Brewer v. Salyer

Filing 185

ORDER GRANTING IN PART Plaintiff's 182 Motion to Lift the Discovery Stay ; ORDER setting status conference, signed by Magistrate Judge Dennis L. Beck on 5/29/2012. (Status Reports Deadline: 9/21/2012; Status Conference set for 9/26/2012 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Figueroa, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBIN BREWER,
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Plaintiff,
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v.
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SCOTT SALYER,

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Defendant.
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1:06cv1324 AWI DLB
ORDER GRANTING IN PART
PLAINTIFFS’ MOTION TO
LIFT THE DISCOVERY STAY
(Document 182)
ORDER SETTING STATUS CONFERENCE
Date: September 26, 2012
Time: 9:00 a.m.
Courtroom 9

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On May 3, 2012, Plaintiff Robin Brewer, on behalf of himself and all others similarly
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situated (“Plaintiff”), filed the instant motion to lift the discovery stay imposed on April 19, 2010.
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The motion was heard on May 25, 2012, before the Honorable Dennis L. Beck, United States
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Magistrate Judge. Matthew Galin appeared on behalf of Plaintiff. James Mayo appeared on
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behalf of Defendant Scott Salyer.
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DISCUSSION
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On April 19, 2010, this Court issued an order staying all discovery for six months because
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of the pending criminal case against Defendant. The Court based its decision primarily on the
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implication of Defendant’s Fifth Amendment rights. The stay remained in effect beyond the initial
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six month period because the criminal case was ongoing.
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On March 23, 2012, Defendant entered into a plea agreement in the criminal case.
Sentencing is currently set for September 5, 2012.

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The reasons behind the Court’s decision to stay all formal discovery are no longer present

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in light of the plea agreement. The stay has been in place for over two years and the parties

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should now be ready to proceed with certain discovery. “In the absence of substantial prejudice

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to the rights of the parties involved, [simultaneous] parallel [civil and criminal] proceedings are

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unobjectionable under our jurisprudence.” Keating v. Office of Thrift Supervision, 45 F.3d 322,

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324 (9th Cir. 1995).

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However, the stay CONTINUES with respect to Defendant’s deposition and written
discovery directed at Defendant.

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ORDER

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Accordingly, the motion to lift the discovery stay is GRANTED IN PART and DENIED
IN PART.

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The Court also SETS a Status Conference for September 26, 2012, at 9:00 a.m., in
Courtroom 9. Status reports shall be filed five days prior to the conference.

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IT IS SO ORDERED.

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Dated:
9b0hie

May 29, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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