Judge Ted Stewart – Motion to Stay granted pending resolution of criminal case

2006 U.S. Dist. LEXIS 60636

M.D. DIET WEIGHT LOSS AND NUTRITION CLINIC, L.C., a Utah limited liability company, Plaintiff v. ABSOLUTE WEIGHT LOSS AND NUTRITION CENTER, LLC, a Utah limited liability company; and LESLIE CRANMER, an individual, Defendants; ABSOLUTE WEIGHT LOSS AND NUTRITION CENTER, LLC; LESLIE CRANMER, Counterclaimants and Third-Party Plaintiffs v. M.D. DIET WEIGHT LOSS AND NUTRITION CLINIC, L.C.; KELLI BEHLE, Counterdefendants and Third-Party Defendants

Case No. 2:05-CV-605

Judge Ted Stewart

August 24, 2006

Defendant Behle is charged in the state criminal case with insurance fraud, unlawful distribution of controlled substances to patients, and false representation as a medical practitioner. In the Counterclaim and Third-Party Complaint, Cranmer and Absolute allege that M.D. Diet and Behle “are engaged in the practice of medicine without¬†a license,” and “are engaged in the unlawful practice of providing the services of a physician assistant while not under the supervision of a supervising physician.”

Defendant Behle filed a motion to stay the civil case pending the resolution of the criminal case.

The Court stated: “The decision to stay a case is clearly within the discretionary authority of the Court, if the interests of justice so require. Federal courts have deferred civil proceedings pending the completion of parallel criminal prosecutions when the interests of justice seemed to require such action . . . . Although ‘the Constitution . . . does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings . . . a court may decide in its discretion to stay civil proceedings.'”

Motion to Stay granted.

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