15 Cited authorities

  1. Baxter v. Palmigiano

    425 U.S. 308 (1976)   Cited 2,604 times   8 Legal Analyses
    Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
  2. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,277 times   6 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
  3. United States v. Kordel

    397 U.S. 1 (1970)   Cited 764 times   6 Legal Analyses
    Holding the United States Food and Drug Administration's routine investigation was not done solely to obtain evidence supporting criminal charges
  4. Trustees of Plumbers Pen. v. Transworld

    886 F. Supp. 1134 (S.D.N.Y. 1995)   Cited 256 times   1 Legal Analyses
    Holding in May of 1995 that "the Criminal Case should be completed by the end of this year, which would not unreasonably prolong this case"
  5. Walsh Securities v. Cristo Propery Management

    7 F. Supp. 2d 523 (D.N.J. 1998)   Cited 162 times
    Finding a stay of discovery was appropriate where the “Government [] expressed concern that interrogatory and deposition discovery in this matter could harm its investigation by disclosing testimony of potential government witnesses in the criminal action”
  6. Texaco, Inc. v. Borda

    383 F.2d 607 (3d Cir. 1967)   Cited 98 times
    Holding that the district court abused its discretion in denying a Rule 27 petition where the proposed deponent was 71 years old, the filing of the anticipated lawsuit had to await the resolution of pending criminal action, and the subject of the proposed examination was a series of events that was already 11 years in the past
  7. Chazanow v. Sussex Bank

    Civil Action No. 11-1094 (CCC) (D.N.J. Jul. 1, 2014)   Cited 15 times
    Granting nonparty's motion to quash subpoena
  8. Walker v. Cnty. of Gloucester

    Civil No. 15-7073 (RBK/AMD) (D.N.J. Apr. 28, 2016)   Cited 4 times

    Civil No. 15-7073 (RBK/AMD) 04-28-2016 TERRY J. WALKER, Plaintiff, v. COUNTY OF GLOUCESTER, et al., Defendants. ANN MARIE DONIO UNITED STATES MAGISTRATE JUDGE [D.I. 8] MEMORANDUM OPINION AND ORDER Presently before the Court is the motion of Defendant Elbert B. Johnson, Jr. (hereinafter, "Defendant Johnson") to stay the proceedings pending resolution of a criminal matter in the Superior Court of New Jersey, Salem County. (See generally Memorandum of Law in Support of Defendant Elbert Johnson, Jr.'s

  9. Kelley v. Enhanced Recovery Co.

    Civil Action No. 15-6527 (CCC) (D.N.J. Oct. 7, 2016)   Cited 3 times

    Civil Action No. 15-6527 (CCC) 10-07-2016 CHRISTOPHER KELLEY, on behalf of himself and all others similarly situated, Plaintiff, v. ENHANCED RECOVERY COMPANY, LLC, et al., Defendants. Falk, U.S.M.J. OPINION Falk , U.S.M.J. This matter comes before the Court upon the informal application of nonparty Cellco Partnership d/b/a/ Verizon Wireless ("Verizon") to quash a deposition subpoena served by Plaintiff Christopher Kelley. (CM/ECF No. 31.) The application is opposed. (CM/ECF No. 32.) The application

  10. Centrix Fin. Liquidating Trust v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa. (In re Centrix Fin., LLC)

    Civil Action No. 12-6471 (AET) (D.N.J. Dec. 18, 2012)   Cited 5 times
    Quashing subpoenas to nonparties in part because information was already available to defendants and thus would be duplicative
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,547 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  13. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,130 times   147 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."