Keawsri et al v. Ramen-ya Inc. et al

Filing 709

ORDER, The Court held a conference in this matter on July 20, 2023. At the conference, the Court withdrew the order of reference from the Southern District of New York Bankruptcy Court with regard to Plaintiffs' motion to enforce the judgment against Defendants Ramen-Ya Inc. ("RYI") and Miho Maki ("Motion to Enforce"). The Court noted that an opinion as to the withdrawal of the order of reference would follow. The Court also postponed the hearing on Plaintiffs' Motion to Enforce until Monday, August 14, 2023 at 10:00 a.m. Criminal counsel for Maki stated that prior to the August 14, 2023 conference, he would submit a brief on the issue of Maki's invocation of her Fifth Amendment rights within a wee k of receiving two transcripts. Plaintiffs' counsel agreed to submit a brief in opposition one week after Maki's counsels brief. The parties are ordered to do so. The Court deferred ruling on the motion of Mr. Pawar towithdraw as counsel f or Masahiko Negita and Yasuko Negita, Dkt. No. 692, and agreed to holdin abeyance the Negitas' response to Plaintiffs' motion for criminal contempt sanctions untilafter the bankruptcy court ruled on their request for CJA counsel. The Court suspended alldeadlines to respond to the motion for criminal contempt.SO ORDERED. ( Status Conference set for 8/14/2023 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/26/23) (yv)

Case 1:17-cv-02406-LJL-OTW Document 709 Filed 07/26/23 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ORNRAT KEAWSRI, et al.,
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Plaintiffs,
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-v:
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RAMEN-YA INC., et al.,
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Defendants.
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07/26/2023

17-cv-2406 (LJL)
ORDER

LEWIS J. LIMAN, United States District Judge:
The Court held a conference in this matter on July 20, 2023. At the conference, the Court
withdrew the order of reference from the Southern District of New York Bankruptcy Court with
regard to Plaintiffs’ motion to enforce the judgment against Defendants Ramen-Ya Inc. (“RYI”)
and Miho Maki (“Motion to Enforce”). The Court noted that an opinion as to the withdrawal of
the order of reference would follow.
The Court also postponed the hearing on Plaintiffs’ Motion to Enforce until Monday,
August 14, 2023 at 10:00 a.m. Plaintiffs’ counsel represented that the Bankruptcy Trustee for
RYI and Maki’s bankruptcy estates had not yet applied to the Bankruptcy Court for an order
authorizing him to retain and employ Plaintiffs’ counsel as special counsel to pursue the
proceedings on the Motion to Enforce on his behalf. Since the date of the hearing, Plaintiffs’
counsel informed the Court that the Trustee made this application to the Bankruptcy Court and
the Bankruptcy Court approved the Trustee’s application to retain Plaintiffs’ counsel to represent
the Trustee in the proceedings before this Court. Dkt. No. 707.
Criminal counsel for Maki stated that prior to the August 14, 2023 conference, he would
submit a brief on the issue of Maki’s invocation of her Fifth Amendment rights within a week of

Case 1:17-cv-02406-LJL-OTW Document 709 Filed 07/26/23 Page 2 of 2

receiving two transcripts. Plaintiffs’ counsel agreed to submit a brief in opposition one week
after Maki’s counsel’s brief. The parties are ordered to do so.
Finally, after Mr. Pawar stated that his only conflict derived from Plaintiffs’ filing of the
motion for criminal complaint and that the Court need not rule on his motion to withdraw until it
was prepared to consider that motion, the Court deferred ruling on the motion of Mr. Pawar to
withdraw as counsel for Masahiko Negita and Yasuko Negita, Dkt. No. 692, and agreed to hold
in abeyance the Negitas’ response to Plaintiffs’ motion for criminal contempt sanctions until
after the bankruptcy court ruled on their request for CJA counsel. The Court suspended all
deadlines to respond to the motion for criminal contempt.
SO ORDERED.
Dated: July 17, 2023
New York, New York

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LEWIS J. LIMAN
United States District Judge

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