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

[Magnificent Penis]

If he continues to file bullshit in Utah even though he has been told twice not to, can Hardin move to have him sanctioned in Florida? I'm not a law person but I know that people who piss off the courts enough get at least a slap on the wrist, but in this case, who would be the one applying sanctions, the Utah court or Florida?

 

[Cynically Insane]

Does Greer's order for email filing and notification transfer with the case or does he have to file by mail now? He hasn't filed anything in Florida yet and I am curious as to if he will, and if he does if Florida will allow him the same privilege he enjoyed in Utah.

 

[reptile baht spaniard rid]

Does Greer's order for email filing and notification transfer with the case or does he have to file by mail now? He hasn't filed anything in Florida yet and I am curious as to if he will, and if he does if Florida will allow him the same privilege he enjoyed in Utah.

If they don’t let him file electronically look for him to file motions in Florida by sending them to Utah.

 

[WTBOnlineFather]

Does Greer's order for email filing and notification transfer with the case or does he have to file by mail now? He hasn't filed anything in Florida yet and I am curious as to if he will, and if he does if Florida will allow him the same privilege he enjoyed in Utah.

IIRC the order was granted based on a local rule in Utah, right? So in theory Florida could tell him to get fucked and use snail mail. I think that's part of why he's so terrified of the venue transfer.

 

[Useful_Mistake]

i'm amazed that the magistrate didn't specifically state that the utah court would not accept any further filings.

If he continues to file bullshit in Utah even though he has been told twice not to, can Hardin move to have him sanctioned in Florida? I'm not a law person but I know that people who piss off the courts enough get at least a slap on the wrist, but in this case, who would be the one applying sanctions, the Utah court or Florida?

I don't think he could sanction him in Florida, but he could use that behavior to support his arguments that the case should be dismissed because of his continued wilful ignoring of Court Orders. It is an interesting question, though, so I could be wrong on it.

Does Greer's order for email filing and notification transfer with the case or does he have to file by mail now?

We know for sure that they sent at least one court event to him via email. I assume the thing did transfer from Nevada.

 

[RodgerDodger]

If he continues to file bullshit in Utah even though he has been told twice not to, can Hardin move to have him sanctioned in Florida? I'm not a law person but I know that people who piss off the courts enough get at least a slap on the wrist, but in this case, who would be the one applying sanctions, the Utah court or Florida?

The sanction would simply be a default judgement against him for failure to prosecute. And possibly costs assessed.

 

[Kosher Salt]

Rule 60 relief from judgement/order motion tolls the timer for appeal. He still has time. See United States v. Zook, No. 22-1060 (10th Cir. Dec. 6, 2022) (“Likewise, to toll the appeal period, a Rule 60 motion must be filed no later than 28 days after the judgment is entered.”). He filed his Rule 60 motion less than a day after the venue transfer order.

He also filed a Rule 59 motion which similarly tolls the timer. See Federal Rule of Appellate Procedure (A) (4) (A) (iv)

That may be, but why would filing these motions in courts that have no jurisdiction over the relief sought toll the deadline for appeal?

My personal inclination is that if Russ nevertheless tries to appeal, the appeals court will just deny it as untimely, and I'd hope that the case in Florida isn't put on ice again while this occurs.

i'm amazed that the magistrate didn't specifically state that the utah court would not accept any further filings.

He did, though! Maybe he told the clerk "and I mean it this time". I assume that the court wants to have every last paper that's filed to be officially listed as part of the public record for the case, but does the clerk at least have the authority at this point to just file any new bullshit that arrives with a note of "this case is already closed, this filing is denied as moot, no response necessary"?

Does Greer's order for email filing and notification transfer with the case or does he have to file by mail now?

My assumption is that any court orders remain in exist unless a subsequent court order modifies them. But regardless, there's always the good ol' U.S. Postal Service. Assuming Russ can get the court's address right.

The sanction would simply be a default judgement against him for failure to prosecute. And possibly costs assessed.

If Russ files any more bullshit in Utah, and if the Utah court even has jurisdiction to sanction him - which I'd think it would, even aside from there being a case, he's consenting to their jurisdiction by filing things on their docket - I'd heavily lean toward asking the court for any costs and legal fees involved in wasting Hardin's time responding to it.

 

[Harvey Danger]

Wyświetl załącznik 5933733
Wyświetl załącznik 5933734

I wish I could log in to the court system and give these orders a sticker.

 

[Useful_Mistake]

but why would filing these motions in courts that have no jurisdiction over the relief sought toll the deadline for appeal?

It's not as clear cut as Null portrayed it. Certainly, I see your point, but in that sense, it didn't matter at all when the Magistrate denied the sought reconsideration. On the other hand, the rule focuses solely on time. I believe his appeal would be timely, but with no ability for the Court to consider it.

Assuming Russ can get the court's address right.

That's a big assumption right there.

which I'd think it would, even aside from there being a case, he's consenting to their jurisdiction by filing things on their docket

There could be an avenue via the court's inherent power to manage its docket (including the power to punish abuse of it).

 

[Kosher Salt]

It's not as clear cut as Null portrayed it. Certainly, I see your point, but in that sense, it didn't matter at all when the Magistrate denied the sought reconsideration.

Well, it didn't. I don't see it as particularly necessary from either court's perspective, I see it more as a mercy to Null for the Utah court to toss him a life preserver so he can go back to Florida and say "look, Utah says case's closed" DUE TO AIDS

What's he gonna do otherwise? If the courts just play chicken with this case, wait till it's obvious that Utah's jumped off the tracks and request mandamus to force Florida to actually get the train moving?

There could be an avenue via the court's inherent power to manage its docket (including the power to punish abuse of it).

Yeah, that's pretty much what I was getting at. If you wanna play lawyer, you consent to having the court discipline you if you pull ridiculous bullshit like that.

 

[WTBOnlineFather]

I wish I could log in to the court system and give these orders a sticker.

I don't feel too reassured by the "should be filed in Florida" wording. I think Russ is liable to interpret that as "regretfully Florida is meant to deal with this now but we wish we could have it back so much, please remember us Russ "

 

[Kosher Salt]

Actually here's a hot take. Russ's in forma pauperis status expired along with his case in Utah, so he should have to pay a filing fee if he wants to file anything else there. Tell the clerk to direct him to pay, and otherwise just passive-aggressively docket whatever shit that's filed without payment as ex parte communications with a note saying that it's not properly filed, not accepted, and will not be considered.

(wishful thinking)

 

[Useful_Mistake]

Russ's in forma pauperis status expired along with his case in Utah,

My first thought was "well, wouldn't it had just transferred?", but I remembered that some things indeed do not transfer, like Admission to practice before the court (hence why Mr. Hardin had to ask again). So, I looked into it, and I sadly can't find an answer. Interesting, theory, though. I assume that it transfers, though.

 

[Kosher Salt]

My first thought was "well, wouldn't it had just transferred?", but I remembered that some things indeed do not transfer, like Admission to practice before the court (hence why Mr. Hardin had to ask again). So, I looked into it, and I sadly can't find an answer. Interesting, theory, though. I assume that it transfers, though.

Oh, no, I certainly think it transfers, to Florida, where Russ is decidedly not filing stuff.

The clerk in Utah should make him pony up to file shit. He doesn't have a case there.

 

[Useful_Mistake]

The clerk in Utah should make him pony up to file shit. He doesn't have a case there.

Oh, fuck, you're absolutely right. Good catch.

 

[mindlessobserver]

Oh, no, I certainly think it transfers, to Florida, where Russ is decidedly not filing stuff.

The clerk in Utah should make him pony up to file shit. He doesn't have a case there.

This is technically correct. The best kind of correct. Test said, nothing in this case has been correct in the usual way or technical.

 

[prolapsed_cranium]

This site cannot survive completely cut off from the world

Nigga, 2022-2023 was like the Siege of Leningrad for this site. We persevered.

 

[reptile baht spaniard rid]

My goodness I love this, this drooly prose retard is fuzz testing the court system

 

[Null]

LA LA ALA LA IF I PRETEND FLORIDA ISN'T REAL IT WILL GO AWAY

 

[Useful_Mistake]

LA LA ALA LA IF I PRETEND FLORIDA ISN'T REAL IT WILL GO AWAY

Russ probably: