Sidari v. Orleans County

180 F.R.D. 226, 1997 U.S. Dist. LEXIS 22817, 1997 WL 915818
CourtDistrict Court, W.D. New York
DecidedMay 5, 1997
DocketNo. 95-250A
StatusPublished
Cited by8 cases

This text of 180 F.R.D. 226 (Sidari v. Orleans County) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sidari v. Orleans County, 180 F.R.D. 226, 1997 U.S. Dist. LEXIS 22817, 1997 WL 915818 (W.D.N.Y. 1997).

Opinion

Memorandum & Order

SCOTT, United States Magistrate Judge.

This matter has been referred to this Court pursuant to 28 U.S.C. 636(b)(1)(A) and (B) by Order dated March 18,1996.

Before the Court are the following motions:

1. Plaintiffs’ motion to compel (Docket Item No. 140)

2. Plaintiffs’ motion to shorten defendants’ time to respond to May 28, 1996 document request (Docket Item No. 141)

3. Plaintiffs’ motion to shorten defendants’ time to respond to June 3, 1996 document request (Docket Item No. 143)

4. Plaintiffs’ motion to shorten defendants’ time to respond to June 14,1996 document request (Docket Item No. 144)

5. Plaintiffs’ motion to shorten defendants’ time to respond to June 17, 1996 document request (Docket Item No. 145)

6. Plaintiffs’ motion to extend discovery and to refer defense counsel’s conduct to Grievance Committee (Docket Item No. 147)

[228]*2287. Defendants’ motion to stay the proceedings (Docket Item No. 150)

8. Plaintiffs’ motion to compel discovery; extend time for discovery; refer defense counsel’s conduct to Fourth Department Grievance Committee; and condition any stay on defendants paying plaintiff (Docket Item No. 157)1

Background

Plaintiff, Paul L. Sidari,2 is a white male Catholic of Italian ancestry who is employed as a corrections officer by Orleans County Sheriffs Department. Although not filed as a class action complaint, plaintiff purports to seek relief on behalf of himself “and other persons similarly situated” for the alleged violation of his (and presumably, them) civil rights.3 Plaintiffs’ Amended Complaint sets forth wide ranging allegations alleging discrimination based on race, sex, national origin, and religion.

In addition to money damages, plaintiffs’ amended complaint sought injunctive relief restraining the defendants from “(1) maintaining a policy, practice, custom of discriminating against plaintiff and other persons similarly situated because of national origin, religion, race and/or retaliation for complaining of discrimination/retaliation or (2) abusing inmates because of their race and national origin.” (See Amended Complaint at K13.) As it relates to himself, plaintiffs Amended Complaint alleges that he was discriminated against because of his Italian ancestry (Amended Complaint H1f 27-30, 48, 54, 56, 57, 59, and 81). The sole allegation which appears to relate to plaintiffs religious discrimination claim is a statement by defendant Dingman to the effect that “We don’t let Dagos and Catholics in the Masons; you’ll have to go to the Knights of Columbus.” (Amended Complaint 1129). Plaintiffs’ allegations of racial discrimination relate to the alleged abuse of inmates. On August 26, 1996, the District Court adopted this Court’s April 29, 1996 Order striking plaintiffs’ allegations relating to the abuse of inmates and racial discrimination.

Discussion

Motion to Stay Civil Proceedings

On January 4,1996, defendant John Walsh was indicted by the Grand Jury for allegedly assaulting Norvin Fowlks while Fowlks was an inmate at the Orleans County Jail. The allegations in the Indictment are similar to, if not based upon, the allegations set forth in Sidari’s civil complaint in the instant matter. At the last appearance before this Court, counsel for the defendants advised the Court that the investigation into civil rights violations at the Orleans County Jail is continuing and that defendants Walsh and Dingman continue to be targets of that investigation. Defendants Green and Metz have also represented that they have been advised that they may be the subject of the criminal investigation. (See Affidavit of Brian J. Bergevin dated August 16,1996 at K 3.)

Thus, the defendants seek to have this civil action stayed pending resolution of the criminal proceedings.

It is well-settled that a court has the discretionary authority to stay a case if the interests of justice so require. See United States v. Kordel, 397 U.S. 1, 12 n. 27, 90 S.Ct. 763, 770 n. 27, 25 L.Ed.2d 1 (1970); Kashi v. Gratsos, 790 F.2d 1050, 1057 (2d Cir.1986) (citing SEC v. Dresser Industries, 628 F.2d 1368,1375 (D.C.Cir.) (en banc), cert. denied, 449 U.S. 993, 101 S.Ct. 529, 66 L.Ed.2d 289 (1980)) (holding that although “the Constitution ... does not .ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings ... a court [229]*229may decide in its discretion to stay civil proceedings”); Volmar Distributors, Inc. v. The New York Post Co., Inc., 152 F.R.D. 36, 39 (S.D.N.Y.1993). Courts are afforded this discretion because the denial of a stay could impair a party’s Fifth Amendment privilege against self-incrimination, extend criminal discovery beyond the limits set forth in Federal Rule of Criminal Procedure 16(b), expose the defense’s theory to the prosecution in advance of trial, or otherwise prejudice the criminal ease. See In re Par Pharmaceutical, Inc., 133 F.R.D. 12, 13 (S.D.N.Y.1990) (citing Dresser, 628 F.2d at 1376); Brock v. Tolkow, 109 F.R.D. 116, 119 (E.D.N.Y.1985). A stay of the civil case, however, is an extraordinary remedy. In re Par Pharmaceutical, 133 F.R.D. at 13.

There are numerous factors that should be considered in determining whether a stay is warranted, including: 1) the extent to which the issues in the criminal case overlap with those presented in the civil case; 2) the status of the case, including whether the defendants have been indicted; 3) the private interests of the plaintiffs in proceeding expeditiously weighed against the prejudice to plaintiffs caused by the delay; 4) the private interests of and burden on the defendants; 5) the interests of the courts; and 6) the public interest.4

Overlap of Issues

Defendants contend that the “commonality of issues arises out of the fact that the setting for the civil and criminal proceedings are the same, namely, the Correctional Division of the Orleans County Sheriffs Department.” Defendants further argue that the criminal investigation of which defendants Walsh and Dingman are targets is very broad, “encompassing unknown violations of the civil rights of unknown persons who were at the Orleans County Jail during an undisclosed period of time.” Thus, defendants argue, “because of the broad nature of the criminal investigation ... a response to even what may appear to be an innocuous question may necessitate the exercise of the Fifth Amendment privilege.”

Plaintiff does not argue that there is no overlap between the issues in this civil matter and the issues which are the subject of the criminal investigation involving Walsh and Dingman. Instead, plaintiffs assert that defendants’ interests in not being forced to choose between asserting their Fifth Amendment rights or defending the civil action are insufficient to warrant a stay.

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Cite This Page — Counsel Stack

Bluebook (online)
180 F.R.D. 226, 1997 U.S. Dist. LEXIS 22817, 1997 WL 915818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidari-v-orleans-county-nywd-1997.