Keawsri et al v. Ramen-ya Inc. et al
| Ornrat Keawsri, Nagae Sachina, Takayuki Sekiya and Siwapon Topon |
| Ramen-ya Inc., Miho Maki, Masahiko Negita, Toshihito Kobayashi and Shigeaki Nakanishi |
| 1:2017cv02406 |
| April 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E. Caproni |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
781
ORDER: On October 2, 2023, Plaintiffs Ornrat Keawsri, Sachina Nagae, Takayuki Sekiya, Siwapon Topon, Pimparat Ketchatrot, Thiratham Raksuk, Parichat Kongtuk, Tanon Leechot, Thanatharn Kulaptip, Wanwisa Nakwirot, Natcha Natatpisit, and Parada Mo ngkolkajit (collectively "Plaintiffs" or "Judgment Creditors") moved, pursuant to the Court's inherent power, for an Order adjudging that Defendant and Judgment Debtor Kenji Kora ("Kora") was in civil contempt of the Court for his failure to comply with this Court's Order dated July 6, 2023, Dkt. No. 681, directing Kora to pay $149,000 to Judgment Creditors. Dkt. No. 750. On November 15, 2023, the Court granted the motion, held Kora in civil cont empt of the Court, and imposed a sanction on Kora of $1,000 per diem, beginning on November 28, 2023, for each day that he remained in violation of the Court's July 6, 2023 Order. Dkt. No. 770. On December 7, 2023, Judgment Creditors a nd Kora informed the Court that they had reached an agreement regarding the timing of Kora's payment of the outstanding $149,000 owed to Judgment Creditors (the "Agreement"). Dkt. No. 780. The Agreement provides for Kora to pay $100,000 to counsel for Judgment Creditors (in two separate installments) on or before December 4, 2023, and to pay the remaining $49,000 in monthly installments of $3,000 on the fifth day of each month commencing on January 5, 2024, and continuing through March 5, 2025, with a final payment of $4,000 to be made on or before April 4, 2025. Id. The parties have also agreed that if Kora fails to make a timely installment payment as required by the Agreement, he will p ay to the Judgment Creditors the sanctions ordered by the Court on November 15, 2023. The Court held a hearing on December 7, 2023, at which respective counsel for Judgment Creditors and Kora appeared. At the hearing, counsel for Judgment Cred itors and counsel for Kora did not object to the Court issuing an Order modifying its previous Order holding Kora in civil contempt. In accordance with the terms of the Agreement, and with the discussion at the December 7, 2023 hearing, Kora is ex cused from the obligation to pay contempt sanctions unless and until Kora fails to comply with the Agreement. Should Kora fail to comply with the Agreement, the Court will entertain a motion from Judgment Creditors to reimpose sanctions of $1 ,000 per diem, with the running of sanctions to begin only if and when Kora violates the Agreement. Kora may opposed any such motion. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/7/2023) (vfr) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
774
ORDER denying 655 Motion for Sanctions. The motion is denied. First, Plaintiffs/Judgment Creditors have not shown that they have standing. "[C]riminal contempt proceedings arising out of civil litigation 'are between the public and the defendant, and are not a part of the original cause.'" Young v. U.S. ex rel. Vuitton et Fils S.A., 481 U.S. 787, 804 (1987) (quoting Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 445 (1911)). Under Federal Rule of Criminal Procedu re 42, it is the "court" and not any private party which "must give notice" of the claim of criminal contempt. Fed. R. Cr. P. 42(a)(1). Although a party may have the right to bring to the Court's attention facts that woul d give rise to an order of criminal contempt, it is dubious that a private party itself has the power, through motion, to compel a court to issue such an order. Second, "[w]hile a court has the authority to initiate a prosecution for criminal contempt, its exercise of that authority must be restrained by the principle that "only [t]he least possiblepower adequate to the end proposed' should be used in contempt cases." Young, 481 U.S. at 801 (quoting United States v. Wilso n, 421 U.S. 309, 319 (1975) (internal citations and quotations omitted)). Based on all of the relevant facts, including that several of the Defendants/Judgment Debtors have now come into compliance with the Court's orders, the exercise of criminal contempt is not appropriate in this case at this time. The Clerk of Court is respectfully directed to close Dkt. No. 655. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/17/2023) (tg)
|
|
Filing
770
ORDER granting 750 Motion to Compel. The Court will give him time to come into compliance before contempt sanctions begin to run. The Court therefore imposes a sanction on Kora of $1,000 per diem, beginning on November 28, 2023, for each day that he remains in violation of the Court's July 6, 2023 Order. Those funds are to be paid directly to Plaintiffs on a weekly basis beginning on December 5, 2023. The Clerk of Court is respectfully directed to close Dkt. No. 750. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/15/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
765
ORDER denying 763 Letter Motion to Adjourn Conference. The motion to adjourn the hearing is denied. Kora has been aware of his need to be in the United States and to be in court if he wished to attend the hearing for nearly a month. Counsel of fers no explanation for why Kora was not able with that advance notice to ensure that he was in the United States. If Kora wishes to participate remotely, he may make such application through counsel. The Clerk of Court is respectfully directed to close Dkt. No. 763. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/13/2023) (tg)
|
|
Filing
759
ORDER, The contempt hearing previously scheduled for October 27, 2023 is adjourned to November 14, 2023 at 3:00 PM, and will be held in Courtroom 15C, 500 Pearl Street, New York, NY 10007. At that hearing, the Court will also hear arguments regar ding Koras Motion to Reopen the cross claims brought against the co-defendants. The co-defendants are directed to file any opposition briefing to Koras Motion to Reopen by November 10, 2023. SO ORDERED. ( Responses due by 11/10/2023, Contempt Hearing set for 11/14/2023 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/18/23) (yv)
|
|
Filing
754
ORDER: IT IS HEREBY ORDERED that $35,000 of the Funds fraudulently transferred by Maki to Jung and held in escrow by the Rabinowitz Firm belong to Y&S and must be transferred by the Rabinowitz Firm to Plaintiffs/Judgment Creditors in partial sat isfaction of the Judgment. IT IS FURTHER ORDERED that $25,000 of the Funds fraudulently transferred by Maki to Jung and held in escrow by the Rabinowitz Firm belong to Maki's bankruptcy estate and must be transferred by the Rabinowitz Firm to the Chapter 7 Trustee for distribution to the creditors of Maki's bankruptcy estate. IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 69 and CPLR 5225(b), within three (3) business days of the entry of this Order with the Clerk of the C ourt, the Rabinowitz Firm must turn over $35,000 from its Trust Funds Account to Plaintiffs/Judgment Creditors by check written to the FRL IOLA account. IT IS FURTHER ORDERED that pursuant to 11 U.S.C. §§ 541 and 542, within three (3) business days of the entry of this Order with the Clerk of the Court, the Rabinowitz Firm must turn over $25,000 from its Trust Funds Account to the Chapter 7 Trustee in the manner determined by the Chapter 7 Trustee. IT IS FURTHER ORDERED that Plaintiffs/Judgment Creditors shall serve this proposed order through the Court's electronic filing system (ECF) and by email on the Rabinowitz Firm; on Vik Pawar, counsel for RYI and the Negitas; on Douglas Pick, counsel for Maki and RYI; and o n Howard Chun, counsel for Y&S by ECF. AND IT IS FURTHER ORDERED that any party that desires to interpose an objection to the form of this order shall raise his, her, or its objection no later than 5:00 p.m. on October 2, 2023. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/10/2023) (ama)
|
|
Filing
752
ORDER, Opposition briefs to the motion are due by October 16, 2023. The Court will hold a contempt hearing on October 27, 2023 at 2:00PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007. SO ORDERED. ( Responses due by 10/16/2023, Contempt Hearing set for 10/27/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/3/23) (yv)
|
|
Filing
742
ORDER, A conference was held in this matter to discuss the motion to appoint a receiver on September 15, 2023. This Order memorializes the rulings of the Court at the conference and the deadlines set. On September 28, 2023 at 2:00 PM, the court wil l hold a telephonic hearing regarding the outstanding motion to enforce the judgment. Dkt. No. 632. At issue at the hearing will be $60,000 currently in the possession of nonparty Kil S. Jung, stemming from two checks paid from defendant Miho Ma kis daughter Haruna Maki to Mr. Jung, each in the amount of $30,000 and each written on March 9, 2023-one from Haruna Makis Bank of America account, Evidentiary Hearing on Plaintiffs' Motion to Enforce on August 18, 2023 Exhibit 33, and one from Haruna Maki's TD Bank account, Dkt. No. 641-8 at ECF p. 12. The parties are directed to address whether those funds should be deemed to belong to Y&S, the estate of Miho Maki, the estate of Ramen-Ya Inc. or to another party relevant to thi s matter. Letter briefs addressing those issues shall be filed on ECF no later than September 26, at 4:00 PM and shall address whether the parties request the hearing on September 28, 2023 to proceed as scheduled. The Court continues the hearing on t he motion to appoint the receiver. Dkt. No. 675. Parties are directed to appear at a status conference before the Court on October 13, 2023 at 4:30 PM to discuss the need to address that motion and the status of any settlement discussions. Additional ly, the Court will hold a hearing on the motion to appoint a receiver on November 6, 2023 at 10:00 AM. As the Court stated at the conference held on September 15, 2023, Mr. Pawar is excused from attending the hearing on November 6. All proceedings sc heduled in this Order will be telephonic. The parties are directed to dial (888) 251-2909 and use the access code 2123101. SO ORDERED. ( Telephone Conference set for 10/13/2023 at 04:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 9/15/23) (yv)
|
|
Filing
740
OPINION AND ORDER The motion to deem Kuraku an alter ego of RYI is GRANTED. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis J. Liman on 9/13/2023) (jca)
|
|
Filing
737
ORDER granting 736 Letter Motion to Seal. Request granted. Docket Numbers 735-1 through 735-9 are deemed to have been filed under seal, and Docket Numbers 736-1 through 736-9 are accepted for filing. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/28/23) (yv)
|
|
Filing
734
ORDER. Defendant judgment debtor Miho Maki requests that the Court appoint counsel to represent her. The request is denied. The Court will let Maki achieve her goal of delay in one respect. The Court exercises its discretion sua sponte to give her an extension until August 29, 2023, to address the implications that the Court should draw from her exercise of the Fifth Amendment. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/25/23) (yv)
|
|
Filing
725
ORDER: On August 18, 2023, the Court held an evidentiary hearing on Plaintiffs' Motion to Enforce the Judgment. Both sides rested at the conclusion of the hearing. As stated on the record at the hearing, Plaintiffs are ordered to submit an y further supplemental briefing by Monday, August 21 at 5:00 p.m. Defendants are ordered to submit any opposition briefing by Thursday, August 24 at noon. Plaintiffs are ordered to submit any reply to the opposition briefing by Friday, August 25 at 5:00 p.m. ( Brief due by 8/21/2023., Reply to Response to Brief due by 8/25/2023., Responses to Brief due by 8/24/2023) (Signed by Judge Lewis J. Liman on 8/18/2023) (ate)
|
|
Filing
718
ORDER. The hearing for this case is scheduled for August 18, 2023. Counsel for the Trustee will be permitted to ask questions of Maki at the hearing on Plaintiffs Motion to Enforce. If Maki seeks to invoke the Fifth Amendment, she must do so hers elf in response to each question asked, see Pal v. New York Univ., 06-cv-5892, 2007 WL 4358463, at *10 (S.D.N.Y. Dec. 10, 2007), only in her personal capacity, see Braswell v. United States, 487 U.S. 99, 105, 108 S. Ct. 2284, 2288, 101 L. Ed. 2d 98 (1988), and only in response to questions that responding to would present her with a real hazard of prosecution, see Rogers v. United States, 340 U.S. 367, 374, 71 S. Ct. 438, 442, 95 L. Ed. 344 (1951). Further, the Court will be permitted to draw adverse inferences with respect to any question to which Maki responds by invoking her Fifth Amendment right. LiButti v. United States, 107 F.3d 110, 121 (2d Cir. 1997). The parties have asked the Court to determine whether Maki has forfeit ed or waived her Fifth Amendment rights by voluntarily filing for bankruptcy protection, see Chartschlaa v. Nationwide Mut. Ins. Co., 538 F.3d 116, 122 (2d Cir. 2008), and by testifying at the 341 Creditors Meeting before the Bankruptcy Court, see United States v. Miranti, 253 F.2d 135, 140 (2d Cir. 1958). That determination is best made only after Maki is questioned and if she invokes the Fifth Amendment, and then only after knowing which questions Maki intends to invoke her Fifth Amendme nt right. Maki may have waived her Fifth Amendment right with respect to certain subjects. See In re Flint Water Cases, 53 F.4th 176, 201 (6th Cir. 2022), reh'g denied, No. 22-1353, 2023 WL 370653 (6th Cir. Jan. 5, 2023) ("[C]ourts often determine whether a second waiver is needed by considering whether a waiver best serves the purposes of the Fifth Amendment and, more specifically, the purposes of the 'waiver' rule.") SO ORDERED. (Signed by Judge Lewis J. Liman on 8/15/23) (yv) Modified on 8/15/2023 (yv).
|
|
Filing
716
ORDER, Plaintiff is ordered to submit their brief in opposition, including with a discussion of whether the instant proceedings qualify as the same proceeding for the purpose of a waiver of the Fifth Amendment, by August 14, 2023. See Klein v. Harris, 667 F.2d 274, 287 (2d Cir. 1981); United States v. Miranti, 253 F.2d 135, 139-40 (2d Cir. 1958). SO ORDERED. ( Brief due by 8/14/2023.) (Signed by Judge Lewis J. Liman on 8/11/23) (yv)
|
|
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)
|
|
Filing
696
ORDER, The evidentiary hearing on the motion to enforce the judgment (Dkt. No. 633) set for July 17, 2023 at 10:00 a.m. is rescheduled to July 20, 2023 at 9:30 a.m. The hearing shall take place in Courtroom 15C, 500 Pearl Street, New York, NY 10007, with the continued testimony of Miho Maki. The Court will address the motion to withdraw at the end of the hearing on July 20, 2023. The time for the Negitas to respond to that motion is suspended sine die and will be addressed on July 20, 2023. SO ORDERED. ( Responses due by 7/20/2023, Evidentiary Hearing set for 7/20/2023 at 09:30 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/14/23) (yv)
|
|
Filing
681
MEMORANDUM AND ORDER granting 652 Motion to Enforce Judgment re: 652 FIRST MOTION to Enforce Judgment against Kenji Kora., 514 Clerk's Judgment. The motion to compel is GRANTED. The Clerk of Court is respectfully directed to close Dkt. No. 652. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/6/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
668
ORDER denying 666 Letter Motion to Stay re: 666 LETTER MOTION to Stay re: 657 Memorandum of Law in Support of Motion, Set/Reset Hearings, 660 Order and all proceedings addressed to Judge Lewis J. Liman from RYI defendant s dated 6/23/23. ORDER: The request that the court cancel Monday's hearing is denied. At the hearing, Yasuko Negita, Masahiko Negita, Miho Maki and Kenji Kora shall show cause why the Court should not refer the motion for criminal contempt to t he United States Attorneys Office for the Southern District of New York to prosecute the motion for criminal contempt and / or for perjury before the Court. The Court will also hear argument on the extent of the automatic stay. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/23/23) (yv)
|
|
Filing
630
MEMORANDUM AND ORDER denying 627 Motion for Reconsideration re 627 FIRST MOTION for Reconsideration re; 616 Memorandum & Opinion,, . filed by Yasuko Negita, Masahiko Negita. The motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 627. SO ORDERED.. (Signed by Judge Lewis J. Liman on 1/24/2023) (kv)
|
|
Filing
618
ORDER: To the extent that the RYI Judgment Debtors believe that the documents at issue fall outside those that the Court has ruled must be produced, the RYI Judgment Debtors shall move for a protective order related to such records by December 22, 2022. SO ORDERED. ( Motions due by 12/22/2022.) (Signed by Judge Lewis J. Liman on 12/20/2022) (va)
|
|
Filing
617
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis J. Liman on 12/19/2022) (ate)
|
|
Filing
605
OPINION AND ORDER re: 571 FIRST MOTION to Vacate the sanction levied on Ramen-ya, Inc., filed by Ramen-ya Inc., 574 SECOND MOTION to Compel Yasuko Negita, Masahiko Negita, Miho Maki, Ramen-Ya Inc. to produce post-judgmen t discovery documents, filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Ornrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, T anon Leechot. The motion to compel and for sanctions against RYI Counsel is GRANTED IN PART and DENIED IN PART. RYI's motion to vacate the sanctions imposed against it is DENIED. Sanctions shall not run or be imposed against Yasuko, Negita, and/or Maki with respect to those records that may be lawfully withheld under the Fifth Amendment pursuant to this Opinion and Order. For those records that Yasuko, Negita, and/or Maki had withheld as protected by the Fifth Amendment and this Cou rt found were not lawfully withheld on that basis, sanctions will begin to run as to those records if not produced to Plaintiffs within seven (7) days of the issuance of this Opinion and Order. The Clerk of Court is respectfully directed to close Dkt. Nos. 571, 574. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/12/2022) (va)
|
|
Filing
588
ORDER A hearing in this case is scheduled for Wednesday, November 23, 2022 on Plaintiffs' motion for sanctions and contempt and on Defendants claim of a Fifth Amendment privilege against production. For avoidance of doubt, Defendants are orde red to bring to Court all of the documents listed at paragraph 81 of the Rostami Declaration at Dkt. No. 577 and that are in their possession, custody, and control. In addition, Defendants are ordered to bring to Court the information and document s listed in paragraphs 77 to 79 of the Rostami Declaration (Dkt. No. 577). Defendants shall be afforded an opportunity in camera to make a showing of an entitlement to a Fifth Amendment privilege on a document-by-document basis. See Est. of Fisher v. Comm'r, 905 F.2d 64 (2d Cir. 1990). To the extent that the Court finds that there is no privilege as to any particular document or piece of information, Defendants will be ordered to produce the documents and/or information to Plaintiffs in Court during the proceeding. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/21/2022) (jca)
|
|
Filing
565
ORDER: The Order filed on September 30, 2022 at Dkt. No. 560 stated that the sanctions imposed should be "deposited into the Registry of the Court." Id. at 2. That Order is amended to clarify that the sanctions should be paid to the Court and need not be deposited into the Registry of the Court. This clarification has no impact on the substance of the Order. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/12/2022) (ama) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
560
ORDER granting in part and denying in part 530 Letter Motion to Compel. As discussed at the conference held in this matter on September 27, 2022, Plaintiffs' motion is GRANTED IN PART AND DENIED IN PART. Plaintiffs have established by clea r and convincing evidence that each of the Defendants have violated the Court's rulings through Defendants' refusal to produce documents and information sought by Plaintiffs. See Markus v. Rozhkov, 615 B.R. 679, 710 (S.D.N.Y. 2020). The Court therefore imposes a sanction of $5,000 on each of the RYI Defendants to be deposited into the Registry of the Court by October 7, 2022. If the RYI Defendants fail to be in compliance with the Court's August 25 order by October 7, 20 22 by failing to produce the documents requested in Plaintiffs' subpoenas, each of the RYI Defendants must pay a sanction of $1,000 per day for each day that they remain in noncompliance. The Court also imposes a sanction of $1,000 on each of the Y&S Defendants to be deposited into the Registry of the Court by October 7, 2022. If the Y&S Defendants fail to be in compliance with the Court's August 10 order by October 7, 2022 by failing to produce the documents requested in Plaintiffs' subpoenas, each of the Y&S Defendants must pay a sanction of $1,000 per day for each day that they remain in noncompliance. The motion is denied, however, with respect to Plaintiffs' request to compel the production o f the CPLR 6219 statements or the amended CPLR 6219 statements and to hold the Y&S Defendants in contempt for their failure to do so. The Clerk of Court is directed to close Dkt. No. 530. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/30/2022) (tg) Transmission to Finance Unit (Cashiers) for processing.
|
|
Filing
556
ORDER granting 549 Motion for Judgment. The motion to register the judgment in the United States District Court for the District of New Jersey and any other district in which assets of the Defendants are discovered, is granted, without opposition. Dkt. No. 549. The Clerk of Court is directed to close Dkt. No. 549. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/22/2022) (tg)
|
|
Filing
544
ORDER: For the upcoming September 27, 2022 conference on Plaintiffs' motion for contempt, this Court orders that Defendants Yasuko Negita, Masahiko Negita, and Miho Maki be present in person. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/14/2022) (tg)
|
|
Filing
541
ORDER re: 538 Letter filed by Yasuko Negita, Miho Maki, Masahiko Negita, Ramen-ya Inc., 536 Letter filed by Yasuko Negita, Miho Maki, Masahiko Negita. This request is GRANTED IN PART AND DENIED IN PART. The September 23 conference w ill be rescheduled to September 27, 2022 at 3pm in Courtroom 15C at the 500 Pearl Street Courthouse. The hearing will be to consider whether the RYI Defendants should be held in criminal and/or civil contempt. Opposition papers must be submitted no later than 5:00 pm on September 14, 2022 and any reply papers must be submitted no later than September 21, 2022. The RYI Defendants may not file a cross-motion absent leave of court. SO ORDERED. ( Responses due by 9/14/2022, Replies due by 9/21/2022., Oral Argument set for 9/27/2022 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 9/12/2022) (tg)
|
|
Filing
515
ORDER: NOW THEREFORE, upon the motion by order to show cause of Plaintiffs through their counsel, IT IS HEREBY ORDERED that Plaintiffs' motion to confirm the Order of Attachment is granted and it shall remain effective as modified here in unless otherwise amended or vacated by this Court. IT IS FURTHER ORDERED that pursuant to the Order of Attachment and CPLR 6201, CPLR 6211(a), and CPLR 6212(a), Mrs. Negita, Negita, Maki, RYI and Y&S are enjoined from transferring, selling, assigning, hiding, dissipating, or moving the following assets out of the reach of Plaintiffs to satisfy the judgment that will be issued for Plaintiffs in this action: a. Property located at 309 Knickerbocker Road, Tenafly, New Jersey, also kn own as 8 Floral Terrace, Tenafly New Jersey ("Real Property") owned by Mrs. Negita. b. All shares of Ku-Raku New York, Inc. ("Ku-Raku"), owned by Mrs. Negita, which operates a restaurant in New York County under the trade name "Ramen Kuraku" without any prejudice to the rights of any third parties with adverse claims who were not present at the Conference to come forward to establish their rights in Ku-Raku pursuant to CPLR6221 and all other applicable provisio ns of New York law. c.The restaurant Ramen Kuraku. d.RYI bank account 7528057408 with Capital One ("RYI Account"), except to the extent that funds in such account are required to be expended to make legitimate payments to RYI's cred itors. e. Y&S bank accounts 428-968578 and 434-7134879 ("Y&S Accounts") with TD Bank, except to the extent that funds in such accounts are required to be expended to make legitimate payments to Y&S's creditors. IT IS FURTHER ORDER ED that the Restraining Order issued pursuant to CPLR 5229 is hereby modified to the extent that Defendants are restrained from selling, transferring, conveying, gifting, pledging, assigning, or otherwise encumbering any assets or interest in any assets they own, are in their possession, custody or control up to $1,798,633.63. IT IS FURTHER ORDERED that, subject to all limitations stated in CPLR 5222 and other applicable provision of New York law, and/or any further modifications made by the Court, the Restraining Order shall continue from August 11, 2022 until such time as a judgment in this action is entered. IT IS FURTHER ORDERED that Plaintiffs motion for leave to examine Defendants with respect to the nature, extent and location of their assets is granted, and Defendants are ordered to appear at the office of Plaintiff's counsel for such examination on or before August 23, 2022. IT IS FURTHER ORDERED that, on or before August 16, 2022, Defendants shall se rve the statement required by CPLR 6219 upon Plaintiffs' counsel, Florence Rostami LLC, by email delivery to Florence Rostami at frostami@rostamilaw.com, with copies to Neal Haber at nhaber@rostamilaw.com and Rachel Izower-Fadde at r izower@izowerfeldman.com. AND IT IS FURTHER ORDERED that pursuant to Fed. R. Civ. P. 4(f)(3), service of this Order shall be made by email to the individual counsel at the corresponding email addresses listed below: Counsel for Mrs. Negit a, Negita, Maki, and RYI to Vikrant Pawar, at vikrantpawaresq@gmail.com. Counsel for Kora and Y&S to Howard Chun, at howard@kaplanchun.com. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Lewis J. Liman on 8/10/2022) (vfr)
|
|
Filing
512
OPINION AND ORDER re: 499 FIRST MOTION for Judgment and Determination of each Plaintiff's Damages, filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, O rnrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, Tanon Leechot. For the foregoing reasons, the Clerk of Court is directed to prepare a judgment awarding $687,825.81 in damages and penalties to Pla intiffs, $1,110,807.82 in attorneys' fees and costs to Plaintiffs' counsel, as well as any post judgment interest. The Clerk of Court is respectfully directed to close Dkt. No. 499. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/8/2022) (va) Transmission to Orders and Judgments Clerk for processing.
|
|
Filing
488
MEMORANDUM AND ORDER re: 485 Letter, filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Ornrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, Tanon Leechot. Plaintiff's Rule 32 motion is granted and the objection is overruled. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/1/2022) (kv)
|
|
Filing
483
ORDER: In connection with the Court's Order at Dkt. No. 480 ordering Mr. Jung to appear at trial, in Courtroom 15C at 500 Pearl Street at 9:30 a.m. on July 5, 2022, Mr. Jung is advised that there is a legal clinic in this district that pro vides assistance, free of charge, to people who do not have lawyers. The clinic is run by a private organization called the New York Legal Assistance Group ("NYLAG"); it is not part of, or run by, the Court. Mr. Jung is advised that he m ay contact NYLAG via https://nylag.org/gethelp/ or by calling (212) 659-6190 or (212) 613-5000 with any questions he may have about his obligation to appear at trial. Plaintiff is directed to send a copy of this Order to Mr. Jung. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/29/2022) (va)
|
|
Filing
480
MEMORANDUM AND ORDER granting in part and denying in part 465 Motion to Compel. The motion to compel Jung's appearance is granted. Jung, who is employed in New York, New York, was served at his place of business with a subpoena directing his appearance at trial on July 5, 2022, in Courtroom 15C of the United States Courthouse, 500 Pearl Street, New York, New York. Dkt. No. 466-15; Dkt. No. 469. Jung was also served a copy of the motion to compel and of the Court's June 22, 2 022 Order setting the deadline for his response to the motion to compel. Dkt. No. 469. He has not responded or identified good cause for failure to appear or to produce the documents requested in the subpoena. Jung is ordered to appear in Courtroo m 15C at 500 Pearl Street at 9:30 a.m., with the documents requested in the subpoena to the extent that they are in his possession, custody or control, on pain of contempt if he fails to appear. The motion directed to defendants is denied. To th e extent that Plaintiffs seek to have Defendants themselves produce the documents referenced in the Jung subpoena from their own files, the request is made long after the period for discovery and thus is untimely. Plaintiffs also offer no authorit y for the proposition that Defendants must inform Jung of his obligations under the subpoena. It is sufficient that the Court inform Jung of those obligations and that Defendants be aware that they face potential consequences under the law if the y interfere with Plaintiffs' right to compel Jung's appearance at trial. Plaintiffs shall serve this Order on Jung and file proof of service on the docket. The Clerk of Court is respectfully directed to close Dkt. No. 465. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/28/2022) (vfr)
|
|
Filing
463
ORDER: As discussed at the Telephone Conference held in this matter on June 13, 2022, the following deadlines were set in advance of the July 5 bench trial. By June 16, 2022, each party is to ensure that opposing counsel has exhibits the party intends to present at trial, except for impeachment exhibits, and to provide a copy of the exhibits to the court by hard copy and by electronic file transfer. Defendants are to submit an exhibit list for witness Kora by June 16, 2022. By June 20, 2022, Plaintiffs are to submit deposition designations for witness Kora. Also, by June 20, 2022, counsel for the Y&S Defendants are to submit a letter motion regarding what issues they believe remain to be tried at the July 5 bench trial that pert ain to their clients, and whether the crossclaims remain in the case. Any opposition to such motion is due by June 27, 2022. If necessary, any motion to compel production of documents in the Jung subpoena is due June 20, 2022. By June 22, 2022, Pl aintiffs are to submit any additional exhibits in light of the Kora exhibit list. Defendants counter designations for witness Kora and objections to any deposition designations are due June 27, 2022. By 5:00PM on June 27, 2022, parties are to subm it their findings of fact and memoranda of law, as well as any additional stipulated facts. The Final Pretrial Conference will proceed as scheduled on June 29, 2022. SO ORDERED. ( Motions due by 6/20/2022. Responses due by 6/27/2022.) (Signed by Judge Lewis J. Liman on 6/16/2022) (va)
|
|
Filing
460
OPINION AND ORDER: re: 450 CROSS MOTION to Quash Subpoenas filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Ornrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, Tanon Leechot, 440 LETTER MOTION to Compel all plaintiffs to comply with Rule 45 trial subpoenas. addressed to Judge Lewis J. Liman from defendant Yasuka Negita dated 3/7/22. filed by Yasuko Negita, [453 ] MOTION to Quash Subpoenas and Requests for Admission filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Thanatharn kulaptip, Takayuki Sekiya, Ornrat Keawsri, Sachina N agae, Thiratham Raksuk, Tanon Leechot, 446 FIRST MOTION in Limine filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Thanatharn kulaptip, Takayuki Sekiya, Ornrat K eawsri, Sachina Nagae, Thiratham Raksuk, Tanon Leechot. The parties have raised a number of different issues through the overlapping motionspending at Dkt. Nos. 440, 446, 450, and 453. This order resolves the pending motions. The jury trial of th is case is scheduled for May 31, 2022. The final pretrial conference is scheduled for May 25, 2022. The Clerk of Court is respectfully directed to close Dkt. Nos. 440, 446, 450, and 453. And as set forth herein. SO ORDERED., ( Final Pretrial Conference set for 5/25/2022 at 03:00 PM before Judge Lewis J. Liman., Jury Trial set for 5/31/2022 at 09:30 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 5/05/2022) (ama)
|
|
Filing
459
ORDER: Defendant Negita seeks leave to make a second motion for summary judgment. Dkt. No. 457. Defendant has already moved for summary judgment, and the Court denied that motion. Dkt. Nos. 387, 419. The time to move for reconsideration or to m ake an additional summary judgment motion has passed. See Dkt. No. 384 (setting deadline for summary judgment motions). In any event, Defendant has not shown that the Court committed any error in its earlier order or any good cause for making a se cond motion. Having survived summary judgment, Plaintiffs have the right to call Defendant to the stand as a hostile witness and to elicit testimony from her directed to the question whether she was an employer and is liable under FLSA. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/4/2022) (vfr)
|
|
Filing
419
OPINION AND ORDER re: 387 FIRST MOTION for Partial Summary Judgment, filed by Yasuko Negita, Miho Maki, Masahiko Negita, Ramen-ya Inc.; 388 MOTION for Summary Judgment, filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat K ongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Ornrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, Tanon Leechot. Defendants' motion for summary judgment is DENIED; Plaintiffs' mo tion for an order certifying this case as a collective action is GRANTED; and Plaintiffs' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The Clerk of Court is respectfully directed to close Dkt. Nos. 387 and 388. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/10/2021) (va)
|
|
Filing
367
MEMORANDUM OPINION & ORDER re: 310 FIRST LETTER MOTION for Leave to File supplemental documents in support of Motion for Attachment [DE 273] addressed to Judge Valerie E. Caproni from Florence Rostami dated September 26, 2019. filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Ornrat Keawsri, Takayuki Sekiya, Thanatharn kulaptip, Sachina Nagae, Thiratham Raksuk, Tanon Leechot, 273 FIRST MOTION for Attachment of properties of Defendants Negita and Kobayashi pursuant to Fe.R.C.P. 6201(1). filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Thanatharn kulaptip , Takayuki Sekiya, Ornrat Keawsri, Sachina Nagae, Thiratham Raksuk, Tanon Leechot, 327 FIRST MOTION to Add Party(ies) Ornrat Keawsri, Sachina Nagae, Takayuki Sekiya, Siwapon Topon, Pimparat Ketchatrot, Thirantham Ratsuk, Parichat Kongtuk , Tanon Leechot, Thanatharn Kulaptip, Wanwisa Nakwirot, Natcha Natatpisit, and Parada Mongkolkajit MOTION for Leave to File Third Amended Complaint . filed by Wanwisa Nakwirot, Parada Mongkolkajit, Parichat Kongtuk, Natcha Natatpisit, Pimparat Ketchatrot, Siwapon Topon, Thanatharn kulaptip, Takayuki Sekiya, Ornrat Keawsri, Sachina Nagae, Thiratham Raksuk, Tanon Leechot. For the reasons stated above, Plaintiffs' motion to file a TAC is GRANTED IN PART and DENIED IN PA RT. Plaintiffs are directed to file the PTAC without the proposed eighth and ninth claims within fourteen (14) days of this Order, and the motion for an order of attachment is DENIED. Defendants' response to the TAC is governed by Rule 15. Th e parties are directed to appear for a telephonic status conference on September 15, 2020 at 4:00 pm; dial-in (866) 390-1828, access code 1582687. Parties should submit a joint status letter seven (7) days before, or by September 8, 2020. The Clerk of Court is directed to close ECF 273, ECF 310, and ECF 327. SO ORDERED. (Telephone Conference set for 9/15/2020 at 04:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 8/6/2020) (rro)
|
|
Filing
359
ORDER: It is hereby ORDERED, that counsel shall conduct work remotely. This includes, but is not limited to, client meetings, work meetings, and hand deliveries of courtesy copies to the Court (courtesy copies can be sent via email or mail). I t is furtherORDERED, that no in-person depositions shall take place on or before April 30, 2020, absent a showing of exceptionally good cause. For depositions planned on or after May 1, 2020, parties shall submit a joint status letter with deposit ion plan(s) fourteen (14) days before the planned deposition(s). It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired discovery deadlines are hereby EXTENDED for a period of 60 days. Counsel shall file a joint proposed o rder with the new discovery deadlines within seven (7) days of this Order. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in light of the COVID-19 pandemic (or for any other good cause). Before see king such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. It is further ORDERED that if counsel h as any private, personal, familial or medical concerns that they need to share with the Court that would necessitate further orders, counsel may email Wang_NYSDChambers@nysd.uscourts.gov ex parte provided that they advise the other parties that they will be contacting the Court ex parte. SO ORDERED. (Deposition due by 4/30/2020.) (Signed by Magistrate Judge Ona T. Wang on 3/18/2020) (jca)
|
|
Filing
358
ORDER denying as moot 349 Motion to Quash; terminating 350 Motion to Quash. The Court held a status conference in this matter on February 26, 2020. For the reasons stated on the record a the conference, Plaintiffs' Motion to Quash Subpoe nas Duces Tecum, ECF 349, is hereby DENIED as moot. The parties shall file a joint status letter by March 20, 2020. The March 20 letter shall include (1) what further discovery, if any, is needed and (2) whether any of the parties intend on filing a dispositive motion. The Clerk is directed to close ECF 349 and ECF 350. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 2/26/2020) (va)
|
|
Filing
354
ORDER granting 353 Letter Motion to Adjourn Conference. Application GRANTED. The January 29, 2020 Status Conference is hereby adjourned to Wednesday, February 26, 2020 at 3:00 p.m. The parties shall file a joint status letter by February 19, 2020. SO ORDERED. (Status Conference set for 2/26/2020 at 03:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 1/23/2020) (rro)
|
|
Filing
339
ORDER: The Court held a Status Conference in this matter on December 11, 2019. As discussed at the conference, the RYI Defendants shall produce their responsive documents by December 20, 2019 or else confirm to Plaintiffs by that date that no addi tional responsive documents exist. The parties are reminded that, pursuant to the Court's Individual Practices §II.b, the parties shall engage in a meaningful meet-and-confer process before requesting Court intervention. The parties shall also meet and confer regarding whether they consent to magistrate judge jurisdiction for all purposes, and inform the Court of their decision by January 17, 2020. The Court will hold the next Status Conference on January 29, 2020 at 10:30 a.m. in Courtroom 20D, 500 Pearl Street. SO ORDERED. (Status Conference set for 1/29/2020 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/11/2019) (rro)
|
|
Filing
333
ORDER granting in part nunc pro tunc 331 Letter Motion for Extension of Time to File. Application GRANTED in part nunc pro tunc. Plaintiffs' reading of Rule 30(e) is incorrect. Defendants shall file their opposition to Plaintiffs' motion to amend by December 12, 2019. Plaintiffs' reply, if any, is due December 19, 2019. Because Plaintiffs have represented that they would produce the deposition transcripts to Defendants by November 14, 2019, ECF 332, the request to order production by a date certain is denied as moot. The Clerk is directed to close ECF 331. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 11/15/2019) (rro)
|
|
Filing
246
ORDER granting 228 Motion to Compel. For the foregoing reasons, Plaintiffs' Motion to Compel is GRANTED. Within thirty (30) days of the date of this Order, the RYI Defendants shall produce to Plaintiffs documents in compliance with this Or der. Plaintiffs' request for attorney's fees is DENIED at this time, with leave to renew the request in a formal Motion for Attorney's Fees on the briefing schedule discussed above. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 4/19/2019) (rro)
|
|
Filing
130
ORDER AND OPINION: re: 45 FIRST MOTION motion to certify collective action . filed by Siwapon Topon, Takayuki Sekiya, Ornrat Keawsri, Sachina Nagae, Pimparat Ketchatrot, 81 FIRST MOTION to Dismiss Plaintiffs' Amen ded Complaint. filed by Miho Maki, Masahiko Negita, Ramen-ya Inc. For the reasons stated above, Defendants motion to dismiss is denied; Plaintiffs' motion to conditionally certify a collective is granted; and the parties are instructed to jointly revise the Proposed Notice and Order. The Clerk of Court is instructed to terminate Docket Entries 45 and 81. (Signed by Judge Valerie E. Caproni on 1/2/2018) (js)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
