Surrogate Mella ESTATE OF ROCKY H. AOKI, ALSO KNOWN AS HIROAKI AOKI, Deceased (08-2604/H & /I) — At the call of the calendar on February 2, 2021, the court resolved as follows the application for a protective order sought by Keiko Ono Aoki (Keiko) in a motion brought by order to show cause. The issue regards discovery from Keiko’s former counsel, Joseph Manson, Esq., in Alexandria, Virginia. In the underlying proceeding, Petitioners, Steven Aoki and Devon Aoki (Steven and Devon), two of decedent Rocky Aoki’s children, seek to remove Keiko as the trustee of the trust benefiting them established under decedent’s will. The court suspended Keiko as trustee on February 11, 2020, and she appointed, pursuant to the will, an interim successor trustee, Jonathan Siegfried, Esq., who has qualified and is now serving. A company wholly owned by the trust, Benihana of Tokyo, LLC, which is also referred to as “BOT,” moved in Virginia to quash the subpoena Steven and Devon served on Manson in June of last year. The Circuit Court of the City of Alexandria, Virginia, in an order dated September 11, 2020, directed Manson to produce all documents responsive to the subpoena that relate to or concern BOT to Siegfried. However, Siegfried confirmed to this court that Manson had not yet produced any discovery to him pursuant to the Virginia order, which order also explicitly carved out issues that it was not deciding, including those raised by this motion. On the record in open court on February 2, 2021, this court directed Manson to produce all documents required to be produced under the Virginia order concerning BOT to Siegfried and to Petitioners, within 10 days of his being served with this decision and order. Documents may be produced in electronic format. Concerning the protective order application, the court granted the relief of directing Manson to produce to counsel for Keiko first, and before they are produced to Petitioners’ counsel, all documents responsive to the subpoena, within 10 days of his being served with this decision and order. Documents may be produced by electronic means as agreed by the parties. Then, within 45 days after receiving the documents from Manson, Keiko was ordered by the court to disclose all non-privileged documents to Petitioners’ counsel, together with a complete log of all documents withheld, specifying the document and the privilege being asserted to avoid disclosure. This decision constitutes the order of the court. Clerk to notify. Dated: July 1, 2021
