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

[obsdj]

So what are the next steps in this case? Will Russell get a chance to show up late again? That would be the chef's kiss.

Yeah, he has to submit a briefing no later than tomorrow on whether the court should award fees to Null based on Greer's willful recalcitrance. It's pretty funny that the judge called it that BEFORE this most recent shitshow. He hadn't seen nuthin yet.

 

[Useful_Mistake]

@Useful_Mistake, could we have a new poll for the december 23rd order?

Sure

 

[cromit]

So how is a trial supposed to work if Russ has disclosed no document evidence, and has stipulated to having no witnesses? Especially if he didn’t ask for a jury trial and the judge is the factfinder. Does Null even have to move for anything, or can the judge just point out “no evidence, no case,” just like every other judge that has gotten this far in a Russ case? I mean, assuming there’s no case-ending sanctions from the show-cause, the case is still over, right?

 

[he who has thus come/gone]

So how is a trial supposed to work if Russ has disclosed no document evidence, and has stipulated to having no witnesses?

It usually wouldn't. That's what summary judgment is for. Though it depends on what elements are required for the causes of action he asserted.

 

[LiquidChrisRespecter]

Russel needs to tell the court why he should not be sanctioned by the end of the day tomorrow. In the meantime he has added to the list of reasons to sanction him so it should be a banger.

I hope this one has the "sorry for filing 2 hours late" passage while there's clear evidence of him shopping for whores online over the past week or it's after filing other irrelevant bullshit that nobody asked for.

 

[reptile baht spaniard rid]

“I was late filing this motion because it was more important to file copyright strikes against YouTube channels instead.”

 

[Bogliacci]

“I was late filing this motion because it was more important to file copyright strikes against YouTube channels instead.”

Well, he reported it for bullying not a DMCA

 

[BoomerPrime]

Well, he reported it for bullying not a DMCA

That might make him an even bigger faggot.

"They're bullying me" - guy who tries to bully hookers to pay attention to him.

 

[Bogliacci]

That might make him an even bigger faggot.

"They're bullying me" - guy who tries to bully hookers to pay attention to him.

Russ sues whores that make fun of him even

 

[Bill Evans 45]

That would be the chef's kiss.

But will the chef kiss him in a way that helps his disability?

 

[Nick G]

Yeah, he has to submit a briefing no later than tomorrow on whether the court should award fees to Null based on Greer's willful recalcitrance. It's pretty funny that the judge called it that BEFORE this most recent shitshow.

This is the best part. What Russel needs to turn in by December 23rd has nothing to do with this latest round of filings; rather, he needs to argue that his refusal to produce witnesses or evidence last time is excusable. Therefore, to claim ignorance he needs to argue that "this was a mistake, it won't happen next time" despite the fact that "next time" was last week and his filing was both late and incomplete. Unlikely to be persuasive. My guess is that he will instead argue that the phone numbers being published in a recent filing retroactively justifies all previous non-compliance, which is an admission that he 100% knows he is violating the rules but believes he is justified in doing so because he is special.

The one question I hope will be answered in the December 23rd filing is whether Russel believes his Rule 26(a) production is now complete or not. I honestly do not know what his position is here. If he claims to have fully complied with the court order (albeit hours late), then he has no evidence. If he claims that what he provided was an incomplete list and he is still working on it, then he's admitting to violating the order that this be completed by December 18th, which the judge implied was his last chance. Knowing Russel, my guess is that he claims the 26(a) production is 100% complete in the December 23rd filing to avoid sanctions, and then reverse his position down the line and introduce more witnesses and/or evidence.

 

[kcbbq]

This is the best part. What Russel needs to turn in by December 23rd has nothing to do with this latest round of filings; rather, the needs to argue that his refusal to produce witnesses or evidence last time is excusable. Therefore, to claim ignorance he needs to argue that "this was a mistake, it won't happen next time" despite the fact that "next time" was last week and his filing was both late and incomplete. Unlikely to be persuasive. My guess is that he will instead argue that the phone numbers being published in a recent filing retroactively justifies all previous non-compliance, which is an admission that he 100% knows he is violating the rules but believes he is justified in doing so because he is special.

The one question I hope will be answered in the December 23rd filing is whether Russel believes his Rule 26(a) production is now complete or not. I honestly do not know what his position is here. If he claims to have fully complied with the court order (albeit hours late), then he has no evidence. If he claims that what he provided was an incomplete list and he is still working on it, then he's admitting to violating the order that this be completed by December 18th, which the judge implied was his last chance. Knowing Russel, my guess is that he claims the 26(a) production is 100% complete in the December 23rd filing to avoid sanctions, and then reverse his position down the line and introduce more witnesses and/or evidence.

He signed the stipulation that says he has no witnesses or evidence. That's admitting he was lying in most of his filings.

 

[Jotch]

Don't worry about the takedowns, Russ is just being a jock shocker. He's helping to celebrate 500 pages the only way he knows how.

 

[Disgruntled Pupper]

He signed the stipulation that says he has no witnesses or evidence. That's admitting he was lying in most of his filings.

MOOOOVE ON, that was two whole days ago he's changed and now he totally has a bunch of witness and awesome evidence to introduce, just move on already FRICK

 

[Himedall All-seeing Waifu]

This is the best part. What Russel needs to turn in by December 23rd has nothing to do with this latest round of filings; rather, he needs to argue that his refusal to produce witnesses or evidence last time is excusable. Therefore, to claim ignorance he needs to argue that "this was a mistake, it won't happen next time" despite the fact that "next time" was last week and his filing was both late and incomplete. Unlikely to be persuasive. My guess is that he will instead argue that the phone numbers being published in a recent filing retroactively justifies all previous non-compliance, which is an admission that he 100% knows he is violating the rules but believes he is justified in doing so because he is special.

The one question I hope will be answered in the December 23rd filing is whether Russel believes his Rule 26(a) production is now complete or not. I honestly do not know what his position is here. If he claims to have fully complied with the court order (albeit hours late), then he has no evidence. If he claims that what he provided was an incomplete list and he is still working on it, then he's admitting to violating the order that this be completed by December 18th, which the judge implied was his last chance. Knowing Russel, my guess is that he claims the 26(a) production is 100% complete in the December 23rd filing to avoid sanctions, and then reverse his position down the line and introduce more witnesses and/or evidence.

He will go with some kind of 'I am retarded' defence. He will claim he followed the rules, but if he got it wrong, he can get it right if they give him a few weeks. Of course none of this will harm the murder-doxing plaintiff, he will aay.

 

[victor lasagna]

So how is a trial supposed to work if Russ has disclosed no document evidence, and has stipulated to having no witnesses? Especially if he didn’t ask for a jury trial and the judge is the factfinder. Does Null even have to move for anything, or can the judge just point out “no evidence, no case,” just like every other judge that has gotten this far in a Russ case? I mean, assuming there’s no case-ending sanctions from the show-cause, the case is still over, right?

With the stipulation in place, the case is now begging for summary judgment. At the close of evidence (seemingly there is nothing left to disclose now), Hardin is going to move for summary judgement. There is no genuine dispute of material facts. There are no facts because there is no evidence, at least at it relates to the elements of the tort. Go to google and type in "summary judgment motion"- both defense and plaintiffs make citations to the record to lay out their facts. But there is no record here. Parties cannot just assert things, and the court doesn't assume all the facts in the complaint anymore.

Lot of people have been talking up case-ending sanctions for discovery misconduct. Judges almost never issue those, and this case is especially fraught with the pro se filer. I doubt it happens despite Russell richly deserving it. He might get a more minor monetary sanction, which are vastly more common.

But summary judgment is a district court's bread and butter, they happen all day everyday and appellate courts rarely reverse them after reweighing messy facts. The earlier 12b6 appeal had to make the assumption that everything Russell said in his complaint was absolutely true. The court can rightly say they gave Russell every chance imaginable and he came up with a empty record. The chances of trial are very low.

 

[.iota.]

Greer can still produce undisclosed evidence, but if he does, Hardin gets to depose his family members.

He signed the stipulation that says he has no witnesses or evidence.

that is incorrect. the stipulation only addresses the testimony that may be provided by greer's witnesses, by greer himself, or by any other heretofore undisclosed witnesses. it doesn't even include the word 'evidence':

Spoiler: the stipulation

Especially if he didn’t ask for a jury trial and the judge is the factfinder.

greer did ask for a jury trial in his proposed schedule:

 

[Happy Little War Painter]

inb4 the Judge gives another 6 month extension.

 

[Your Starter for 10]

On the one hand, I hope this finally fucking gets dismissed.

On the other hand, if you think I wouldn't be there in person to see Russhole do voir Greer you got another think coming.

 

[Bogliacci]

greer did ask for a jury trial in his proposed schedule:

Too late, he was supposed to request it far earlier and never made the moves until the bullshit schedule