Free Letter - District Court of Delaware - Delaware

lmlll.I..|..|.|.|..Gbsle.l1:04-cv-01238-JJF Document 20-2 Filed O3/O9/2005 Page10f1
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LEARY ENTERPRISES, INC., I EQ:
Plaintiff, i
v. ; Civil Action No. 04—l238 JJF
THE TRAVELERS INDEMNITY COMPANY,
Defendant. E
MEMORANDUM ORDER
Pending before me is a Motion To Stay (D.I. ll} filed by
Plaintiff Leary Enterprises, Inc. ("Leary”) . Defendant Travelers
Indemnity Company opposes the motion.
A decision of whether or not to stay an action is committed to
the discretion of the Court. The circumstances of this case lead me
to conclude that a stay is warranted based on the pending criminal
matter filed by the U.S. Government, which involves the same fire at
Plaintiff’s business, the Yankee restaurant.
Critical to my decision is that the two individuals affiliated
with Plaintiff be permitted to exercise their Fifth Amendment right
against self-incrimination as part of their defense to the pending
criminal charges. The criminal trial is scheduled to commence on
April 4, 2005. Once the trial is complete, Defendant may seek
relief from the stay.
NOW THEREFORE, IT IS HEREBY ORDERED that Plaintiff’s Motion To
Stay {D.I. ll) is GRANTED.
February Dj, 2005 nih}, ` , ik
DATE UN D S AT DISTRICT
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