United States v. Clark County, Nevada
United States v. Clark County, Nevada
Trial Court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8]| UNITED STATES OF AMERICA, Case No. 2:22-cv-00447-APG-NJK 9 Plaintiff(s), Order v. [Docket No. 38] 11] CLARK COUNTY, NEVADA, et al., 12 Defendant(s). 13 This is a civil tax case involving liens on property at 1412 Sun Copper Drive. See Docket 14] No. 1. The claim of the United States has been resolved. See, e.g., Docket No. 40. A crossclaim 15] remains pending that James Wilson brought against Scott Cantor and Diane Cantor. See Docket 16], No. 31 (denying motion to dismiss); see also Docket Nos. 32-33 (answers to crossclaim). 17 Pending before the Court is Wilson’s motion to stay pending resolution of a criminal state 18} court prosecution of Scott Cantor related to the merits of the crossclaim in this case. Docket No. 19] Federal courts have discretion to stay civil proceedings pending the outcome of other matters, 20] including criminal cases. See Landis v. N. Am. Co.,
299 U.S. 248, 254(1936); see also MGM 21} Grand Hotel v. Long,
2022 WL 1432620, at *1-2 (D. Nev. Apr. 20, 2022) (addressing standards specific to staying a civil case pending the outcome of criminal proceedings). Moreover, there is 23] no opposition to the motion to stay in this case. The failure to file an opposition constitutes a 24] consent to the granting of the motion. Local Rule 7-2(d). 25 26 27 ' That criminal trial is currently set before Judge Eric Johnson for August 28, 2023. See Trigueros v. Adams,
658 F.3d 983, 987(9th Cir. 2011) (federal courts may take judicial notice of 28]| state court records).
1 Accordingly, the motion to stay is GRANTED. Wilson must file a status report regarding 2|| the criminal proceedings on September 15, 2023, and every 90 days thereafter until the stay has 3} been lifted. 4 IT IS SO ORDERED. 5 Dated: June 28, 2023 6 LK Q A Nancy JA KoppeS™ 7 United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown