Keawsri v. Ramen-ya Inc.
- Lewis Liman
- 1:17-cv-02406
- U.S. District Court · Southern District of New York
- 1
In Keawsri v. Ramen-ya Inc., Judge Liman ordered defendants to bring documents and information for a hearing on sanctions, contempt, and asserted Fifth Amendment privilege.
The defendants were required to bring the specified documents and information and address their claimed Fifth Amendment privilege; the plaintiffs could receive materials the court found unprivileged.
What happened
In Keawsri v. Ramen-ya Inc., the court addressed preparations for a November 23, 2022 hearing on the plaintiffs’ request for sanctions and contempt and the defendants’ assertion of a Fifth Amendment privilege against producing information.
Judge Liman ordered the defendants to bring all documents listed in paragraph 81 of the Rostami Declaration that they possessed, controlled, or held. He also ordered them to bring the information and documents listed in paragraphs 77 through 79.
The court said the defendants could privately explain, document by document, why the Fifth Amendment privilege applied. Judge Liman further ordered that any document or information the court found unprivileged would have to be given to the plaintiffs during the hearing.
The detailed version
- Keawsri v. Ramen-ya Inc. · No. 1:17-cv-02406
- Lewis Liman
- Nov. 21, 2022
Background
The court stated that a hearing was scheduled for November 23, 2022, concerning the plaintiffs’ motion for sanctions and contempt and the defendants’ claim of a Fifth Amendment privilege against production. The order referenced information and documents identified in paragraphs 77 through 81 of the Rostami Declaration at Docket No. 577.
Order
The court ordered the defendants to bring to court all documents listed in paragraph 81 of the Rostami Declaration that were in their possession, custody, and control. The defendants also had to bring the information and documents listed in paragraphs 77 through 79.
The defendants were to be given an opportunity to make an in-camera showing of entitlement to the Fifth Amendment privilege on a document-by-document basis. “In camera” means that the court would review the showing privately. The court stated that, if it found no privilege for a particular document or piece of information, the defendants would be ordered to produce it to the plaintiffs during the proceeding.
Disposition
The order directed the defendants to appear with the specified materials and established how the court would evaluate their privilege claim at the scheduled hearing. It did not state a final ruling on whether any particular document or information was protected by the Fifth Amendment.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.