日志
法官劝告海明：这个案子打得太丑恶
热度 3 ||
桑兰前律师海明在签下认罪悔过书之后反悔了，于是提出动议，要求撤销那个认罪书。
法庭已经正式否定了海明的动议。法官评论到：这个案子是我们见到过打得最丑恶的，双方律师不是在寻求争议的解决而是互相攻击。
we want to briefly note that the tactics used in this case are among the ugliest we
have encountered, as the attorneys have continued to attack each other rather than resolve the
underlying dispute.
法官语重心长的劝告海明：“海明把自己类比成纳粹大屠杀和强奸受害者，说委婉点，是笨拙与不当的...海明在未来的人生中应该好好反思...
Hai's analogizing himself to Holocaust and rape victims in this situation is, to put
it euphemistically, inept and inappropriate... We think it would benefit Hai to
consider whether such tactics, including bombastic and clearly exaggerated assertions, seemingly
unfounded recriminations, and attempts to alter agreed-upon contractual obligations, are the best
way to conduct his affairs going forward.
我建议大家读读这篇英文判决，写得非常生动，把海明那可怜的摸样描述得淋漓尽致。
With the threat of sanctions looming over Hai, Hai and Defendants held a settlement
conference on February 27,2012, before Magistrate Judge Francis, in which Hai and Defendants
"negotiated and agreed upon all the key terms," including that Hai "pay $5,000 and execute a
signed Acknowledgment of Wrongdoing to be prepared by the defendants." R&R . After
Hai wrote to Mo, requesting that Mo reduce the already-agreed-upon figure to $4,000, Hai
signed the Stipulation. Id. at 3-4. Hai then sent a fax to Magistrate Judge Francis asking for the
payment to be reduced to $4,000, but withdrew that request, allegedly under pressure. I
The very next day, Hai tried to file a motion to set aside the stipulation he entered into in
March to avoid the risk of those sanctions against himself. See ECF No. 99. On May 14,2012,
after resolving his difficulties filing, Hai filed a motion to set aside the stipulation and order of
dismissal.
The accuracy of what Hai contracted to admit to is of no particular legal consequence. If
Hai agreed to sign an Acknowledgment in which he stated he believed that the Earth was flat, he
could not later rescind the contract because the Acknowledgement contained a falsehood. Hai
should have weighed any doubts he had about the Acknowledgement's accuracy before agreeing
to sign it. Instead, Hai contracted to make the Acknowledgement. Then Hai made the
Acknowledgement. And now he must live with it.
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