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Slagowski v. Central Washington Asphalt

Citations: 291 F.R.D. 563; 2013 WL 3353339; 2013 U.S. Dist. LEXIS 94037Docket: No. 2:11-cv-00142-MMD-VCF

Court: District Court, D. Nevada; July 2, 2013; Federal District Court

Narrative Opinion Summary

In this case, multiple defendants sought to stay civil proceedings due to potential criminal implications arising from a traffic accident resulting in fatalities and injuries. The defendants, facing a civil suit alleging negligence, argued that ongoing criminal investigations could compromise their Fifth Amendment rights against self-incrimination if depositions were to proceed. Despite these concerns, the court denied the motion to stay, allowing depositions to occur with the stipulation that defendants could invoke the Fifth Amendment on a question-by-question basis. The procedural history includes various motions for sanctions and protective orders, opposition to the stay, and disputes over deposition scheduling. The court balanced the defendants' constitutional rights with the plaintiffs' interest in timely litigation, ultimately deciding against a stay as there was no immediate threat of criminal prosecution. The court also addressed motions for sanctions related to deposition no-shows but held both parties responsible for the costs incurred. This decision underscores the complexity of managing parallel civil and potential criminal proceedings while protecting constitutional rights and ensuring efficient judicial process.

Legal Issues Addressed

Discretionary Denial of Civil Stay Despite Pending Criminal Proceedings

Application: The court exercised discretion to deny a stay, weighing defendants' rights against the need for expeditious civil proceedings, finding no active criminal charges to necessitate a stay.

Reasoning: The court determines that a stay is inappropriate, allowing depositions to proceed where defendants can assert their Fifth Amendment rights on a question-by-question basis.

Fifth Amendment Privilege Against Self-Incrimination

Application: The court recognized defendants' right to invoke Fifth Amendment protections during depositions but did not find sufficient overlap with criminal investigation to justify a complete stay.

Reasoning: The defendants fear that without a stay on depositions and testimonial discovery, they would have to choose between defending the civil case and invoking their Fifth Amendment rights against self-incrimination.

Motion to Stay Civil Proceedings Pending Criminal Investigation

Application: Defendants sought a stay of civil proceedings, arguing potential criminal charges could affect their defense, but the court denied the stay, allowing depositions to proceed with Fifth Amendment protections.

Reasoning: The court denied the defendants' Motion to Stay Civil Proceedings pending anticipated criminal proceedings. It ordered that the individual defendants could be deposed, allowing them to assert their Fifth Amendment privilege on a question-by-question basis.

Sanctions for Non-Compliance with Deposition Notice

Application: Defendants moved for sanctions against a third-party defendant for failing to attend a deposition, but the court did not impose severe sanctions, instead holding both parties accountable for associated costs.

Reasoning: Defendants seek to sanction Mr. Fenton for his non-appearance, potentially by striking his defenses or allowing Central Washington to conduct the deposition as lead counsel.