Opinion
CRIMINAL NUMBER 98-165-B-M2
October 19, 2001
RULING
Astoria Entertainment, Inc.'s motion to lift stay as to Astoria v. DeBartolo, Civil Action No. 98-20315, Division B of the Orleans Parish Civil District Court for the Parish of Orleans, State of Louisiana is denied.
While the defendants do have appeals which are pending on the convictions in the federal criminal case, there are also pending in this court several criminal charges that were either severed or a new trial was granted. The same concerns the Court had when it entered its order of April 18, 1999 staying the Astoria case remain today. The briefing dates for the appeals have been set by the Fifth Circuit Court of Appeals and if oral arguments are required the Court intends to wait until the Fifth Circuit has ruled before setting trials on the remaining charges. The additional delay caused by the criminal appeals will not prejudice any of the Parties to the civil suit. The Court believes it is in the interest of justice and judicial economy to stay the Astoria case until the appeals in the criminal case are decided by the Fifth Circuit Court of Appeals and a final decision has been made on whether the defendants will be tried on the remaining charges.
It is so ordered.