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

[WelperHelper99]

I get the impression you want some righteous vengeance to fall upon Russ for both threatening the Farms and Dear Feeder, and more generally maliciously abusing the legal system. I feel you fren. Your anger is righteous, but I counsel patience. Let Russ keep digging a deeper hole for himself, for he is too retarded to understand the first rule of holes. You've been on this forum long enough to know that God has a sense of humor. When Greer finally gets his comeuppance, it will be fucking hilarious.

I mean I'm kinda forced to be patient, the court system is seeing to that. I've just never seen such a idiot as Greer. Intelligent enough to work the court system to a rudimentary degree, but too dumb to know when to stop and cut his losses. It just hurts to watch, so much.

 

[cromit]

To my understanding, a scheduling conference in a federal case is just an opportunity for the judge to get to know the case and litigants and set some deadlines—and for the litigants to get to know the judge and how hard they’re gonna be buttfucked for procedural missteps in motion practice. Federal judges are fascists within the four wood-paneled walls of their courtrooms, justifiably so, and can really make you suffer if you annoy them even slightly.

Again, to all the people prodding the lawsuit with a stick so it’ll do something: the wheels of justice move slowly, but grind finely. Suppose this case doesn’t get kicked right this second. In that case, we proceed to discovery, and this guy who can’t even speak correctly and looks like he got hit repeatedly with a two by four in the womb has to give a videotape deposition where the court reporter keeps interrupting his slurping and drooling to ask him what the fuck he just said, and has to produce all the documents and information he thinks make his case, all on pretty tight deadlines. He’ll fail to meet deadlines, or produce evidence. Or the evidence will fail to raise a genuine issue of material fact, and a ruling on a summary judgment motion resolves the case in the Farms’s favor. There are so many ways to win here, and getting hung up on this one isn’t worth it.

 

[AnOminous]

The clerk's memo just says a status conference, which seems pretty standard for a newly transferred case, regardless of what else is out there, though, so any prior filings aside, is there a reason to think this is not just SOP "OK, get me up to speed on this case and why you are here"?

I'd imagine Hardin is going to suggest the court apply 28 U.S.C. § 1915(e)(2) even though it probably won't apply, unless he can present some argument that Russ is faking poverty or that notwithstanding the Tenth's opinion, the case is frivolous. In addition, he should renew complaints about Russhole's procedural shenanigans. Those might be moot as having been violations of another court's rulings, but it would at least bring the court up to speed on the position the case was in in the last court, and the court may be less tolerant of deliberately pulling shenanigans and then trying to plead dumb pro se litigant blundering. He is dumb, but he's dumb for deliberately pulling this shit.

He also won't be able to claim he didn't show up because he thought saying he was appealing in the Tenth or whatever automatically stayed the case. He just got his willy whacked with a ruler for that stunt which is exactly why the case is in Florida now.

And pro se plaintiff or not, I think it should be gloves off from now on for deliberate, inexcusable procedural defaults.

And of course Russhole could pull a Stupid Russ Trick and do something like openly refuse the order of the court and say he refuses to litigate in Florida. That'd turn out well.

I assume Hardin will also give a brief heads-up on the general direction he'll be taking, probably a renewed motion to dismiss both on the original grounds (despite this being unlikely to be allowed to be relitigated) as well as on separate grounds, such as failing to reply to the (I believe four) motions in the original Utah court, which should also be renewed here.

Because of the rather bizarre procedural posture (change of venue after a trip to appeals court after being dismissed by the original trial court), the Florida court is unlikely just to throw the case out instantly, but may be willing to entertain a default on the grounds of procedural shenanigans just to have an alternative to addressing the res judicata issues.

Ordinarily, you couldn't just file serial motions to dismiss, but in this case, the reason for dismissal arose after the original motion.

If he continues pulling shenanigans like in the previous court, I doubt the Eleventh Circuit will have much interest in someone who deliberately and repeatedly defaulted, especially considering outrageous nonsense like continuing to maintain that an address on a street that doesn't even exist is absolutely correct. That's just an insult to everyone's intelligence and even his own for being such a colossal dimwit he thinks lying about something like that is a good idea.

I mean I'm kinda forced to be patient, the court system is seeing to that. I've just never seen such a idiot as Greer. Intelligent enough to work the court system to a rudimentary degree, but too dumb to know when to stop and cut his losses. It just hurts to watch, so much.

Because of his greasy gimp face, he looks more mentally retarded than he actually is, so gets cut slack for things he did on purpose out of malice.

 

[Hrothgar]

And of course Russhole could pull a Stupid Russ Trick and do something like openly refuse the order of the court and say he refuses to litigate in Florida.

Now I want very badly for Russ to screech about the fringe on the flag and admiralty law.

 

[SCRAM]

Russ is just going to state since he filed in Utah to stop the transfer to Florida he thought that meant the decision to move was held and that Utah still had a choice in the matter.

He will then state "Sowwy I'm big sthupid, mowe time pwease."


And for the love of God I hope he doesn't get any because we're just going to keep going through this cycle until next year.

 

[Harvey Danger]

Because of the rather bizarre procedural posture (change of venue after a trip to appeals court after being dismissed by the original trial court), the Florida court is unlikely just to throw the case out instantly, but may be willing to entertain a default on the grounds of procedural shenanigans just to have an alternative to addressing the res judicata issues.

It's fitting that a Kiwi Farms case would result in the most autistically bizarre procedural conflicts possible. All we need now is for SCOTUS to reverse and send it back to the 10th for good measure, make the confusion complete.

 

[mindlessobserver]

It's fitting that a Kiwi Farms case would result in the most autistically bizarre procedural conflicts possible. All we need now is for SCOTUS to reverse and send it back to the 10th for good measure, make the confusion complete.

It really is bizarre, considering all it would have taken for the venue change to not happen is Russel writing a 1 paragraph objection. He could have done it in 30 minutes and gone back to whatever it is he does with his afternoon (I don't want to know). Leave it to a lolsuit to result in lulzy situations the courts are not entirely prepared to address.

 

[Milton Luther Keynes]

All we need now is for SCOTUS to reverse and send it back to the 10th for good measure, make the confusion complete.

Is that among the things that can happen? I thought the outcomes for the SCOTUS appeal were one of two: 1) SCOTUS denies cert, or upholds the decision on Russ's appeal, the case continues in Florida (and U.S. copyright law becomes incrementally more fucked up nationwide, incidentally); 2) SCOTUS reverses the decision, the original order of dismissal comes back into effect, and the case is dead. Can SCOTUS, what, reverse the appeals court decision and tell the court of appeal to consider it again, but properly this time? Why would they do that, instead of just addressing the issues in their own decision?

 

[reptile baht spaniard rid]

Can SCOTUS, what, reverse the appeals court decision and tell the court of appeal to consider it again, but properly this time? Why would they do that, instead of just addressing the issues in their own decision?

I believe they can. I mean not just in a "Thomas could shit on a piece of paper and the justices agree that's the court's response and law of the land" way, but that in the past they've rendered verdicts that said "this stands but the reasons were bullshit, don't use those again" (most famously the Obamacare one) so they could say "the decision was made for bullshit reasons, but the reopening stands", I think. Basically a "fuck you this isn't precendent". More likely perhaps now that it's been juggled to another district. Which justice oversees the 11th?

AHHH SHIT NIGGERS IT'S BIG T

 

[AnOminous]

I'd need to double check before I acted based on this , but I'm pretty sure that provisions that a suit has to be reviewed and certified as non-frivolous by a third party before filing are generally upheld if phrased as an agreement to arbitrate. That should keep him out of court everywhere because the federal arbitration act is retsrdedly powerful.

That's why I specifically noted a binding arbitration agreement. You could also probably have an agreement requiring a bond against frivolousness, much like a court order to the same effect.

And most states have either a law or a rule, common law or statutory, that a blanket exemption from liability for intentional torts or gross negligence is void as against public policy. "All contracts which have for their object, directly or indirectly, to exempt any one from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law." Cal. Civ. § 1668. Of course, different states interpret public policy in wildly varying ways.

Supposedly in theory this would apply to arbitration agreements as well to some extent, although in actual practice it's nearly impossible to get a court to do exactly the opposite of what the purpose of an arbitration agreement is, since presumably something like the AAA (American Arbitration Association) is capable of meeting the minimal due process requirements expected of them.

Are we sure that Greer possibly failing to show up isn’t just a set-up for him to appeal to the Eleventh Circuit? He could purposefully have the case dismissed in order to buy time to make more money with odd-hours mopping jobs or beg his DJF lawyers to come back for free in order to help prevent a split circuit from happening.

There wouldn't be any circuit split if it's dismissed with prejudice for failure to prosecute because it's a completely different issue. Now, Russ is deeply, deeply stupid, so he might think that, but there's no reason to think he does.

The Florida docket note for the conference call says the clerk notified him via email and USPS.

It also has the same fake address he was using in Utah.

RUSSELL G. GREER
(801) 895-3501
Russell G. Greer
1155 S Twain Ave
Ste 108420
Las Vegas, NV 89169

 

[BULLY HUNTER_78]

It also has the same fake address he was using in Utah.

RUSSELL G. GREER
(801) 895-3501
Russell G. Greer
1155 S Twain Ave
Ste 108420
Las Vegas, NV 89169

I predict this is all a part of his increasingly convoluted gambit to delay proceedings by pretending that he “accidentally” got the address wrong. He’s only going to “realize his mistake” when he gets in trouble with the court.

Based on this alone, I don’t think he’s going to call in. He’s going to not call in and make an emergency filing almost immediately after saying the whole thing is just one big misunderstanding and to pwease reconsider whatever negative consequences there are and to pwetty pwease grant an indefinite injunction for him to acquire the DJF as representatives.

I think this is unironically his plan. You can already kinda see it in his motions to reconsider the transfer: he feigns ignorance of the most basic rules, apologizes profusely, and asks the court to give him a second chance. Rinse and repeat forever until you can get competent representation. I bet he thinks he’s so clever.

 

[Goofy Logic]

I think this is unironically his plan. You can already kinda see it in his motions to reconsider the transfer: he feigns ignorance of the most basic rules, apologizes profusely, and asks the court to give him a second chance. Rinse and repeat forever until you can get competent representation. I bet he thinks he’s so clever.

Re-reading the transcript from the Ariana Grande dismissal, that seems to be his MO in general. He does not understand how to implement any kind of legal tactic, so he drags it out by self-sabotage, and pleads ignorance when faced with accusations or reprimands.

 

[BULLY HUNTER_78]

Re-reading the transcript from the Ariana Grande dismissal, that seems to be his MO in general.

Exactly! It kinda worked out then, even though he eventually lost. First, when he waltzed in 40 minutes late, all he had to do to have the judge strike the ruling was to apologize. Make terroristic threats on Facebook? Just apologize and all is forgiven.

I think the lesson he learned from that experience is he can reverse almost any ruling by just prostrating himself before the magistrate and begging for forgiveness. I don’t think he’s made the connection yet that this small claims court is generally more easygoing than big boy court.

 

[Al from Dadeville]

I hope someone is able to follow the court’s rules and properly report on this hearing, the Ariana Grande hearing was so fucking funny

 

[Napoleon III]

I'd imagine Hardin is going to suggest the court apply 28 U.S.C. § 1915(e)(2) even though it probably won't apply, unless he can present some argument that Russ is faking poverty or that notwithstanding the Tenth's opinion, the case is frivolous.

I assume Hardin will also give a brief heads-up on the general direction he'll be taking, probably a renewed motion to dismiss both on the original grounds (despite this being unlikely to be allowed to be relitigated) as well as on separate grounds, such as failing to reply to the (I believe four) motions in the original Utah court, which should also be renewed here.

I'd love to see Hardin go on a strong offensive in regards to Greer. Just imagine how many "defendants have left Plaintiff confused as to what to do and are burying him in pointless motions" we would get. Every motion Greer would say this but he would get increasingly desperate and annoyed after each motion.

That being said if a Judge sees you just ask for dismissal and sanctions at the drop of the hat it might alienate the judge. The Judge almost certainly doesn't understand how much of a menace Greer is.

I think Hardin is playing this case carefully and robotically. He is asking himself how do I lose this case and making sure he doesn't cut any corners. I am not a lawyer but slow careful surgical cuts into Greer's case that leaves as little room for stupid bullshit seems like the best possible decision.

Though if Greer is a complete and total retard at the scheduling conference or worse if he doesn't even show, I think we'll see Hardin ramp up attacks.

I think the lesson he learned from that experience is he can reverse almost any ruling by just prostrating himself before the magistrate and begging for forgiveness. I don’t think he’s made the connection yet that this small claims court is generally more easygoing than big boy court.

This is in an interesting observation. The only thing Greer really understand how to do is cause a lot of legal hassle for anyone he sues. He knows how to skirt around some of the things that hurt someone normally for a little while, but it is quite worthless at actually achieving anything.

And for the love of God I hope he doesn't get any because we're just going to keep going through this cycle until next year.

I think this case is likely in its final phase. Greer is too retarded to actually prosecute a case and he won't/cant get a real lawyer which means this case will likely end soonish. Or at least it looks like it.

Leave it to a lolsuit to result in lulzy situations the courts are not entirely prepared to address

The Utah court may have done a bunch of legal research and maneuvering in order to kick this can down the road and make it so that the change of Venue is unappealable.

Greer made the court work hard and find a creative solution just to avoid interacting with this case.

Also Hardin realizing he might be able to accomplish something like this ahead of time is impressive in my eyes. As I follow this case more and more I am becoming increasingly impressed by him. I don't think he is some super-lawyer that basically nullify any law he wants, but he seems to sometimes capable of making low-probability events occur and he can think strategically.

 

[Harvey Danger]

I hope someone is able to follow the court’s rules and properly report on this hearing, the Ariana Grande hearing was so fucking funny

Null should invite along a designated autist to observe the proceedings and report back to the rest of us. After all, Kiwi Farms, a website, is not yet removed from the list of defendants, and it has a right to be there.

(Hopefully that would also keep the more retarded autists from joining a call they aren't supposed to, if they know they're getting a detailed story.)

 

[Debbie Macomber]

the wheels of justice move slowly, but grind finely.

Everyone kept saying that about Chris Chan, but after 2 years of waiting the end result was just him being released without parole or even any criminal record for raping his mother! If they'd hit him with a grand jury indictment day 1 and taken it to trial, Chris would still be sitting in prison right now, with 7 years left to serve and a conviction that would follow him for life!

"the wheels of justice move slowly" is just cope for how worthlessly inefficient the legal system has become

 

[AnOminous]

That being said if a Judge sees you just ask for dismissal and sanctions at the drop of the hat it might alienate the judge. The Judge almost certainly doesn't understand how much of a menace Greer is.

That's why you use your first filing to introduce all the procedural history and frame it properly. Even if it doesn't get granted at that time, it's obvious he isn't just doing this "at the drop of a hat," but after months of shenanigans and should not be given the benefit of the doubt when he immediately starts doing exactly the same shit here.

If they'd hit him with a grand jury indictment day 1 and taken it to trial, Chris would still be sitting in prison right now, with 7 years left to serve and a conviction that would follow him for life!

Probably not. Without outright rape, which probably couldn't have been proven, you're looking at a Class 5 felony, and a relatively minor one compared to when a father grooms a daughter. The max sentence is 10 years but there's no way he'd have come out on the high end of that, and it would probably require deviating from the guidelines substantially.

He served about as much time as he was going to. Or depending on how weak their case was, they might even have lost. I don't think they would have, but I also don't think he'd have spent substantially more time in jail either.

 

[waffle]

VA has literally codified the autism card, and barb was never going to be a good witness. Expecting him to do a serious time is optimism at its finest.

My bet for the the scheduling conference is Null appears in person with Hardin and Russ does call in. Where the magistrate gets super frustrated because he cant b understood anything and either reduces it to a series of yes or no questions or tells russ to submit something in writing in however many days or get dismissed.

 

[Andoxico]

I hope someone is able to follow the court’s rules and properly report on this hearing, the Ariana Grande hearing was so fucking funny

I'm 99% sure recording it is illegal since Florida state law requires consent from all parties. Though if I'm wrong and the call is already recorded by the court (which I'd imagine consent is then already established), and recording in general is also allowed, then someone let me know because I could record it.