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Sec. & Exch. Comm'n v. Murray

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 28, 2012
No. C-12-1288 EMC (N.D. Cal. Aug. 28, 2012)

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.

________________________

EDWARD M. CHEN

United States District Judge


Summaries of

Sec. & Exch. Comm'n v. Murray

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 28, 2012
No. C-12-1288 EMC (N.D. Cal. Aug. 28, 2012)
Case details for

Sec. & Exch. Comm'n v. Murray

Case Details

Full title:SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. JAMES MICHAEL MURRAY…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Aug 28, 2012

Citations

No. C-12-1288 EMC (N.D. Cal. Aug. 28, 2012)