Opinion
3:20-cv-00152-SLG
02-21-2023
In the Matter of the COMPLAINT of William and Jane Martz, as owners of the Nautique, for Limitation of Liability.
ORDER RE MOTION TO STAY SUBPOENAS
SHARON L. GLEASON, UNITED STATES DISTRICT JUDGE
Before the Court at Docket 90 is the Alaska Department of Public Safety's (DPS) Motion to Stay Subpoenas. Mr. Horazdovsky filed a response in support of the motion at Docket 94 and William and Jane Martz filed a response in opposition to the motion at Docket 101.
The State seeks to stay the depositions of six law enforcement officers until after the criminal trial of Reagan Martz is concluded. The State's motion is denied, as it has not demonstrated it would be substantially prejudiced and deprived of a fair trial in the state criminal case if the proposed depositions of the law enforcement officers take place at this time. Keating v. Off. of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995).
A search on Courtview indicates that the criminal trial has been continued once again; it is now set for late April 2023.