Opinion
No. 02 Civ. 8993 (LAK).
August 30, 2005
ORDER
The United States has moved for leave to intervene for the purpose of making, and made, an application to stay discovery in and the imminent trial of this action on the ground that these proceedings threaten to interfere with a pending criminal investigation. All of the remaining parties in this case either consent to, or have taken no position on, the government's application.
The Court is somewhat troubled by the lateness of the government's application. This matter was brought to its attention long ago, yet it seems to have begun its investigation quite late and to have allowed that investigation to linger for some considerable period. Moreover, it brought this application within about two weeks of the scheduled start of the trial, which has been on the calendar for some time. Nevertheless, there is a substantial public interest in the government's investigation that goes well beyond the private interests of the parties. The Court is not disposed to risk interference with that investigation provided the government now moves with alacrity, particularly given the lack of any objection by any party.
Accordingly, the government's motion to intervene for the stated purpose is granted. Its motion to stay discovery and the trial is granted to the extent that discovery is stayed until October 20, 2005 and the trial is adjourned pending further order of the Court with the understanding that it is the Court's present intention to calendar the case for trial as promptly after October 20, 2005 as possible. Should the government require additional time, it may apply for a continuation of the stay upon a detailed showing of what has been accomplished, what remains to be done, and a timetable for completion of the investigation.
SO ORDERED.