1

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
MIRCH & MIRCH
KEVIN J. MIRCH, ESQ.
NV Bar No. 000923
MARIE C. MIRCH, ESQ.
NV Bar No. 6747
320 Flint Street
Reno, Nevada 89501
(775) 324-7444
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KEVIN J. MIRCH, ESQ.
Plaintiff,
v. Case No. 3:05-CV-000641-RLH-RAM
BRUCE BEESLEY, ROB BARE,
BRIDGET ROBB PECK,
DONALD CHRISTENSEN, STATE BAR
OF NEVADA, DOES I -X
A-Z Corporations,
Defendant.
___________________________________ /
MOTION FOR STAY OF ACTION INCLUDING PLAINTIFFS
FILING OF OPPOSITION TO MOTION TO
DISMISS (Fed.R.Civ.P. 12 (b)(1)) AND
OPPOSITION TO MOTION TO
DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT
(FIRST REQUEST)
COMES NOW, Plaintiff, KEVIN MIRCH, ESQ., by and through his counsel
of record, MIRCH & MIRCH, MARIE C. MIRCH, ESQ., and moves this Court for
stay of this action, including Plaintiffs filing of his Opposition to Motion to Dismiss
(Fed.R.Civ.P. 12(b)(1)) and Opposition to Motion to Dismiss Plaintiffs First
Amended Complaint. These Oppositions are each due to be filed on September 13,
2006. This is the first request for a stay of this matter, and is made to protect,
Plaintiff, Kevin Mirchs Fifth Amendment Rights due to the fact that he is the subject
Case 3:05-cv-00641-RLH-RAM Document 41 Filed 09/08/06 Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
of a criminal action.
This motion is made and based upon U.S. District Court Local Rule 6-1, and
supported by the accompanying points and authorities, affidavit, exhibits and
pleadings on file herein.
DATED this 8 day of September, 2006
th
MIRCH & MIRCH

By:______/s/__________________
MARIE C. MIRCH, ESQ.
SBN Nev.: 6747
320 Flint Street
Reno, NV 89501
(775) 324-7444
Attorney for Plaintiff
Case 3:05-cv-00641-RLH-RAM Document 41 Filed 09/08/06 Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
POINTS AND AUTHORITIES
Plaintiff is respectfully moving this Court for an Order granting Plaintiff a stay
of the present action, including his filing of Opposition to Motion to Dismiss
(Fed.R.Civ.P. 12(b)(1)) and Opposition to Motion to Dismiss Plaintiffs First
Amended Complaint. These Oppositions are each due to be filed on September 12,
2006. This Court has graciously granted an extension of time to September 12, 2006
to oppose these motions.
However, on August 23, 2006, a criminal complaint was filed against Plaintiff,
Kevin Mirch in the Justice Court of Reno Township in and for the County of Washoe.
See exhibit A attached. In the motions to dismiss, the Defendants discuss many of
the factual allegations presented by Mr. Mirch in his Complaint in this matter. Mr.
Mirch is entitled to consult his criminal attorney, David Houston, as to whether he can
address these allegations, as it is believed that so doing could very well violate Mr.
Mirchs Fifth Amendment right against self-incrimination. The criminal charges
against Mr. Mirch are related to some of the improprieties of which Mr. Complains in
his First Amended Complaint. Therefore, out of an abundance of caution, and to
preserve Mr. Mirchs Constitutional rights, Mr. Mirch respectfully requests a stay of
this matter until the criminal action is resolved.
LEGAL ANALYSIS
Local Rule 6-1 of the U.S. District Court governs and allows necessary
extensions of time as is set forth below:
Local Rule 6-1. Requests for Extension of Time, provides in part:
(a) Every motion or stipulation to extend time shall inform the
court of any previous extensions granted and state the reasons for the
extension requested. A request made after the expiration of the specified
period shall not be granted unless the moving party, attorney, or other
person demonstrates that the failure to act was the result of excusable
neglect. Immediately below the title of such motion or stipulation there
shall also be included a statement indicating whether it is the first,
second, third, etc., requested extension, i.e. . . .
Case 3:05-cv-00641-RLH-RAM Document 41 Filed 09/08/06 Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
(b) The court may set aside any extension obtained in contravention
of this rule.
(c) A stipulation or motion seeking to extend the time to file an
opposition or final reply to a motion, or to extend the time fixed for
hearing a motion, must state in its opening paragraph the filing date of
the motion.
Furthermore, F.R.C.P. 6(b) of the Federal Rules of Civil Procedure allows
necessary enlargements of time as is set forth below:
F.R.C.P 6(b) ENLARGEMENT. When by these rules or by a notice
given thereunder or by order of the court an act is required or allowed to
be done at or within a specified time, the court for cause shown may at
any time in its discretion (1) with or without motion or notice order the
period enlarged if request is therefor made before the expiration of the
period originally prescribed or as extended by a previous order, or (2)
upon motion made after the expiration of the specified period permit the
act to be done where the failure to act was the result of excusable neglect;
but it may not extend the time for taking any action under Rules 50(b)
and (c)(2)52(B), 59(b), (d) and (e), and 60(b), except to the extent and
under the conditions stated in them.
The request made by this motion is an indefinite extension or stay of these proceedings
to protect Mr. Mirchs Fifth Amendment rights.
CONCLUSION
Based upon the foregoing, it is respectfully requested that this Court grant a stay
of this action pending resolution of the criminal matter.
DATED this 8 day of September, 2006.
th
LAW OFFICE OF MIRCH & MIRCH
By:_________/s/________________
MARIE C. MIRCH, ESQ.
NV SBN: 6747
320 Flint Street
Reno, NV 89501
Attorneys for Plaintiff
Case 3:05-cv-00641-RLH-RAM Document 41 Filed 09/08/06 Page 4 of 4
Case 3:05-cv-00641-RLH-RAM Document 41-2 Filed 09/08/06 Page 1 of 5
Case 3:05-cv-00641-RLH-RAM Document 41-2 Filed 09/08/06 Page 2 of 5
Case 3:05-cv-00641-RLH-RAM Document 41-2 Filed 09/08/06 Page 3 of 5
Case 3:05-cv-00641-RLH-RAM Document 41-2 Filed 09/08/06 Page 4 of 5
Case 3:05-cv-00641-RLH-RAM Document 41-2 Filed 09/08/06 Page 5 of 5