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Zhang v. Zhang

Limited New Trial Granted; Counsel Sanctioned Under 'Seltzer' Bad Faith Exception

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OPINION AND ORDER

*1 Defendants Liang Zhang, Ru Qiu Li and Sunshine USA Inc. d/b/a Wu Liang Ye move for a new trial and sanctions against Plaintiffs’ counsel David Yan (“Mr. Yan”) under 28 U.S.C. §1927.1 Defendants’ motion arises out of Mr. Yan’s conduct during trial and follows an Order to Show Cause hearing based on that same conduct. Defendants’ motion for a new trial is granted in part, and Defendants’ motion for sanctions against Mr. Yan is granted.I. BACKGROUNDThe following facts are taken from the Court’s February 5, 2018, Order to Show Cause, the parties’ testimony at the February 15, 2018, hearing and the parties’ submissions on this motion.2On January 25, 2018, a final pretrial conference was held, at which the Court ruled that it would not pre-admit as exhibits any deposition transcripts of witnesses who were testifying at trial. The Court further ruled that deposition transcripts of such witnesses could be used for

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