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

[Useful_Mistake]

there is a denial of the application on record, so there is an application on record.

It's sealed, but shouldn't be sealed to Russ

 

[SCV]

This is how we had 75% of the country claiming that Florida had a "Don't Say Gay" law -- because nobody could be fucking bothered to actually read the text of the bill. Always time to be outraged and organize protests, never time to just pull up the legislature and read what the law really says.

Well... yeah. Those people are hired to protest. They're not going to spend time trying to convince the DNC to not hire them.

 

[obsdj]

I think the IFP one would be more interesting

Maybe so, but he has thirty days to complete that one, and fourteen for the RO. ¿Por qué no los dos?

 

[Sneed Force One]

My personal favourite was Greer pulling out the classic "I don't know how to access my filings, ya honor" retard card.

 

[Provably Wrong]

Big thanks to everyone who posted summaries and impressions, such a deluge of milk is a nice thing to come home to after a long day at work.


Did he really say photographs? Not even screenshots; now I'm imagining a grainy film photo of null typing at his computer, caught red handed in the act of posting.

Yes, it jumped out at the time. Could be just to make it sound more official or real to a boomer judge. He doesn’t currently have a screen he could photograph

 

[jerkstore]

My personal favourite was Greer pulling out the classic "I don't know how to access my filings, ya honor" retard card.

i am now suspicious that there is something on the TRO application he doesn’t want the court to see.

edit: important refresher, @Useful_Mistake gave us this info back in january about the 2018 TRO:

Post in thread 'Russell Greer / @ just_some_dude_named_russell29 / A Safer Nevada PAC'
https://kiwifarms.net/threads/russe...sell29-a-safer-nevada-pac.30488/post-20223228

editedit: first amendment concerns, and concerns that there were third parties involved that null had no control over. russell definitely does not want that application seen.

 

[Sneed Force One]

i am now suspicious that there is something on the TRO application he doesn’t want the court to see.

I would not be surprised if there is fabricated horseshit to puff it up.

 

[Pedophobe]

I think the IFP one would be more interesting

Multi-option poll: "Which of the new court orders will Greer comply with on time?" with a "none of them" option of course.

 

[Thomas Talus]

One could pick a random name in the phone book, file IFP, and bankrupt an innocent person since a lawyer to have it thrown out costs more than they are worth and filing themselves in their defense would fail since courts are 90% technicalities of filing. Miss a single one and its over, themalicious retard owns you with all the strength and violence of the courts and police.

People laugh and it is funny to a point, but I've gotten kind of disgusted over this case and what it represents as time goes on.

Even when you have an IFP/pro se plaintiff and a pro se defendant, the plaintiff still has the burden of proof, and judges are frankly more likely to be accommodating to pro se defendants than they are to pro se plaintiffs, especially if those defendants aren't obviously acting in bad faith.

 

[Bloodthirsty Nosenigger]

there is a denial of the application on record, so there is an application on record.

edit: unless russell won’t supply the sealed application (thanks for the correction, @Useful_Mistake !) there is something on the application russell doesn’t want to be seen?

He already ignored one motion to compel, so there might be. Maybe it's full of blatant lies.
Though I wonder what could possibly be in there to reflect more poorly on his character than all the things the court is already aware of.
Then again, maybe it's just Russell being a petulant, stubborn child and simply refusing to do what Hardin wants him to do, court orders be damned.

 

[oh no its pipkun]

Miss a single one and its over, themalicious retard owns you with all the strength and violence of the courts and police.

Very true, Our society gives retards too much leeway. i used to think there was a silver lining to pro se representation "i could be in that position!," but there pro bono groups that'll handle legit cases. Russ even had pro bono representation at one point. it took years for the courts to understand Russ filed this lawsuit for reasons other than copyright infringement. and even with sanctions and russ being able to pay, i know plenty of retards who managed to duck garnishments. their lives are miserable but their victims aren't ever going to be made whole.


That said, my favorite case of a vexatious litigant is a hohol gypsy buying an old printer off craigslist in another state, filing a lolsuit saying it was broken and then winning because the craigslist seller initally blew off the lolsuit.

 

[jerkstore]

He already ignored one motion to compel, so there might be. Maybe it's full of blatant lies.
Though I wonder what could possibly be in there to reflect more poorly on his character than all the things the court is already aware of.
Then again, maybe it's just Russell being a petulant, stubborn child and simply refusing to do what Hardin wants him to do, court orders be damned.

russell only complies with anything he believes is in his favor. it would be easy as fuck to obtain his restraining order application, all of the reasons for its denial lead to it being a particular wealth of russell’s crazy. if you look at the utah requirements for a TRO, his request met exactly zero of them. i expect that his application was yet another livejournal entry of his plights.

edit: back in 2018, russell was still publicly sperging to the world thinking it would make him famous and gain sympathy. he’s finally learned (sorta) his lesson about his internet footprint, but back then he just NEEDED TO EXPLAIN to anyone who would listen. this is probably a reflection of that.

edit: he can’t undo the plightspergs of 2018, one of them included a legal document that is a TRO.

 

[Billy Bong]

I don't think he'll contest the IFP. Pride goeth before the fall.
I also don't think he'll go after the Restraining Order himself. Too much work.
He's used to getting bumped about 15 hundred bucks when his case goes down the drain. It's standard operating procedure for our ghoul at this point.

 

[RodgerDodger]

What are the potential outcomes of not having paid the sanction? Sanctioning the non-payment of sanction, or something more severe?

This was an award of attorney's fees. The Defendant in this case can apply to the sanctioning court/Judge for further relief if the deadline to pay has passed and no payment agreement has been reached with the retard.

We can assume that when Hardin does so he will be politely pointing out to the Right Honorable Judge Barlow that the Plaintiff is not in fact IFP. And has declared such to be the case to Judge Bennett. As such IFP status should not, in fact cannot be taken into consideration. Hardin might also wish to politely point out that his Honor previously neglected to request a response from the defense to Greers earlier filing to the District.

This can either happen with Hardin/Null filing this on their own. Or they can file it as a response to Russhole rushing in a request for a bond to stay the sanction. Or both. It doesn't matter. Russ is fucked regardless. And there's nothing he can do to stop it.

The District Judge is going to be pissed about Greer admitting to not being IFP. He said this in a Court Hearing to the Magistrate Judge. Bennett gave him just enough rope to hang himself.

Bennett gave him 30 days to cough up the filing fees. Barlow doesn't have to.

-Barlow can revisit the sanctions based on the change of the plaintiffs status. And to remedy his own error in not seeking a response from the defense. He may simply dig into the record and see Hardins actual submission of fees and decide, "yep! We're gonna go with that after all!"

-Plaintiff has fraudulently applied for and been granted IFP status. This is itself cause for dismissal with prejudice. The District Judge does not have to wait for Greer to not pay the fees. Greer has sunk himself. He appealed to the District that he was a "Po' Po' Penniless Pwo Se Wetard", while making filings to the Magistrate that he was perfectly able and willing to pay but just didn't want to. He further reinforced this orally in the actual hearing and openly declarred he was not in forma pauperis. Oopsie! There is a very good chance the District Judge blows a gasket. The 10th Circuit be dawned!

-either way this bothers the District Judge again. Enough that he may take the time to read up on everything he's missed. Much like the original District Judge there is a high chance that he takes over the case in order to fully dismiss it on the lack of merits and ongoing Pro Se Fuckery.

There is no way this ends well for Greer. The best he can hope for is the District simply tells him to pay the $1000 now Now NOW! There is no magic formula to counter it. There is no "Excusable Neglect". He's really really fucked himself into a corner.

To add to this he's looking at 2 more Sanctions motions that Bennet is deciding. Bennett may take a broad view regarding the Steve Taylor one and quite possibly have Hardin submit his costs for everything since the transfer back from Florida.

I wonder? Is the District Judge aware that to this point neither the Defense nor the Court Itself have a valid address for Service for Greer? He has repeatedly and deliberately lied to the Court about that. That does become an issue in any collections actions now doesn't it? Oopsie again! Isn't it amazing how the little things can start to pile up?

 

[Terrifik]

Just as an aside, I want to apologise for heavy handed moderation

Don't you did fine & excellent job.

 

[AnOminous]

To add to this he's looking at 2 more Sanctions motions that Bennet is deciding. Bennett may take a broad view regarding the Steve Taylor one and quite possibly have Hardin submit his costs for everything since the transfer back from Florida.

The court now has the option of dismissing on at least three valid grounds, or could wait for the briefing on the motion to dismiss (itself raising multiple grounds) in order to dismiss it on any or all of them. This would make it virtually unappealable since Russ would then have to win on every single one on appeal.

 

[Stephan Kang]

Thank you all are armed legal kiwis- not since Leonard Shaner has there been such an abundance of tard-in-court-based lulz.

 

[not william stenchever]

He’s probably also taking a moment to process the fuckery he just stumbled into lol.

Magistrate judge Bennet and one of his clerks reviewing the events of this afternoon's hearing:

 

[Prokhor Zakharov]

there is a denial of the application on record, so there is an application on record.

Correct, and I seriously doubt he will provide anything.

As @jerkstore conjectured, and with which I concur, I think there is something in that application that is a major problem for him. My best bet is that it contains a false statement of such magnitude that it would potentially expose him to perjury (or filing a false document? not sure how those kinds of situations work in criminal law) charges, if he is required, as part of the application, to sign that all statements made, to the best of his knowledge, are true and honest (like troons...), and there is no possible way that he would not know if the statement he made was not true and honest.

 

[Vect]

can someone explain this in english

Russell (who is "homeless" and broke) has to pay a filing fee (which he has not had to do before) within 30 days or the case is dismissed. The judge acknowledged Russell's lying bullshit and is also interested in Hardin's push for sanctions, though that will come later.

For the sake of this case, he is no longer a pro se In forma pauperis (literally a pauper) plaintiff, and has real stakes in the game now.