Opinion
No. C-12-1288 EMC
08-28-2012
SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JAMES MICHAEL MURRAY, Defendant.
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT'S
MOTION TO STAY
(Docket No. 27)
Defendant has moved to stay the instant civil action because of a pending criminal action against him. In Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 1995), the Ninth Circuit provided the governing standard as to when a civil action should be stayed because of a pending criminal action. Applying that standard, the Court GRANTS in part and DENIES in part Defendant's motion. Plaintiff shall be permitted to take the third-party discovery discussed at the hearing (i.e., document discovery). Allowing Plaintiff to take third-party discovery will not infringe on Defendant's Fifth Amendment rights. Defendant may also engage in third-party discovery.
IT IS SO ORDERED.
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EDWARD M. CHEN
United States District Judge