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

[victor lasagna]

Furthermore, how could he even prove ANY of the emails he has EVER (allegedly) received came from KF users specifically, and not, say, that "knockout chat" faggot forum, or literally any other forum on Ye Olde Internettes for that matter?

Well surely witnesses will be able to help with bridge that connection. Oh, wait.

I actually don't think even that connection could help. Copyright infringement is not about the saintly or nefarious character of the site's users. It's not about how many pictures of Hitler you received via email. It's about the actual website's behavior and advertising.

 

[obsdj]

Credit where credit's due, dropping "moot" in there was smart play, regardless of the facts. Mootness is catnip to judges even in regular cases, but in lolcow cases it's crack-a-rooski.

But if the judge manages to white-knuckle his way past that paragraph, I think he is going to be very much less than amused by the argument that "I disobeyed you because it was justified"

Yeah. In the 12/9 order, the judge specifically said, "Mr. Greer’s failure to disclose potential witnesses or evidence to Defendants has impermissibly caused delay in court-ordered discovery," after which he had to COMPEL said discovery. And of course, on the same page, he also found "that Mr. Greer’s recalcitrant behavior is willful. Mr. Greer lacks excuse for nondisclosure of this information" and "the reasons Mr. Greer provides for not disclosing witnesses to Defendants are without merit" soooooooooo, yeah.

If the judge now decides to eat his own words, I hope he chokes on them when he cashes his next paycheck.

 

[Useful_Mistake]

Congrats to the winner

 

[Terrifik]

Well surely witnesses will be able to help with bridge that connection. Oh, wait.

I actually don't think even that connection could help. Copyright infringement is not about the saintly or nefarious character of the site's users. It's not about how many pictures of Hitler you received via email. It's about what the actual website's behavior and advertising.

https://embed.kiwifarms.st/threads/...00647-d-utah-sep-16-2020.174285/post-20149278

remember this post if the mercy is not taken in kind.

 

[Exit fullscreen button]

Congrats to the winner
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that's russ' acc

 

[mindlessobserver]

Russell signature gets longer every time.

 

[Catgirls are Love]

"I shouldn't be punished for playing stupid games in disclosing witnesses because I was right in playing stupid games and I've since entered a stipulation saying I have no witnesses so it's moot and we can pretend all of the wasted time and money never happened. I've also forwarded all the zero documents containing evidence of copyright infringement to the defense."

Bold strategy.

 

[kcbbq]

Congrats to the winner
View attachment 6782274

Kind of fitting. What's least likely to happen in a predictable world? That's what will happen.

 

[waffle]

Congrats to the winner
View attachment 6782274

You're going to deem that coherent? I can't agree with that.

 

[4090 Chad]

So he was 2 hours late to disclose his "witnesses", then he willingly admits in this reply that he begged for his provided witnesses to be excused. Could Hardin not argue that he is in violation of the original order to produce witnesses? The only ones he ended up producing were clearly bullshit and Greer essentially admits as much himself.

 

[Bogliacci]

Is he not going to address the mysterious Steve Taylor?

 

[obsdj]

So he was 2 hours late to disclose his "witnesses", then he willingly admits in this reply that he begged for his provided witnesses to be excused. Could Hardin not argue that he is in violation of the original order to produce witnesses? The only ones he ended up producing were clearly bullshit and Greer essentially admits as much himself.

I do hope we get a polite, SUCCINT filing from Hardin in which he points all these things out. The judge's prior findings that Greer's BS was willful. Greer's blatant disregard for the court order and his outrageous claim that said disregard was "justified." His improper attempt to introduce testimony via filings while continuing to refuse to produce actual evidence. The months and years Greer has dragged out these proceedings with lies and delays, repeatedly and persistently abusing the court's process. It should all fit nicely on no more than two pages, giving respect to the colossal amount of time Greer has already wasted from everyone involved.

 

[teriyakiburns]

It's true. I am entirely unhinged. I currently have no hinges on any of my doors, because I'm renovating.

I wonder how long before Hardin answers this. I assume it'll be after Christmas.

 

[Friend of Dorothy Parker]

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His entire filing is a self-own. Day ending in y.

He doesn't even know what he stipulated to. This filing claims the stipulation says "Defendants and Plaintiff entered a stipulated agreement that no witnesses would be called," but it only says no witnesses would be produced by him:

No other witness has been disclosed by Plaintiff, and Plaintiff does not intend to call any other witness at trial as part of his case in chief. Therefore, the subpoena issued to Russell Greer is withdrawn.
3. If Plaintiff attempts to disclose any additional witness, or to call any witness other than Nathan Greer and Scott Greer at trial, or to offer any testimony by any other individual than Nathan Greer and Scott Greer in support of any claim at issue in this case, this stipulation shall be null and void and have no further effect.

“I have too much evidence to send all of it.”

Declares and sends no evidence.

What did he mean by this?

He means his own lawsuit is unfairly burdensome to him. Classic Russ.

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I love how he had to beg Hardin to let his witnesses go, I would guess because his family reamed him for it. I thought it might've been Hardin's suggestion but no, he really is that pathetic.

You have to wonder why, in all the years this has been going on, he never got the OK from his "witnesses," knew they didn't want to be involved, didn't even tell them he still planned to call them, knew they have nothing to offer about the supposed infringement and only wanted them presumably for damages claims for claims no longer a part of the action, and yet still listed them. Imagine trying to control your own witness who doesn't want to be there, has no info as to the claims, and is as likely to say you're batshit and have always been dramatic and litigious as to say anything remotely relevant or useful.

 

[DavidS877]

It's true. I am entirely unhinged. I currently have no hinges on any of my doors, because I'm renovating.

I wonder how long before Hardin answers this. I assume it'll be after Christmas.

Is a response required? It's not a motion from Greer or anything it's just him replying to the court. There's no timeline for a defendant's response in the order to Greer.

 

[reptile baht spaniard rid]

The only response should be on the part of Lolcow LLC objecting to the unproved slur upon its users, that some of them might be hinged. Or normal.

 

[AnOminous]

It's true. I am entirely unhinged. I currently have no hinges on any of my doors, because I'm renovating.

I wonder how long before Hardin answers this. I assume it'll be after Christmas.

I think it depends on whether he already had something mostly drafted and just needs to fill in recent details. One typical sanction short of terminating sanctions is if something is subject to Rule 26 disclosure and you don't produce it, you can't introduce it later at trial. Russ has stated he has no intention of obeying his obligation to produce the legally required disclosures.

So he's probably going to move for terminating sanctions, or supplement any already existing motion for them, and maybe get it on the record that Russ gets to produce absolutely nothing at trial, so there's no reason not to go straight to summary judgment.

Is a response required? It's not a motion from Greer or anything it's just him replying to the court. There's no timeline for a defendant's response in the order to Greer.

Maybe not directly but it's relevant to what if any sanctions should be applied as he has stated something absolutely deranged, that he has so much evidence he can't produce any of it at all as the rules require.

 

[oh no its pipkun]

"Harassment" equals infringement now. Interesting way to try getting his plights back into the case.

it somehow shows a mind to infringe somehow. what's the reasonable standard for making fun of an internet personality/public figure anyway?

i think greer did a good job and his suit will probably get continuance until the judge retires and a new judge will get assigned to it. the issues are now moot and greer also has time issues as evidence by his inability to show the emails of infringing harassment simply due to the sheer number of them. it's choppy waters ahead for the SS Kiwifarms i'm afraid.

 

[Kiwi Lime Pie]

I feel like he has addressed everything (even already dismissed things) but the thing he was meant to address (that he only addressed partially)

At this point, I feel we could spin a wheel with alternating spaces for "case continues" and "case dismissed" and have just as much of a chance as correctly predicting what the judge will ultimately decide.

Is a response required? It's not a motion from Greer or anything it's just him replying to the court. There's no timeline for a defendant's response in the order to Greer.

The old adage of Never interrupt your enemy when he's making a mistake comes to mind and I'd think Hardin will say/file nothing unless there something egregious enough in this filing that requires him to address it.

RG's filings tend to remind me of a person who, when asked a simple question, responds with a circuitous tale that never actually answers the original question.

 

[Bridgeburner]

I somehow doubt the Judge will respond to these filings before Christmas holidays, which is a damn shame. Last couple of weeks have been hella fun.