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

[GhastlyGhost]

Where's the time travel part? Was the stuff already all put up before Greer filed up and the court just bought that no totally a few more had been put up?

The idea seems to be that Null's mockery of Shitlips Gimpface contributed to the alleged copyright violations, which obviously had to have occurred before he received a malformed DMCA takedown demand.

 

[Wherethereisawhip]

The idea seems to be that Null's mockery of Shitlips Gimpface contributed to the alleged copyright violations, which obviously had to have occurred before he received a malformed DMCA takedown demand.

Ah, so I guess the logic is that somehow more people decided to go and download the stuff after Null posted the DMCA and denied the request to remove the links and then posted his response publicly?
Which I guess I can see how boomers can think that. Especially when it involves Kiwifarms, a website. They're thinking in terms of booktheft and 2000s music downloads while obviously assuming the harassment website's owner would do this to poor wittle pro-see.

 

[RodgerDodger]

I'm thinking when they finally get around to dismissing it, it will be based on as many discretionary grounds as possible to invoke abuse of discretion review and basically put a stake through its heart and bury it at a crossroads at dawn with garlic sewn in its mouth.

I am hoping that's specifically why they're demanding that response Hardin filed a motion for an extension on (and I do not believe Hardin actually even wanted that granted).

I am hesitant to be optimistic and assume any sort of connection to normalcy or the rule of law when the farms, Greee or the 10th Circuit is involved. We are deep in the Judicial Twilight Zone. Heck if this makes it to SCOTUS I figure at least 5 of them will recuse themselves due to having accounts here. I oredict that Hardin will deliver exactly what Bennet and Barlow wish and need to put an ending to this whole mess. Greee will be 6, He's still 7. With an ever more insane series of pleadings. Bennett and Barlow will order it dismissed. The 10th Circuit will order Null Hardin and Kiwi Farms a Website executed.

 

[AnOminous]

With an ever more insane series of pleadings. Bennett and Barlow will order it dismissed. The 10th Circuit will order Null Hardin and Kiwi Farms a Website executed.

As interminable as this seems, even a federal court eventually has to do something. Russhole has made it abundantly clear that as long as this case drags on, the drooling, slurping, ratfaced gimp will be treating their court as a designated shitting docket and it will never end unless they end it.

I would be disappointed, but not shocked, if they somehow don't immediately dismiss and instead threaten it again and give ratface one more chance, and we REALLY MEAN IT THIS TIME, but this is eventually going away.

 

[lolwatagain]

Ah, so I guess the logic is that somehow more people decided to go and download the stuff after Null posted the DMCA and denied the request to remove the links and then posted his response publicly?
Which I guess I can see how boomers can think that. Especially when it involves Kiwifarms, a website. They're thinking in terms of booktheft and 2000s music downloads while obviously assuming the harassment website's owner would do this to poor wittle pro-see.

They're reading that logic into Shitlips's complaint and phrasing. Motions for dismissal assume that everything written in the complaint is true, and all benefit of the doubt is in the favor of the non-moving party. The main problem with the ruling is that the 10th circuit was incredibly liberal with Shitlip's complaint because he is a pro se retard, to the point where they assume that he more or less had the spirit of the necessary facts asserted in the complaint. At this point I'm convinced that ChatGPT wrote the Supreme Court briefs for both parties, and assumes it is an important case because we have over a thousand pages talking about it, because I don't know how you can pull anything other than "Pro Se complaints should be read extremely liberally in a motion to dismiss." Because you can't really tell what "conduct" would be considered to be contributory based on that shitty decision alone.

I am hesitant to be optimistic and assume any sort of connection to normalcy or the rule of law when the farms, Greee or the 10th Circuit is involved. We are deep in the Judicial Twilight Zone. Heck if this makes it to SCOTUS I figure at least 5 of them will recuse themselves due to having accounts here. I oredict that Hardin will deliver exactly what Bennet and Barlow wish and need to put an ending to this whole mess. Greee will be 6, He's still 7. With an ever more insane series of pleadings. Bennett and Barlow will order it dismissed. The 10th Circuit will order Null Hardin and Kiwi Farms a Website executed.

12(b)(6) motions to dismiss are easier to overturn because the standards are so low, and all an appeals court needs to do is decide that an improper standard was used. Appeals Courts don't typically overturn rulings made on a discretionary basis unless the Judge clearly fucked up, otherwise they assume that the Judge had good reasons to use his discretion the way he did.

 

[John Andrews Stan]

I'm calling 90+% chance the case is terminated shortly after the reply to the response to the MTD is in, and 50-60% that Josh gets full costs & fees due to all of the fuckery.

And then when Russ doesn’t pay what the judge orders him to pay, Hardin can request a supplemental proceeding, AKA judgment debtor’s exam, to find out all about his financial situation. If Russ doesn’t cooperate with that, then the judge can issue a bench warrant for his arrest.

There are a lot of steps left before any of that starts happening, but only a heartless person would begrudge me the indulgence of fantasizing about it.

 

[Dyn]

And then when Russ doesn’t pay what the judge orders him to pay, Hardin can request a supplemental proceeding, AKA judgment debtor’s exam, to find out all about his financial situation. If Russ doesn’t cooperate with that, then the judge can issue a bench warrant for his arrest.

There are a lot of steps left before any of that starts happening, but only a heartless person would begrudge me the indulgence of fantasizing about it.

I'm already thinking about which juggalo crip gang Josh should try and sell the debt to.

 

[LiquidChrisRespecter]

It's very easy to be a Negative Nancy, particularly in the knowledge that Dear Feeder will never be made whole from this half-decade-and-still-going farce, but this comment from the District Judge made me smile.

Spoiler

The court further notes that the filing of any additional motions will not result in a delay of the date Mr. Greer is required to pay the sanctions which was originally awarded approximately four months ago.

Yes, this entire circus should never have been allowed to begin, but Null will recover. In fact, the financial impact has largely been nullified (heh) by the kind benefactors that all lined up to make sure Shitlips has a hard time.

This is ultimately just a 5 year act of self-harm by Greeetard. We've learned even more embarrassing details of his life, he's under the microscope of the legal and municipal jannies he cried to in the first place, out of pocket and very upset. Whatever monetary penalties he suffers won't be sufficient for the harm caused, but you can bet he's going to shit and cry about it every step of the way.

Enjoy garnishment, stalker child.

 

[Hantavirus]

I am hoping that's specifically why they're demanding that response Hardin filed a motion for an extension on (and I do not believe Hardin actually even wanted that granted).

Am I missing something? I can see why Hardin wouldn't really want or need the extension, because there is more than enough to dismiss the case already, and any further motions for sanctions/fees can be filed after dismissal. But why would he move for an extension he does not want? Does that not just waste everyone's time?

 

[LiquidChrisRespecter]

But why would he move for an extension he does not want? Does that not just waste everyone's time?

Tactical.

The Judges don't tend to respond until dozens of filings have flooded the docket, so Mr Hardin was waiting for them to actually tie up some loose ends in order for him to create the most efficient and effective response.

If he now has to address 3 matters instead of 10, he can be laser focused on those rather than having to shotgun blast everything outstanding.

 

[BoomerPrime]

Am I missing something? I can see why Hardin wouldn't really want or need the extension, because there is more than enough to dismiss the case already, and any further motions for sanctions/fees can be filed after dismissal. But why would he move for an extension he does not want? Does that not just waste everyone's time?

It may have been to feel the Court out a bit and get its attention - remind them "hey we have all this shit you need to act on, and some of it affects my MTD, are you going to rule, or can I get a bit more time to wait for you to rule?" Making the Court respond gives him a definitive path forward; either he gets extra time to reply meaning orders are forthcoming, or (what he actually got) no, no extra time, get your reply in and we'll deal with all this crap after June 30.

 

[Unknown God]

Yes, this entire circus should never have been allowed to begin, but Null will recover. In fact, the financial impact has largely been nullified (heh) by the kind benefactors that all lined up to make sure Shitlips has a hard time.

It goes to show that some bad things are blessings in disguise. In the end, Null got to find out how much this community is willing to support him. Asked for 75k for legal expenses and promptly received 200k+. Later, asked for a years worth of site expenses and promptly got 2 years + tip. Everyone who donates expresses pride in having done so and there is a pervasive "if you need more, just ask" attitude.

As for you, you meant evil against me, but God meant it for good in order to bring about this present result, to keep many people alive.
✞ Genesis 50:20

 

[Dyn]

But why would he move for an extension he does not want? Does that not just waste everyone's time?

He was passive-aggressively reminding the judge there's a mountain of shit that they should have already ruled on before it's his turn to file things.

 

[Napoleon III]

I wonder what Greer will do as the events in this case happen. Plightsperging is a given but.

I could see him filing an appeal with the 10th circuit, although he would have to pay the appeal fee which is significant.

As things have gone badly for him in the time since the hearing he has continuously made worse and worse decisions. Put quite simply as this case gets closer towards dismissal it is likely he will become increasingly erratic and retarded.

 

[Yours Truly 2095]

I wonder what Greer will do as the events in this case happen. Plightsperging is a given but.

I could see him filing an appeal with the 10th circuit, although he would have to pay the appeal fee which is significant.

As things have gone badly for him in the time since the hearing he has continuously made worse and worse decisions. Put quite simply as this case gets closer towards dismissal it is likely he will become increasingly erratic and retarded.

If I were Russ I would avoid paying the sanctions and use that money towards the 10th circuit appeal filing fee for a guaranteed win and sanctions dismissed

 

[reptile baht spaniard rid]

I wonder what Greer will do as the events in this case happen. Plightsperging is a given but.

I could see him filing an appeal with the 10th circuit, although he would have to pay the appeal fee which is significant.

As things have gone badly for him in the time since the hearing he has continuously made worse and worse decisions. Put quite simply as this case gets closer towards dismissal it is likely he will become increasingly erratic and retarded.

I think he will, like you, double post

I literally think he will try to file the same damn shit IFP in federal court again maybe in Nevada, because he doesn't want to pay the appeals cost.

 

[Useful_Mistake]

Ah, so I guess the logic is that somehow more people decided to go and download the stuff after Null posted the DMCA and denied the request to remove the links and then posted his response publicly?

The 10th Circuit specifically mentioned that the only works allegedly infringed after the alleged encouragement were the works not at issue in this case

 

[cromit]

The 10th Circuit specifically mentioned that the only works allegedly infringed after the alleged encouragement were the works not at issue in this case

So it can be safely ignored as dicta? Gives me a headache as to why they would even talk about it if it had nothing to do with their ultimate decision.

 

[Useful_Mistake]

So it can be safely ignored as dicta? Gives me a headache as to why they would even talk about it if it had nothing to do with their ultimate decision.

It was the basis of their decision, and why we are stuck with Time Travel as the fact of the case

 

[ShinyStar]

I also take this as a good sign that the magistrate judge is going to dismiss the case. On top of all of the other shenanigans, Greer failing for all of these months to do even the most simple thing and produce a document has broken the judge. He just wants to get it over with and knows that the district judge will sign off on that decision. I also think that the district judge won't be reducing any sanctions this next time either. I'm excited to see how much more expensive that $67 restraining order becomes

I think the most positive sign is the court's failure to address Greer's refusal to provide discovery. If this were the deathmarch to trial that the doomposters are still bemoaning it is, then the judge would have made a point that Greer must provide discovery. If there isn't going to be a trial, or even further discovery, then that issue becomes solely on of sanctions, and further actions on Greer's part are unnecessary.

I'm calling 90+% chance the case is terminated shortly after the reply to the response to the MTD is in, and 50-60% that Josh gets full costs & fees due to all of the fuckery. If the motion to unseal ECF no. 1 is granted and fraud to obtain IFP is proven, I think that also jumps to 90+% as it taints the entire legislation from the get-go and is an enormous abuse of the judicial process.

I don't think the judge is likely to open discovery into the IFP issue. In order to use that as a basis to dismiss the case, there would have to be documents produced, motions made, time spent, none of which would be completed by June 30th. If the case is going to be dismissed then for other reasons, then the IFP fraud issue becomes moot and pursuing it would be a waste of everyone's resources.

. But why would he move for an extension he does not want? Does that not just waste everyone's time?

To save Null money. If he does work, he gets paid. If he doesn't have to do the work because the case will get dismissed without it, then that's a rather large and hefty motion that he doesn't have to charge Null for.