USA v. Alizadeh et al

Filing 60

ORDER signed by Magistrate Judge Kendall J. Newman on 6/16/2017 DENYING #58 Ex Part Application to Stay Depositions. (Michel, G.) Modified on 6/16/2017 (Shaddox-Waldrop, A).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15

No. 2:14-cv-0577-TLN-KJN

Plaintiff,
v.

ORDER

ABOLGHASSEM ALIZADEH, et al.,
Defendant.

16
17

On June 15, 2017, defendants Abe and Mike Alizadeh filed an ex parte application to stay

18

depositions. (ECF No. 58.) On May 19, 2017, this court ordered Abe and Mike to appear for

19

their depositions in Sacramento, California on June 21, 2017 and June 22, 2017. (ECF No. 56.)

20

This order was made in response to plaintiff’s motion for discovery sanctions. (ECF No. 39.)

21

Prior to the court’s May 19 order, defendants maintained that the depositions of Abe and Mike

22

could be taken. (See ECF No. 56 at 3.)

23

Presently, defendants argue that these depositions should be stayed until the completion of

24

related criminal matters, because both defendants anticipate asserting their 5th Amendment rights

25

during the depositions. (ECF No. 58 at 2.) In the court’s May 19, 2017 order, defendants were

26

cautioned that “in the absence of a properly documented medical emergency or prescheduled,

27

nonrefundable travel, the court is unlikely to grant relief” from the scheduled depositions. (ECF

28

No. 56 at 4.) Moreover, the court’s prior order in no way prevents defendants from asserting their
1

1

5th Amendment rights.

2

Accordingly, IT IS HEREBY ORDERED that:

3

1. Defendants’ ex parte application to stay depositions is DENIED.

4

IT IS SO ORDERED.

5

Dated: 06/16/17

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2