Opinion
Case No. 2:00-CV-622 TS.
June 8, 2004
ORDER GRANTING DEFENDANTS' MOTION TO STAY, VACATING TRIAL AND ADMINISTRATIVELY CLOSING CASE
This matter is before the court on the Motion to Stay Pending Resolution of Criminal Case filed by Defendants John Garrett, Allen Andersen, and Robert Heninger and the Joinder Motion to Stay filed by Defendant Donald J. Purser. Defendants seek to stay trial in this civil case pending resolution of the criminal case filed against them. The remaining Defendants, Stephen Brockbank and Carol Love, have not filed anything in response to the request to stay this case. Plaintiff CFTC has filed a response indicating that it has no objection to the stay providing that it reserves its rights regarding deposition testimony and its right to move the court to lift a stay, should the criminal trials become unduly delayed.
Based upon the above and good cause appearing, it is therefore
ORDERED that the Motion to Stay Pending Resolution of Criminal Case, filed by defendants John Garrett, Allen Andersen, and Robert Heninger and the Joinder Motion to Stay, filed by defendant Donald J. Purser are GRANTED. It is further
ORDERED that the ten-day trial scheduled to begin on Monday, August 16, 2004, is VACATED. It is further
ORDERED that this case be administratively closed and may be re-opened upon the motion of any party or by the court. It is further
ORDERED that the parties shall file a Notice of Status of the pending criminal action(s), including any trial setting, no later than December 31, 2004.