Rose v. Hancock et al, No. 1:2012cv00110 - Document 36 (D. Utah 2012)

Court Description: MEMORANDUM DECISION AND ORDER finding as moot 17 Motion to Stay ; stayed 20 Motion to Compel; granting 24 Motion to Stay ; denying 28 Motion to Strike. Plaintiffs Motion to Compel Defendants Depositions, and Request for an Expedited Decision is stayed pending the resolution of related criminal proceedings. Signed by Magistrate Judge Dustin B. Pead on 10/10/12. (jlw)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION CHANDLER RUSSELL ROSE, Plaintiff, MEMORANDUM, DECISION, & ORDER Case No. 1:12-cv-00110 DB v. District Judge Dee Benson OFFICERS K. HANCOCK, J. RICHARDS, & J. JACKSON, Agents of the CLEARFIELD POLICE DEPARTMENT U.S. Magistrate Judge Dustin Pead Defendants. Both Plaintiff and Defendants filed numerous motions related to Plaintiff s efforts to conduct depositions of Defendants. The Court has reviewed all memorandums, replies, and responses related to these motions. It renders the following orders. I. Defendants Motion to Stay Discovery Until the October 10, 2012 Initial Pretrial Conference Defendants Motion to Stay Discovery Until the October 10, 2012 Initial Pretrial Conference 1 is rendered moot because of the Court s ruling on Defendants subsequent Motion to Stay Discovery Until the Conclusion of Related Criminal Proceedings. II. Plaintiff s Motion to Strike Defendant s Motion to Stay Discovery Until the October 10, 2012 Initial Pretrial Conference Plaintiff s Motion to Strike Defendant s Motion to Stay Discovery Until the October 10, 2012 Initial Pretrial Conference is denied. 2 1 2 Docket No. 17. Docket No. 28. III. Defendants Motion to Stay Discovery Until the Conclusion of Related Criminal Proceedings For the reasons set forth in Defendants Motion to Stay Discovery Until the Conclusion of Related Criminal Proceedings, and Defendants memorandum, and reply in support thereof, the Court grants the Motion. 3 Specifically, the Court agrees with Defendants position that, pursuant to the Younger Doctrine: (1) civil discovery in this case might interfere with ongoing state criminal proceedings against Plaintiff that arise from the same incident at issue in the civil case; (2) the state of Utah has an important interest in pursuing criminal proceedings; and (3) state proceedings offer an adequate opportunity for Plaintiff to litigate federal constitutional issues he raised in his civil complaint. 4 Buck v. Myers, No. 06-4236, 2007 WL 1982188, at *3 (10th Cir. July 10, 2007) (unpublished) (citing Younger v. Harris, 401 U.S. 37, 91 (1971)). IV. Plaintiff s Motion to Compel Defendants Depositions, and Request for an Expedited Decision Plaintiff s Motion to Compel Defendants Depositions, and Request for an Expedited Decision is stayed pending the resolution of related criminal proceedings. 5 Upon notification by the parties that criminal proceedings have been resolved, the parties may request a scheduling conference. IT IS SO ORDERED this 10th day of October, 2012 BY THE COURT: Dustin Pead U.S. Magistrate Judge 3 Docket No. 24. Docket Nos. 25, 34. 5 Docket No. 20. 4