abby
03-02-2010, 02:06 AM
Motion to Stay Case (03-01-2010)
Motion to Stay Case (03-01-2010)
It is clear that Plaintiff is attempting to punish Defendant for asserting his 5th Amendment rights. Should the Court not grant the relief requested herein, Plaintiff will succeed in forcing Defendant into a default, because Defendant cannot testify in an effort to defend himself in this matter. Defendant Bagdasaryan cannot testify in the civil proceeding while there is an ongoing criminal investigation regarding the same events an effort to protect his Fifth Amendment Rights. He cannot produce documents in defense of this civil matter, without prejudicing himself in the ongoing criminal investigation.
He is essentially boxed-in by the risks of damaging her criminal matter. Bagdasaryan, therefore will not be available to testify or defend herself until after the conclusion of ongoing criminal investigation. In order to prevent a complete default or summary judgment against Defendant Bagdasaryan, (who has thus far attempted to do his best to balance the importance of this civil case in light the potential detriment) this Court should grant the relief requested.
WHEREFORE, in light of the foregoing, Defendant Bagdasaryan respectfully requests that the Court stay this civil action, including all pending matters and all discovery pending expiration of the criminal statute of limitations.
Dated: March 1, 2010
C/P
Motion to Stay Case (03-01-2010)
It is clear that Plaintiff is attempting to punish Defendant for asserting his 5th Amendment rights. Should the Court not grant the relief requested herein, Plaintiff will succeed in forcing Defendant into a default, because Defendant cannot testify in an effort to defend himself in this matter. Defendant Bagdasaryan cannot testify in the civil proceeding while there is an ongoing criminal investigation regarding the same events an effort to protect his Fifth Amendment Rights. He cannot produce documents in defense of this civil matter, without prejudicing himself in the ongoing criminal investigation.
He is essentially boxed-in by the risks of damaging her criminal matter. Bagdasaryan, therefore will not be available to testify or defend herself until after the conclusion of ongoing criminal investigation. In order to prevent a complete default or summary judgment against Defendant Bagdasaryan, (who has thus far attempted to do his best to balance the importance of this civil case in light the potential detriment) this Court should grant the relief requested.
WHEREFORE, in light of the foregoing, Defendant Bagdasaryan respectfully requests that the Court stay this civil action, including all pending matters and all discovery pending expiration of the criminal statute of limitations.
Dated: March 1, 2010
C/P