Opinion
No. C-12-1288 EMC
08-28-2012
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