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

[BULLY HUNTER_78]

If the SCOTUS doesn't grant Cert I am all in favor of the Chaos option. Filing the exact same motion to dismiss as was filed in the 10th circuit and forcing the 11th circuit to create a circuit split.

It would be cheap to do too. Simply Cntrl-c, and then Cntrl-V. Maybe edit it a little bit for relevant 11th circuit cases. Cheap, easy, and designed for maximum chaos because even the 11th would know they are being forced to either affirm the 10th circuits abortion of a ruling, or cause a split. But this is simply me sitting here like the Cheshire cat on the tree wanting to grin at more entertainment. The smart choice would be to just approach the transfer as a brand new case.

I like this idea. It ups the likelihood of SCOTUS involvement if we have diverging circuits.

 

[mindlessobserver]

I like this idea. It ups the likelihood of SCOTUS involvement if we have diverging circuits.

Hence my point. But I also like it because its accurate. This case is so fascinating because it breaks all the rules in interesting ways and forces the legal system to present and deliver its origination documents. Among which is the Enabling Act of 1934.

Now, SCOTUS could avoid this mess entirely by granting cert NOW, as the petition for cert from the 10th circuit is filed and docketed. If they don't though, well shucks. That sucks. Poor Josh must challenge the opinion of the 10th circuit in the 11th circuit. Because sadly the opinion of the 10 circuit is not binding per the strict reading of the enabling act. Why hasn't this come up before? Well, because there never has been a case as retarded as this one before. I really can't think of any Case that was dismissed at the 12b(6) stage, remanded back to the District level by the Circuit Appellate division, and then promptly ordered to venue change.

We are breaking new ground here.

 

[Obnoxious Asshole]

So someone tell me if I'm reading the potential fun down the road here incorrectly?

The case has been transferred to Florida. The 11th Circuit Judge is likely to toss it for the same reasons the original 10th circuit judge did. Because that's the actual law. Russrl then Appeals to the 11th Circuit Court of Appeals. Which is likely to follow actual SCOTUS Precedent and the law as written and tell him to Fuck Off. Leaving Null and SCOTUS with 2 conflicting appeals court precedents for the same case. Am I missing something with how this routes through the system?

Kiwifarms, completely fucking the court system by 2025!

We asked Deer Feeder for this. The man has fucking delivered lols, lulz, kino and content beyond the dreams of avarice. Just with one website Jersh has brought corporations to their knees begging apology, enraged troons to the point of going mask off and helping to swing the pendulum back from troonacy, and broke the sanity of hundreds, possibly thousands of weak-minded morons who can't handle the truth. Great work Nool, keep it up.
Godspeed, you magnificent bastard.

 

[Betonhaus]

That's what gets me, his motion, despite it being moot, was just a complete lie. Can't he be held in contempt, or something like that, for knowingly filing a false statement as a motion to the court?

Wasn't he effectively humored along with every other case he had? It may not be a complete lie for him to say that he doesn't know how the legal system works as he always had someone willing to clean up after him and wipe his ass.


Also, does he still have the ability to just withdraw his lawsuit?

 

[PyrrhicRustle]

Not to shill the fallen lawsplainer but this stream is definitely gold. Just all the greer streams in general really
Direct link: https://youtube.com/watch?v=uMdHAVoAX8A

I don’t really care that much about Rekieta ruining his legacy in regards to Weeb Wars, Rittenhouse, or any of the generally “good” positions he professed as much as I’m bothered that I can never enjoy the Greer content he put out the same way again.

 

[he who has thus come/gone]

The problem with this theory is there is no case. This case was dismissed in its entirety under Rule 12b(6) for failure to the state a claim. Nothing was adjudicated. The 10th circuit court reversed the 12b(6) motion for contributory copyright infringement only. The entire record of the proceedings is not on the case itself. Its on whether or not there is a case to begin with. All the 10th circuit did was say Greer had a case. But the 10th circuits interpretation of the Federal Rules are their own.

I thought this would be totally wrong, but the 11th Circuit may actually allow a colorable argument:

Moreover, even if the district court's first forum non conveniens decision had constituted the law of the case, the district court still would have acted permissibly in departing from it. As we have explained, the “law of the case doctrine does not ... require rigid adherence to rulings made at an earlier stage of a case in all circumstances.” Murphy v. F.D.I.C., 208 F.3d 959, 966 (11th Cir.2000). In particular, we have carved out three principal exceptions to the law of the case doctrine: “when (1) a subsequent trial produces substantially different evidence (2) controlling authority has since made a contrary decision of law applicable to that issue or (3) the law-of-the-case is clearly erroneous and will work manifest injustice if not if not reconsidered.” Culpepper v. Irwin Mortg. Corp., 491 F.3d 1260, 1271 (11th Cir.2007) (quotation marks omitted)

Aldana v. Del Monte Fresh Produce N.A., Inc., 578 F.3d 1283, 1289 (11th Cir. 2009).

A decision in the Southern District of Florida also cites to the 11th Circuit to hold that a transferor court's denial of a motion for summary judgment does not bind the transferee court on a renewed motion for summary judgment on the same basis. Whirlpool Corp. v. U.M.C.O. Int'l Corp., 748 F. Supp. 1557, 1560–61 (S.D. Fla. 1990).

It seems like there's a plausible argument that the denial of the motion to dismiss is clearly erroneous and works manifest injustice, that the prior court's decision should not bind the Southern District of Florida, and that, barring immediate reconsideration, the development of the case nevertheless would allow the court to reconsider a motion to dismiss at some point.

So why not seek to dismiss again? It would presumably moot the appeal to the Supreme Court if successful, but who cares if Greer loses?

 

[Bogliacci]

I don’t really care that much about Rekieta ruining his legacy in regards to Weeb Wars, Rittenhouse, or any of the generally “good” positions he professed as much as I’m bothered that I can never enjoy the Greer content he put out the same way again.

Don't feel too bad, he can't enjoy it the same way either anymore.

 

[reptile baht spaniard rid]

Wait did the Russian Slobbersource just admit ina court document that he is suing not for relief of contributory copyright but to force “a website” to delete his thread?

Also I find it humorous that Russ would do better if he read this thread because actual lawyers are commenting and citing their shitposts.

 

[mindlessobserver]

So why not seek to dismiss again? It would presumably moot the appeal to the Supreme Court if successful, but who cares if Greer loses?

Why not indeed. And that is what makes this fun. I would love to see the 11th circuit forced to do contortions trying to justify what the 10th did.

Which is why I hope SCOTUS see's this case for the potential disaster it is and grants the Writ of Certiorari. After all, the Kiwi Farms is fucking retarded, its run by a mad man willing to fight to the death and has regular posters who know what the Enabling Act of 1934 is.

You know, that law that only gives SCOTUS the statutory power to interpret the Federal Rules of Civil Procedure

 

[PyrrhicRustle]

Don't feel too bad, he can't enjoy it the same way either anymore.

I’m sure the fine folks at the Balldo corporation will come out with some attachment that makes him feel real human emotions again at some point!

 

[Vect]

Yeah, no way he wrote that in 30 minutes. He knew he'd be on the hook for his missed deadlines and this was a "calculated" move to further delay the case, with very rapid additions.

So if he's still paying attention to this degree, what's the play? Does he think he can emotionally appeal the Court into doing his work for him by presenting himself as the most innocent, wide-eyed, fragile little boy who ever sued a pop star for ignoring him?

 

[he who has thus come/gone]

Why not indeed. And that is what makes this fun.

Now that I'm thinking about it, if Josh wins a motion to dismiss on the same issue in the Eleventh Circuit, it's actually Greer that could appeal on the basis of the circuit split that Josh and Greer's case created. I can't imagine a more clear-cut case of a circuit split scenario for the Supreme Court—they're literally opposing decisions from the same case. I think reading a Greer pro se filing to the Supreme Court arguing that they should review the circuit split created by his and Josh's single case is the funniest possible outcome that could occur.

 

[Goofy Logic]

Wait did the Russian Slobbersource just admit ina court document that he is suing not for relief of contributory copyright but to force “a website” to delete his thread?

Also I find it humorous that Russ would do better if he read this thread because actual lawyers are commenting and citing their shitposts.

Given how, in his motions, he whinges on and on about defamation and cyberbowling when he should be focused on copyright, this shouldn't come as a surprise.

 

[TheOtherSideofMakeBelieve]

I don’t really care that much about Rekieta ruining his legacy in regards to Weeb Wars, Rittenhouse, or any of the generally “good” positions he professed as much as I’m bothered that I can never enjoy the Greer content he put out the same way again.

Definitely. The Why I Sued Taylor Swift playlist has been a go-to of mine for years and I tried to listen to it again back in November and couldn't get through it. I just couldn't stop thinking about all the stupid shit Nick has done every time he tried to criticize Russell

 

[Mikoyan]

I don’t really care that much about Rekieta ruining his legacy in regards to Weeb Wars, Rittenhouse, or any of the generally “good” positions he professed as much as I’m bothered that I can never enjoy the Greer content he put out the same way again.

I know life comes at ya fast sometimes but it's hard to believe that's a four year old video. Rackets looks ten years older minimum now.

 

[Pagan Min]

Also, does he still have the ability to just withdraw his lawsuit?

If he does, I seriously doubt he has either the intelligence to recognize that fact or the wisdom to do so... Hence why he's quite the lolcow, no? LOL

 

[mindlessobserver]

If he does, I seriously doubt he has either the intelligence to recognize that fact or the wisdom to do so... Hence why he's quite the lolcow, no? LOL

He can't withdraw. If he does Josh has good cause to claim malicious intent and demand all his costs be paid. He crossed the Rubicon by opposing the venue change.

 

[East_Clintwood]

Honestly the fact the judges let this shit go on so long, let it go to a retarded appeal decision, let Greer just straight ignore shit he's supposed to do only to go "actually on second thoughts this is actually Florida's problem" is fucking peak legal bullshit

Also:

truer words and all that

 

[RodgerDodger]

Wasn't he effectively humored along with every other case he had? It may not be a complete lie for him to say that he doesn't know how the legal system works as he always had someone willing to clean up after him and wipe his ass.


Also, does he still have the ability to just withdraw his lawsuit?

I don't think him claiming to be an actual fucking retard before the court, is actual perjury? If anything its a shocking degree of self awareness rarely displayed by Russ.

The only point where Russel fails is his use of the word "excusable"

 

[GamerGateSurvivor]

Thanks for the notifying. Here's the doc (for everyone else):
Wyświetl załącznik 5834438
Wyświetl załącznik 5834439
Wyświetl załącznik 5834440

It will now.

Only Russhole can make a legal document entertaining. Based on the fact it took him 30 minutes to respond tells me it's not going to contain well-thought legal arguments but rather impotent whining.

Per FRCP 60(b), a Court “may relieve a party…from a final judgement” for a variety of reasons, including (1) mistake, inadvertence, surprise or excusable neglect and (6) any other reason that justifies relief.

What was his excuse? That he's a drooling retard?

Plaintiff legitimately thought that Motion to Stay automatically halts other deadlines, which is why he never responded to the pending motions of defendants. It wasn’t a matter of not wanting to participate in litigation, it was honestly being a naïve litigant, unaware of the litigation process.

Yup, I was right.