· 5/25/1995
Trustees of the Plumbers & Pipefitters National Pension Fund v. Transworld Mechanical, Inc.
Citations
- 886 F. Supp. 1134
- 1995 U.S. Dist. LEXIS 7265
- 1995 WL 319193
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiffs’ interest in the expeditious resolution of the case and potential prejudice of a stay through loss of evidence “are trumped by defendants’ interests in avoiding the [Fifth Amendment] quandary”
- finding that a stay “may reduce the scope of discovery in the civil case and the evidence gathered during the criminal action can later be used in the civil action”
- explaining that “ ‘stays will generally not be granted before an indictment is issued’ ” because the trial court would essentially have to postpone the case indefinitely, thus burdening its ability to effectively manage and control its docket
- explaining that “ ‘stays will generally not be granted before an indictment is issued’ ” because the trial court would essentially have to postpone the case indefinitely, thus burdening its ability to effectively manage and control its docket
- listing factors and staying case where overlap between civil case and pending criminal case created “quandary of [defendants] choosing between waiving their Fifth Amendment rights or effectively forfeiting the civil case”
- “If there is no overlap, there would be no danger of self-incrimination and accordingly no need for a stay.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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