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Securities and Exchange Commission v. James Michael Murray

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 28, 2012

SECURITIES AND EXCHANGE COMMISSION,
PLAINTIFF,
v.
JAMES MICHAEL MURRAY, DEFENDANT.

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

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