddy to pay for a lawyer.

I get where you're coming from and somewhat agree with you, but I think it's important to remember that from the court's perspective Russ has recently responded to a filing with 19 pages just 30 minutes after the filing was made. Now, we can reasonably assume that he had been working on that for the six-ish days since the motion for stay was denied and then spent the 30 minutes scrambling to reorganize it into a response to the change of venue, but there's also nothing in this case that he's being asked to do that he hasn't had a lot longer to take care of. I wouldn't be surprised if he gets put on a much shorter leash this time around, and he should count himself as lucky if the court bothers to inform him that his rope is running out before giving it a sharp yank.

Edit:

so, what gives? why have multiple memorandums, motions, and notices been removed from the docket?
is this something that typically happens? isn't that information necessary to maintain a clear record of the case?

Russ's motion to reconsider and Hardin's response to that motion look like they were removed because they were both filed on a case that no longer existed, so neither docket entry technically existed. They were probably just cleaned up recently to reflect that.

 

[DavidS877]

is this something that typically happens? isn't that information necessary to maintain a clear record of the case?

2 different courts, 2 different dockets. Utah never sent Greer's whining to Florida so it doesn't appear there.
Utah: https://www.courtlistener.com/docket/18443430/greer-v-moon/

Florida: https://www.courtlistener.com/docket/68363315/greer-v-moon/

 

[AnOminous]

Along with rather cleverly pointing out that the 10th dumped this all in her lap rather than deal with it.

It was the District Court that punted it. I don't blame them. They must have been thrilled when Russhole failed to oppose the motion.

 

[Betonhaus]

so, what gives? why have multiple memorandums, motions, and notices been removed from the docket?
is this something that typically happens? isn't that information necessary to maintain a clear record of the case?

Greer's motion to reconsider was submitted after the court transfer, after which he would've been required to submit it himself at the Florida court. Hardin's response is to a document that Florida does not have docketed

 

[AnOminous]

Russ's motion to reconsider and Hardin's response to that motion look like they were removed because they were both filed on a case that no longer existed, so neither docket entry technically existed. They were probably just cleaned up recently to reflect that.

I think the addition to the docket on PACER is either an automatic process or done by a low-level functionary. Not having ever filed anything via PACER myself, I'm not entirely sure. However, removing it would probably take the intervention of the Clerk. Don't let that title fool you. The Clerk is generally the most important person working there other than perhaps the Chief Judge. Absolutely everything goes through the Clerk and the orderly functioning of the court depends on them doing their jobs, so they're generally highly competent.

A court can survive one or two fuckup judges on it, but everything comes to a grinding halt without the Clerk. Obviously, the Clerk doesn't make any direct rulings and has no explicitly judicial decision-making power, but often creates docket entries such as Notices of Default which are essentially mechanical and clerical (the judge would subsequently enter the actual default which is the step after a Notice of Default is entered automatically). Nevertheless, despite generally not having discretionary duties, these things need to be done to keep things moving.

So either the Clerk removed it on his own initiative, probably after bringing it to the attention of the judge, or the judge told him to do that. Judges also sometimes ask for a Clerk's interpretation of the procedural rules because the Clerk often knows them better than the judge unless the judge is specifically a procedural wonk (many are not).

tl;dr the Clerk probably deleted it after it was automatically added either by the electronic filing system or some lower level employee in the Clerk's department.

Greer's motion to reconsider was submitted after the court transfer, after which he would've been required to submit it himself at the Florida court. Hardin's response is to a document that Florida does not have docketed

Generally the legal effect of a transfer motion is instantaneous. The instant the signature is on the paper and the transfer is conveyed to the transferee court, the original court no longer has jurisdiction even to reconsider it. Russ would probably have to file another motion to transfer in Florida. I'm not sure if courts have ever gotten in a slapfight and ping-ponged a case back and forth between them but that would be. . .pretty mildly amusing for something that is costing Null money.

Once more, unto the breech dear friends, once more.

Maybe he's suggesting Russhole's gimpface is because he was a breech birth, i.e. born feet first or ass backwards. He's certainly done everything ass backwards since.

I hope so. Would be a funny end to it all.

I hope he utterly tards out and just keeps filing crazy bullshit in the wrong court.

 

[Thomas Talus]

Not having ever filed anything via PACER myself

To be pedantic, you access documents through PACER (Public Access to Court Electronic Records), you don't file them. Filing is done through CM/ECF.

 

[DumbDude43]

why is harding already filing motions when the court hasn't even granted his request for pro hac vice status yet?

 

[Useful_Mistake]

Russ would probably have to file another motion to transfer in Florida. I'm not sure if courts have ever gotten in a slapfight and ping-ponged a case back and forth between them but that would be. . .pretty mildly amusing for something that is costing Null money.

Florida has ruled that this is not judicially acceptable and cannot be done. See:

Hey, Supreme Court of Florida! Can Russ go back to Utah? "These decisions make clear that the interests of justice require a rule designed to inhibit trial courts from engaging in a "ping-pong game" by transferring a case back and forth, thereby jeopardizing the rights of the parties and undermining public confidence in the judicial function. Accordingly, we conclude that absent extraordinary circumstances, a trial judge's order granting a change of venue may not be reviewed by a successor trial judge in the new venue. Once such an order has been issued, it must be honored in the new venue unless and until a proper appellate court rules otherwise." - State v. Gary, 609 So. 2d 1291 (Fla. 1992)

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I hope he utterly tards out and just keeps filing crazy bullshit in the wrong court.

That would also be funny

why is harding already filing motions when the court hasn't even granted his request for pro hac vice status yet?

Because he is allowed to.

 

[AnOminous]

To be pedantic, you access documents through PACER (Public Access to Court Electronic Records), you don't file them. Filing is done through CM/ECF.

You're right, I just always call it all PACER though.

Florida has ruled that this is not judicially acceptable and cannot be done. See:

Funny, I wouldn't ordinarily use "ping-ponged" to refer to something like this. My guess is I read one of these cases using this language at some point and remembered that but forgot the case itself.