日志
桑兰要撤诉，刘同意，莫虎不从
热度 4 ||
刚看了下桑兰案案卷，发现如下进展。关于之前桑兰没有参加证词录取，被判处罚款一事，我之前进行过分析。莫虎把他若干万的账单拿出来，都要桑兰支付，我分析说能够索取的【这部分费用必须是由相关过失造成的，过失与费用两者之间必须有因果关系，所谓 causality。这个causation一般可以用 but ... for 测试。】 具体到这件事，桑兰需要赔偿的损失必须是由于她缺席造成的。
后来法官判罚了，讲了这个But for测试。这次法官又进一步做了解释。他说他先把可以补偿的费用从不可补偿的费用中分出来，然后把可以补偿的费用中用于准备录取证词的部分打了个三折 。其实这个道理很明显，录取证词的准备并没有完全浪费，桑兰只是没有按时出席，改时间再录一次就可以了，律师不能说我前面的准备全忘了，得从头来过。法院命令双方在7月29日前完成取证。双方都可以通过视频录取证词。
有趣的是，6月7日，桑兰的律师给法院先了封信，表示桑兰与刘等被告达成一致，愿意永久撤诉，但被告莫虎却不愿达成协议。这个案子里，莫虎自己代表自己，是 pro se。为此，法院还进行了电话会议。欲知后事，还得下回分晓。
| Date Filed | # | Docket Text |
|---|---|---|
| 03/10/2016 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 3/10/2016. (Bacchus, Michael) (Entered: 03/10/2016) | |
| 03/10/2016 | 304 | LETTER addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated March 10, 2016 re: Fee Assessment Order. Document filed by Sang Lan. (Attachments: # 1 Exhibit A-E)(Golaszewski, John) (Entered: 03/10/2016) |
| 03/11/2016 | 305 | ORDER: A pretrial conference having been held on March 10, 2016, it is hereby ORDERED as follows: 1. All discovery shall be completed by July 29, 2016. 2. The pretrial order shall be submitted by August 31, 2016, unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. (Discovery due by 7/29/2016., Pretrial Order due by 8/31/2016.) (Signed by Magistrate Judge James C. Francis on 3/11/2016) (cf) (Entered: 03/11/2016) |
| 03/14/2016 | 306 | LETTER addressed to Magistrate Judge James C. Francis IV from Milo Silberstein dated March 14, 2016 Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Attachments: # 1 Exhibit Letter to Judge Francis March 10, 2016, # 2 Exhibit Fee Assessment Order, # 3 Exhibit Defendant's Memo of Law in Opposition to Plaintiff's Rule 72(a) Objection)(Silberstein, Milo) (Entered: 03/14/2016) |
| 03/16/2016 | 307 | MEMORANDUM AND ORDER. Accordingly, the plaintiff's application is denied, and she shall pay to defendants the sanctions awarded in the Fee Assessment Order -- $21,032.78 -- within two weeks of the date of this order. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 3/16/2016) Copies Sent By Chambers. (adc) (Entered: 03/16/2016) |
| 03/23/2016 | 308 | LETTER MOTION for Discovery Sang Lan Deposition Location addressed to Magistrate Judge James C. Francis IV from Milo Silberstein dated March 23, 2016. Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Attachments: # 1 Exhibit)(Silberstein, Milo) (Entered: 03/23/2016) |
| 03/30/2016 | 309 | Objection re: 307 Order, Assessing Sanctions, Pursuant to Fed. R. Civ. P. 72(a). Document filed by Sang Lan. (Golaszewski, John) (Entered: 03/30/2016) |
| 03/31/2016 | 310 | MEMORANDUM AND ORDER: In a Memorandum and Order dated May 4, 2015, I awarded the defendants in this action $20,627.78 in attorneys' fees and $405.00 in expenses as a sanction for the plaintiff's failure to attend her deposition. (Memorandum and Order dated May 4, 2015 (Fee Assessment Order"). Recently, the plaintiff moved for reconsideration of the Fee Assessment Order. Because the time had long passed for seeking reconsideration, I construed the plaintiff's application as a motion for relief from an order on grounds of mistake or inadvertence pursuant to Rule 60(b)(1) of the Federal Rules of Civil Procedure. I then denied the motion in a Memorandum and Order dated March 16, 2016 ("Reconsideration Order"), in which I found that my calculations in the Fee Assessment Order were consistent with the methodology that I outlined there. The plaintiff has now filed objections to the Reconsideration Order. Because those objections reflect a misunderstanding of the Fee Assessment Order, clarification is appropriate. The plaintiff appears to believe that the only fees allowed under the Fee Assessment Order were those attributable to thirty percent of the time spent by defendants' counsel in deposition preparation. (Plaintiff's Rule 72(a) Objection to the March 16, 2016 Order of Magistrate Judge Francis Fixing the Fees and Costs Awarded Defendants ("Objections") at 1-2). That is not correct. I found that only thirty percent of the time devoted to deposition preparation would be compensated because that preparation would still be largely useful for the rescheduled deposition. (Fee Assessment Order at 3). However, there were a variety of other tasks that counsel performed in anticipation of the aborted deposition that were compensable in full, such as making logistical arrangements for the examination. (Fee Assessment Order at 9). Thus, I first separated compensable from non-compensable work, and then reduced to thirty percent the compensable work that related specifically to deposition preparation. (Fee Assessment Order at 9-101; as further set forth in this Order. (Signed by Magistrate Judge James C. Francis on 3/31/2016) Copies Transmitted By Chambers. (mro) Modified on 4/1/2016 (mro). (Entered: 03/31/2016) |
| 03/31/2016 | 311 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge James C. Francis IV from John V. Golaszewski, Esq. dated March 31, 2016 re:308 LETTER MOTION for Discovery Sang Lan Deposition Location addressed to Magistrate Judge James C. Francis IV from Milo Silberstein dated March 23, 2016. . Document filed by Sang Lan. (Golaszewski, John) (Entered: 03/31/2016) |
| 04/13/2016 | 312 | MEMORANDUM OF LAW in Opposition re: 309 Objection (non-motion), 307 Order, . Document filed by Gina Hiu-Hung Liu(individually), Gina Hiu-Hung Liu(as trustees or managers of Goodwill For Sang Lan Fund), Keo-Sung Liu. (Silberstein, Milo) (Entered: 04/13/2016) |
| 04/18/2016 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 4/18/2016. (Bacchus, Michael) (Entered: 04/18/2016) | |
| 06/03/2016 | 313 | ORDER granting in part and denying in part 308 Letter Motion for Discovery. This application was held in abeyance while the parties discussed settlement. Now that those discussions are no longer active, the application may be decided. Although Sang Lan's medical condition may have improved, it would still be an undue hardship for her to fly from Beijing to the United States for a deposition. She will therefore be deposed by video in Beijing, and she will bear the costs of the deposition. However, the Liu Defendants' application is granted to the extent that they shall be deposed by video in Nevada and shall be responsible for the costs of that deposition. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/03/2016) |
| 06/06/2016 | 314 | FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Analisa Torres from John V. Golaszewski, Esq. dated June 6, 2016. Document filed by Sang Lan.(Golaszewski, John) Modified on 6/7/2016 (db). (Entered: 06/06/2016) |
| 06/06/2016 | 315 | FIRST LETTER addressed to Judge Analisa Torres from Hugh H. Mo dated June 6, 2016 re: Response to Plaintiff's counsel's letter dated June 6, 2016. Document filed by Hugh Hu Mo.(Medina, Pedro) (Entered: 06/06/2016) |
| 06/07/2016 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney John Vincent Golaszewski to RE-FILE Document 314 LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Analisa Torres from John V. Golaszewski, Esq. dated June 6, 2016. ERROR(S): Wrong case number on PDF. (db) (Entered: 06/07/2016) | |
| 06/07/2016 | 316 | LETTER MOTION for Conference Pre-Motion Conference addressed to Judge Analisa Torres from John V. Golaszewski, Esq. dated June 7, 2016. Document filed by Sang Lan.(Golaszewski, John) (Entered: 06/07/2016) |
| 06/22/2016 | 317 | ORDER granting 316 Letter Motion for Conference. As discussed in today's telephone conference, by August 5, 2016, plaintiff shall make any motion to withdraw the action with prejudice; answering papers shall be filed by August 19, 2016 and reply papers by August 26, 2016. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 06/22/2016) |
| 06/22/2016 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 6/22/2016. (Bacchus, Michael) (Entered: 06/22/2016) |
发表评论 评论 (7 个评论)
- 回复 岳东晓
- 确实如此。华人社区嘛，暗中赔钱还不行，否则被告还会搞阿Q精神。就像清政府割地赔钱还说是赏赐洋人。如果一方是有充足法律依据的，除非公开认错，应该打到底为止。像美国打日本，无条件投降，就没有话说了。否则的话，还总有话讲。
中西部网客: 除非 settle 被告赔钱原告撤诉，否则桑兰灰溜溜的＂早知今日，何必当初？＂
莫虎这个不愿就此了事，也有其道理，既然开打，诉诸法律，就应该有个说法。
- 回复 中西部网客
- 莫虎是 pro se，没有高昂律师费的顾虑，又在家门口打官司，就跟老牛一样。
岳东晓: 确实如此。华人社区嘛，暗中赔钱还不行，否则被告还会搞阿Q精神。就像清政府割地赔钱还说是赏赐洋人。如果一方是有充足法律依据的，除非公开认错，应该打到底为 ...
………刘老大有两下，这样做，对！ 
