Securities And Exchange Commission v. Murray
Filing
38
ORDER by Judge Edward M. Chen granting in part and denying in part 27 Defendant's Motion to Stay (emclc1, COURT STAFF) (Filed on 8/28/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SECURITIES AND EXCHANGE
COMMISSION,
No. C-12-1288 EMC
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Plaintiff,
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT’S
MOTION TO STAY
v.
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For the Northern District of California
United States District Court
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JAMES MICHAEL MURRAY,
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(Docket No. 27)
Defendant.
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Defendant has moved to stay the instant civil action because of a pending criminal action
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against him. In Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 1995), the Ninth
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Circuit provided the governing standard as to when a civil action should be stayed because of a
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pending criminal action. Applying that standard, the Court GRANTS in part and DENIES in part
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Defendant’s motion. Plaintiff shall be permitted to take the third-party discovery discussed at the
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hearing (i.e., document discovery). Allowing Plaintiff to take third-party discovery will not infringe
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on Defendant’s Fifth Amendment rights. Defendant may also engage in third-party discovery.
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IT IS SO ORDERED.
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Dated: August 28, 2012
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_________________________
EDWARD M. CHEN
United States District Judge
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