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

[waffle]

The court is beclowning its self it this stands. They gave Russ a special extension so that he would super defiantly have the money by the date, and he didn't even file anything on the date (before the deadline) that he said he would for sure get paid by.

What a joke.

 

[AngeloTheWizard]

Banks clear transactions overnight, in batch. Having it happen from 1-4 AM is normal, with modern technology it's reasonable that it might show up instantly once the batch physically clears (as a database transaction). The question is when it shows up in your account as "available"; sometimes that means "recorded on your account", sometimes it means "available to transfer out". It's also possible that funds which were deposited on Aug 18th by Greer's employer were recorded, but not available for transfer until the nightly batch cleared.

So I'll rate it as possible that Russ is telling the truth; the pay transfer hit his account on Monday, but wasn't available for transfer out until the nightly clearing. That would require him to know these timings ahead of time, spending the night hitting refresh on his account until it let him transfer. But if he's been desperate for immediate cash before, it's possible he's familiar with the timings. He does plan to do everything at the last minute, as we know.

Of course it's more likely he was trying to come up with a last minute motion and failed, so he gave up and transferred late out of spite.

This wouldn't even fucking matter if Greer wasn't a complete asshole about every step of these goddamn proceedings. I assume edge cases like this are not uncommon, payment doesn't happen until the day of but it doesn't clear for a length of time that technically makes the payment late, but for most people a quick message of "hey I just sent the money, it might not get processed for a bit" is probably enough for the guy on the other end to go "eh, whatever, he did his best."

But Greer is such an asshole that he gets none of that benefit. We assume he's being a little shit because of his pattern of behavior. We don't care if he's telling the truth, we assume the worst.

Mostly I'm surprised this jackass paid at all, from "not one red cent" to over a hundred thousand red cents. If I hadn't done the joke run of Rimworld with Patrick Tomlinson which was a much higher number and infinitely funnier I'd do a Rimworld challenge of Russ doing deliveries to raise 1500.

 

[Useful_Mistake]

Paynull.lol displays an incorrect message. Russ was two days late, not one

 

[DavidS877]

Paynull.lol displays an incorrect message. Russ was two days late, not one
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Are we not doing the mailbox rule? It says he sent it only one day late it's obviously not his fault it arrived two days late as there's no way he could have foreseen this happening.

 

[Prokhor Zakharov]

Are we not doing the mailbox rule? It says he sent it only one day late it's obviously not his fault it arrived two days late as there's no way he could have foreseen this happening.
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It would have told him when it would arrive when he sent it. He knew when he sent it that it wouldn't arrive until August 20th.

 

[Harvey Danger]

I'd do a Rimworld challenge of Russ doing deliveries to raise 1500

KF's funding sources continue to diversify.

 

[Post Reply]

KF's funding sources continue to diversify.

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Slobbermutt and slobberman would make a great buddy cop movie.

 

[3-2-1836]

Also seriously Monday is payday for these gig taxi services? That's bizarre.

It's because the highest demand for those services is the weekend and most people who uber part-time do it on the weekend to maximize their income so Monday being the payday ensures they effectively get paid as soon as possible.


Now my uncle said back in the day most employers in Louisiana used to pay out on Monday to stop their employees from getting too drunk on the weekend.

 

[SCV]

It would have been as easy as filing, in his motion to extend, “to account for pay deposit discrepancies and the length of time for a monetary deposit via Xoom, Plaintiff requests an extension until August 20.” He doesn’t seem to understand that the date was just as important as the payment. Partial compliance is still partial non-compliance. He’s doing the bare minimum to keep the case going at this point and I expect the bare minimum for the rest of time.

Do you really think he knew he was going to use Xoom when he filed the motion to extend the deadline rather than the last-second two hours late scramble and just use whatever option? Do you really think after all the tard guarding this single "partial non-compliance" (as compared to literally dozens of willful and complete non-compliance-es) will amount to anything?

I bet the judge will literally never even mention this. Incredibly slim chance as a footnote in a giant laundry list of shit in the motion to dismiss.

 

[Useful_Mistake]

Are we not doing the mailbox rule? It says he sent it only one day late it's obviously not his fault it arrived two days late as there's no way he could have foreseen this happening.
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I'm counting actual dates whether or not his failure to comply is excused by the local or federal rules

 

[Napoleon III]

The court is beclowning its self it this stands. They gave Russ a special extension so that he would super defiantly have the money by the date, and he didn't even file anything on the date (before the deadline) that he said he would for sure get paid by.

I'm going to make everyone hate me for this post. I think Hardin messed up with his filing trying to prevent there being an extension to pay. It isn't very strong or particularly well argued. Hardin did not bring up the Transcript of when the district Judge told Greer he needed to regularly check his email during the Scheduling Conference. Hardin didn't bring up the District Judge saying there will be no more extensions despite whatever you file. He kind of just threw together a motion IMO.

He referenced some other case that has very little to do with this one or the either of the Judges in this current case. The district judge has to trust that the judge in that particular case was being fair or even read the case to find out. He is not going to do that.


For any filing potentially involved in a dismissal you need to be making sure it is airtight in case of appeal. The District Judge certainly isn't going to grant something that has a chance of looking unfair upon appeal.

I was kind of apprehensive about Hardin's filing at the time.

I actually thought this filing could have been a little better.

May not matter and Hardin probably wrote and filed it quickly but it is good to cross your Ts and dot your i s.

That being said there are still a bunch of ways for this case to be dismissed. Null was payed with Russel Greer's hard earned money that such he can no longer buy himself a whore. Several problems remain in this case for Russel Greer.

I still think Hardin is a really good lawyer and I wouldn't get rid of him for this mistake. I think it was a case of Hardin thinking it was already going to be automatically denied and he just needed to write a basic response. No one is perfect and you can't expect that.

Greer obviously thought this was a Hail Mary that would cancel out his own now-increased sanctions order. I guess I just don't see the strategic advantage of dragging it out and letting him think it has a chance of working, apart from the lulz of imagining his tortured face when the inevitable denial of the motion comes down. If anything, it has given him an additional excuse not to pay the ordered sanctions, because he thought he was going to win sanctions of his own.

I made a really vague reply to this and since it doesn't matter anymore I'll clarify something I thought Hardin may have been trying to do. If Greer was tricked into thinking the court will award him sanctions before he had to pay he might decide to simply not pay the sanctions. Then when the court both doesn't award him sanctions and the deadline passes the case is dismissed.

This didn't happen sadly. But in case it was possible I tried to be really vague.


I haven't posted here in a while because I think everyone is going to hate me for saying this. And this case has gotten less fun recently because of this. I still hold out hope this case will end soon. Never Doom.

 

[Useful_Mistake]

He referenced some other case that has very little to do with this one or the either of the Judges in this current case. The district judge has to trust that the judge in that particular case was being fair or even read the case to find out. He is not going to do that.

That was actually a very good citation. It shows that Russ knows that the excuse he used isn't a valid grounds for relief but filed it anyway. I suspect this is one thing Mr. Hardin will make another point out of when he seeks vexatious label on Russ.

For any filing potentially involved in a dismissal you need to be making sure it is airtight in case of appeal.

Lmao. Hey, quickly, what are the three actions an appellate court can take when an appeal is presented to them?

I still think Hardin is a really good lawyer and I wouldn't get rid of him for this mistake. I think it was a case of Hardin thinking it was already going to be automatically denied and he just needed to write a basic response. No one is perfect and you can't expect that.

He had to get it out quick. Greer's motion was an emergency one (even if not titled as such) and filed days before the deadline. Mr. Hardin had no way of knowing when a Judge would issue an order on it (and it would be soon) and had to get in front of it. IN FACT, the Judge ruled on it the same day Mr. Hardin submitted his reply (within five hours actually).

I haven't posted here in a while because I think everyone is going to hate me for saying this.

Bro, who gives a shit? Either you have something to say and stand by it -which is good- or you have nothing of worth to say if you're not even willing to put it in a place where the worst is a mean comment in response.

 

[YouTube Autist]

ECF 357
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Defendants didn’t remind plaintiff because he never forgot

If you don't remind Russell, the response is, "My failure to follow the rules is only because I wasn't reminded, so really it's the fault of the person who didn't remind me."

If you do remind Russell, the response is, "Um excuse me I already remembered so you can just BUTT OUT"

Plaintiff replied he was waiting for the funds, which didn’t even come until 2 AM PST on the 19th

This could all be Greee lies, but it does square neatly with theories that he got the money from his dad.

He did nothing wrong and abided by the Court order as best as he could

Maybe Russell should get "It wasn't my fault! It was just an honest mistake!" chiseled on his headstone.

 

[The Great Citracett]

Maybe Russell should get "It wasn't my fault! It was just an honest mistake!" chiseled on his headstone.

"I did not lose, the judge decided wrongly."

 

[Kosher Dill]

Maybe Russell should get "It wasn't my fault! It was just an honest mistake!" chiseled on his headstone.

"Appealing To A Higher Court"

 

[SCV]

He had to get it out quick. Greer's motion was an emergency one (even if not titled as such) and filed days before the deadline. Mr. Hardin had no way of knowing when a Judge would issue an order on it (and it would be soon) and had to get in front of it. IN FACT, the Judge ruled on it the same day Mr. Hardin submitted his reply (within five hours actually).

So I'm not a lawyer (far from it) but how is this not complete bullshit. My understanding is that you can file a motion and then the other party can respond (once) and then you get (one) chance to respond to their response (although it also seems like you can just file a bajillion "supplemental authority on whatever bullshit" whenever you want anyway). But if the judge rules on it before you can respond that's just it and you're stuck trying to undo the judges order? There's no minimum time?

It was like that with the rackets bodycam too where they filled to un-evidence the footage and the court granted it immediately but I had assumed it was just blatant misconduct because of the zooluminati.

I haven't posted here in a while because I think everyone is going to hate me for saying this.

The rest of your post is fine, interesting even. But this part is mega gay. The reality is no one cares nearly as much as this implies. There are surely retarded posts in this thread that I've read, rated, and responded to (and likely posted). Do you think I remember specific posts from a month ago? And further who posted them? Do you?

 

[Useful_Mistake]

But if the judge rules on it before you can respond that's just it and you're stuck trying to undo the judges order? There's no minimum time?

Generally you get 14 days (bar some exceptions like FRCP 12), but that's not always workable. Some of that is enshrined in things like Rule 6 (b) (1) (A), but there's a few ways you might not get to respond (emergency TRO applications, for example sometimes are done and ruled on without other person's knowledge if so permitted).

When there's an emergency, both the Judge must act fast, but as well the opposing counsel if they want to present counter arguments. They can object to the order later.

 

[BIG BILL HELL'S]

If you don't remind Russell, the response is, "My failure to follow the rules is only because I wasn't reminded, so really it's the fault of the person who didn't remind me."

If you do remind Russell, the response is, "Um excuse me I already remembered so you can just BUTT OUT"

So we've gone from Moebius's Razor to now Moebius's Cat, I see.

 

[Useful_Mistake]

ECF 358

 

[FamicomGorby]

ECF 358
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Greer will now submit a notice everytime some troll emails him.

Though I guess I do appreciate Greer taking the burden of keeping this case on top of the court's inbox with this crap that I'm sure the magistrate loves to read.