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

[StinkySnack]

Russel speaking French would be considered "Quebecois"

I think you mean "Slobercois".

 

[RodgerDodger]

If the judge does not impose some form of sanctions at this point I will be actually MATI.

I think we've reached the point where it would be reversible error not to take some action at this point.

The Judge however may give Hardin a stern talking to for not acting as Russ's lawyer too, and failing to correct that he neglected to label his witness list as Confidential as required by the courts standard order.

But here's the even more hilarious thing. In order for Russ to make any arguments about Hardin publishing the phone numbers (which he, Russel caused) and his family getting harassed, he will have to present his witnesses to give testimony to such. And to be deposed by the Defendants. Russ simply claiming something is not good enough. Especially when he claims to not have known his brothers address.

It will be interesting to see how this all plays out with the order to show cause. The Judge appears to have set a trap for Russel. One which Hardin seems to have recognized and has played into. He's dotting his it's crossing his T's and making sure to remind the Judge in every filing what the escalating problems are.

And Russel has fallen into the Judge's trap as only a cow can.

 

[Airstrip One]

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MATT HARDIN!
MORE THAN MEETS THE EYE!

MATT HARDIN!
LAWYER IN DISGUISE!

I can no longer maintain my dignified silence on this matter and must speak the truth.

The man who is known to these forums as Hardin is in fact a pokémon of the Hādin species - a hare-like creature who the defendant in this case, Joshua Lake Superior Moon, captured while holidaying in Japan. Moon has been covertly training his Hādin by pitting it against pokémon that he orders from wish.com. Because pokémon fighting is illegal in the U.S. these battles are commonly framed as legal trials. In a recent Newsweek article it was estimated that 80% of all court cases in the Untied States are really underground pokémon fights.

Naturally, as seasoned competitor, Moon's Hādin has a evolved a set of abilities far beyond what you might see in an untrained member of its species, hence Greer's bafflement.

 

[not william stenchever]

He retracted that, though

I disagree. Everyone on this site that you've had standard janny interactions with clearly has attorney-client privileges, Mr. Hardin

 

[Mind Goblins]

Russ helpfully provided it in his filing.
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To be fair he should be sanctioned simply for including phone screenshots in his filings.

I'm nearly 100% sure that the raw image file was posted in one of the threads relating to the fundraiser, (either the fundraiser thread itself or the "Domain Registrar & Epik Seizure" thread that had the poll on whether Null should do the fundraiser) but I wasn't able to find it by highlight skimming. I'll leave hunting between the highlights for someone else.

 

[Blasterisk]

Why was 6 afraid of 7? Because I'm


Sent from my iPhone

 

[Thomas Talus]

He apparently was somehow under the impression that his witnesses would be HIS witnesses and he could spring them on the court (if it ever went to trial) without them being deposed.

That only works in Oregon, and not even for fed cases in Oregon.

 

[Harvey Danger]

This is why law school is a scam. They never told Hardin that one day, practicing the law would entail posting completely retarded emails to a court docket for 3 days straight.

 

[Spungus]

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[The Un-Clit]

HAPPY 200 DOCKET ENTRIES!

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And so the day's Early Christmas feast ends with a dessert of mashed bananas topped with fresh Kiwi fruit and whipped GreerCream. Couldn't ask for finer!

I swear the judge is going to take a bat to his PC when he has to look at and deal with this shit, and would I EVER love to be that proverbial fly on the wall of his chambers when it happens!

 

[he who has thus come/gone]

Hardin should just go all the way on seeking sanctions and dismissal. Fuck any rules of civil procedure or attempts to play ball. Those are unnecessary to sanction bad faith conduct. This is covered in any law school remedies course:

There is, therefore, nothing in the other sanctioning mechanisms or prior cases interpreting them that warrants a conclusion that federal court may not, as a matter of law, resort to its inherent power to impose attorney's fees as a sanction for bad-faith conduct. This is plainly the case where the conduct at issue is not covered by one of the other sanctioning provisions. But neither is a federal court forbidden to sanction bad-faith conduct by means of the inherent power simply because that conduct could also be sanctioned under the statute or the rules. A court must, of course, exercise caution in invoking its inherent power, and it must comply with the mandates of due process, both in determining that the requisite bad faith exists and in assessing fees, see Roadway Express, supra, at 447 U. S. 767. Furthermore, when there is bad-faith conduct in the course of litigation that could be adequately sanctioned under the rules, the court ordinarily should rely on the rules, rather than the inherent power. But if, in the informed discretion of the court, neither the statute nor the rules are up to the task, the court may safely rely on its inherent power.

Chambers v. Nasco, Inc., 501 U.S. 32, 50 (1991).

Because of their very potency, inherent powers must be exercised with restraint and discretion. See Roadway Express, supra, 447 U.S. at 447 U. S. 764. A primary aspect of that discretion is the ability to fashion an appropriate sanction for conduct which abuses the judicial process. As we recognized in Roadway Express, outright dismissal of a lawsuit, which we had upheld in Link, is a particularly severe sanction, yet is within the court's discretion. 447 U.S. at 447 U. S. 765. Consequently, the "less severe sanction" of an assessment of attorney's fees is undoubtedly within a court's inherent power as well. Ibid. See also Hutto v. Finney, 437 U. S. 678, 437 U. S. 689, n. 14 (1978).

Id. at 45.

Greer's conduct goes far beyond failure to prosecute, in my opinion. It's legal subterfuge. His failure to disclose any Utah witnesses in his disclosures is fraudulent. It approaches fraud on the court. His attempts to interdict lawful depositions is evidence of the extent to which he believes he may demean the authority of the Court and its procedures. He has zero excuses at this point—his pro se excuses lost potency years ago.

The failure of the Court to deal with this degrades the authority of the judiciary. Within living memory, a district court judge would have long ago called Greer and Hardin into chambers and reamed out Greer for his failure to engage in good faith. This case is not only a waste of judicial and litigant resources, but its continued existence immensely depreciates the authority of the judiciary to resolve cases or controversies in the mind of the public. It's unremediated nonsense is a failing of the Court, not of Greer, and can only be resolved with harsh sanctions.

 

[Daddy's Little Kitten]

Is he trying to win Lolcow of the Year?

 

[Third World Aristocrat]

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Not only is the polymath Hardin a lawyer, he's an artist, too.

It seems Mr. Hardin is a great artist with words and also with his drawings. I preferred his rendition of Liz Fong-Jones, but he also captured Greer well.

 

[YarrBlueballs]

Is he trying to win Lolcow of the Year?

I believe in Russ 2024! Not even actual lawyers (cough Rekeita cough) or even Ralph can do this to the legal system!

Sent from my iPhone

 

[Mister Baranavichy]

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Impeccable strategy to attack the oppositions lawyer, let's see if it works out.

 

[Sexy Senior Citizen]

I had a very shitty past couple of days. Thank you, Russell, for the timely filing. I haven't laughed this hard in too long.

 

[not william stenchever]

The failure of the Court to deal with this degrades the authority of the judiciary. Within living memory, a district court judge would have long ago called Greer and Hardin into chambers and reamed out Greer for his failure to engage in good faith. This case is not only a waste of judicial and litigant resources, but its continued existence immensely depreciates the authority of the judiciary to resolve cases or controversies in the mind of the public. It's unremediated nonsense is a failing of the Court, not of Greer, and can only be resolved with harsh sanctions.

I dare say that in the earlier days of our storied Republic this kind of shenanigans would get a judge tarred and feathered and the public would uphold it as a good because such behavior on behalf of the judiciary undermines the very fabric of a polite and rules based society.

 

[Artificial Stupidity]

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Can't we have the floating text like the gunt board?
I assume that way it would be less troublesome

 

[Neetorino]

Lmao, imagine being away from this thread in these couple of days. The flood gates have opened.

I feel bad for the Las Vegas street cleaners who have to mop up all Russ' drool, especially tonight!

Merry Christmas.

Sent from my iPhone
6.

 

[Warm Lasagna]

I think you mean "Slobercois".

I mean, it’s all French to him.