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 plaintiffs to brief Miho Maki’s Fifth Amendment invocation by August 14, without deciding the issue.
The plaintiffs and Miho Maki, whose Fifth Amendment invocation was the subject of the briefing.
What happened
In Keawsri v. Ramen-ya Inc., the court addressed briefing about Miho Maki’s invocation of her Fifth Amendment rights before a hearing on the plaintiffs’ motion to enforce.
The court ordered the plaintiffs to file an opposition brief by August 14, 2023. The brief must discuss whether these proceedings qualify as the “same proceeding” for purposes of waiving the Fifth Amendment.
Judge Lewis J. Liman issued the order on August 11, 2023. The order set a briefing requirement and did not resolve Maki’s Fifth Amendment issue or the motion to enforce.
The detailed version
- Keawsri v. Ramen-ya Inc. · No. 1:17-cv-02406
- Lewis Liman
- Aug. 11, 2023
Background
At a July 20, 2023 conference, criminal counsel for Miho Maki stated that counsel would submit a brief concerning Maki’s invocation of her Fifth Amendment rights before the hearing on the plaintiffs’ motion to enforce. The plaintiffs’ counsel agreed to submit an opposition brief one week after Maki’s brief.
Maki’s counsel filed a motion concerning the invocation on August 7, 2023.
Order
The court ordered the plaintiffs to submit their opposition brief by August 14, 2023. The brief must include a discussion of whether the current proceedings qualify as the “same proceeding” for purposes of determining whether Maki waived her Fifth Amendment rights. The court cited Klein v. Harris and United States v. Miranti in connection with that issue.
Effect of the Order
This order sets a briefing deadline. It does not state a ruling on whether Maki invoked or waived her Fifth Amendment rights, and it does not decide the plaintiffs’ motion to enforce.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.