Securities and Exchange Commission v. James Michael Murray

The opinion of the court was delivered by: Edward M. Chen United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO STAY

Defendant has moved to stay the instant civil action because of a pending criminal action 17 against him. In Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 1995), the Ninth 18 Circuit provided the governing standard as to when a civil action should be stayed because of a 19 pending criminal action. Applying that standard, the Court GRANTS in part and DENIES in part 20 Defendant's motion. Plaintiff shall be permitted to take the third-party discovery discussed at the 21 hearing (i.e., document discovery). Allowing Plaintiff to take third-party discovery will not infringe 22 on Defendant's Fifth Amendment rights. Defendant may also engage in third-party discovery. 23 IT IS SO ORDERED.

(Docket No. 27)

20120828