Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Steven Booth and Louise Booth v. Michael Scott Ioane's

December 17, 2012

STEVEN BOOTH AND LOUISE BOOTH,
PLAINTIFFS,
v.
MICHAEL SCOTT IOANE'S, ACACIA CORPORATE MANAGEMENT LLC, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER REGARDING DEFENDANTS ACACIA CORPORATE MANAGEMENT LLC AND MOTION TO STAY (Document 50)

INTRODUCTION*fn1

Relevant Procedural Background On November 14, 2012, Defendants Acacia Corporate Management, LLC and Michael Scott Ioane Sr. filed a Motion to Stay in this matter. (Doc. 50.)

On November 21, 2012, Cross-claim Defendants United States of America filed its opposition to the motion. (Doc. 53.) On November 30, 2012, Plaintiffs Steven Booth and Louise Booth filed their opposition to the motion. (Doc. 55.)

On December 7, 2012, the undersigned issued a minute order, vacating the hearing on the motion and taking the matter under submission pursuant to Local Rule 230(g). (Doc. 57.)

For the reasons that follow, the motion will be denied.*fn2 The Parties' Positions

The Moving Defendants*fn3

Defendants Acacia Corporate Management LLC and Michael Scott Ioane ("moving Defendants") assert this matter should be stayed pending the outcome of the now-pending appeal to the Ninth Circuit Court of Appeals, following Ioane's criminal conviction. Specifically, moving Defendants assert that to deny a stay of these proceedings "could violate Ioane's Fifth Amendment" rights because the criminal appeal and the instant civil action concern "the same issues" and because the now-pending appeal "will likely result in a new criminal trial for Ioane." (Doc. 50 at 3.) Further, moving Defendants contend that "[w]ith Ioane incarcerated and [a] criminal appeal pending it is more compelling for the court to grant the stay in the case at bar," and that "there is no real risk of prejudice to the Plaintiffs." (See Doc. 50 at 3-4.)

The Government

The Government contends a stay of these proceedings is unnecessary. More particularly, the Government points out that Plaintiffs have not addressed the factors to be considered by the Court when presented with a motion or request for stay, nor have they explained or supported the assertions they do make, and because Ioane has previously testified in the criminal proceeding and related civil proceedings. (Doc. 53.)

Plaintiffs Steven Booth and Louise Booth

Plaintiffs Steven Booth and Louise Booth (the "Booths") oppose the moving Defendants' motion because (1) Ioane's Fifth Amendment rights will not be violated as he has already given testimony in the criminal action and was subsequently convicted; (2) further delay will prejudice the Booths because their tax liability remains unsatisfied and "because Mr. Ioane continues his misdeeds regarding the property" at issue; and (3) because granting the motion to stay would be contrary to the interests of justice. (Doc. 55 at 2-3.)

DISCUSSION

Applicable Legal Standards A district court's "power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. How this can best be done calls for the exercise of judgment, which must weigh competing interests and maintain an even balance." Landis v. North American Co., 299 U.S. 248, 254-255, 57 S.Ct. 163, 81 L.Ed. 153 (1936). "The power to stay proceedings is incidental to the power inherent in every court to schedule disposition of the cases on its docket so as to promote fair and efficient ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.