Unopposed Motion for Stay . Filed by Edwin Diaz. (Gemellaro, John)

Respectfully submitted, McGRAW MORRIS MASUD P.C. /s/JOHN T. GEMELLARO G. GUS MORRIS (P32960) JOHN T. GEMELLARO (P74141) Attorneys for Defendant Diaz 2075 W. Big Beaver Road, Ste. 750 Troy, MI 48084 (248) 502-4000 [email protected] [email protected]

Dated: June 15, 2026 Page | 1 of Def. Diaz’s Brief in Support of Motion to Stay Proceedings

Plaintiff Mariah Decker filed the Second Amended Complaint on April 24, 2026, asserting claims under 42 U.S.C § 1983 and Oregon tort law against Defendants Edwin Diaz and Multnomah County. The claims arise out of the alleged sexual abuse of Plaintiff while she was in custody at Multnomah County Detention Center March through September 2024. (ECF No. 13).

Mr. Diaz requested time to respond to the complaint, and Plaintiff agreed to have a responsive pleading to the Second Amended Complaint to June 28, 2026. (ECF No. 24). This unopposed motion follows.

In the companion criminal case, the 25-count indictment was issued on June 18, 2025, and is scheduled for trial on December 7, 2026.

This case arises out of allegations of sexual abuse that occurred from March to September 2024 while Plaintiff was incarcerated at Multnomah County Detention Center. At all times relevant to the allegations, Mr. Diaz was serving as a corrections deputy for the Multnomah County Sheriff’s Office working in the Multnomah County Detention Center. Notably, Counts 23 – 25 of the criminal complaint allege that Mr. Diaz was a Multnomah County Sheriff’s Deputy, and failed to “perform a duty clearly inherent in the nature of his office.”

The events giving rise to Plaintiff’s claims are the same as those at issue in the criminal prosecution against Mr. Diaz in State of Oregon v. Edwin Diaz, No. 25CR34120.

Because the allegations within the civil complaint overlap with the allegations of the criminal case, it is necessary to stay the civil proceedings. Page | 2 of Def. Diaz’s Brief in Support of Motion to Stay Proceedings

I. The Court has the authority to issue a stay, and a stay is appropriate when considering the

necessary factors

Pursuant to Ninth Circuit precedent, this Court has broad discretion to manage its docket including the authority to stay proceedings pending resolution of related actions in other courts. Dietz v. Bouldin, 579 U.S. 40, 47 (2016). A “trial court possesses the inherent power to control its own docket” and may “find it efficient for its own docket and the fairest course for the parties to enter a stay of an action before it.” Mediterranean Enters., Inc. v. Ssangyong Corp., 708 F.2d 1458, 1465 (9th Cir. 1983) (quoting Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, 863 (9th Cir. 1979)). Such a decision is overturned only when the court has abused its discretion. Id.

Courts generally consider and balance certain factors when determining whether a stay of civil proceedings is appropriate if a given case including the extent the defendant’s Fifth Amendment rights are implicated. Keating v. Office of Thirft Supervision, 45 F.3d 322, 324-25 (9th Cir. 1995). Courts further consider:

(1) the interest of the plaintiffs in proceeding expeditiously with this litigation or any particular aspect of it, and the potential prejudice to plaintiffs of a delay; (2) the burden which any particular aspect of the proceedings may impose on defendants; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigation. id. With those factors in mind, courts within this circuit have found it to be “common practice” to stay civil proceeding pending the criminal case has ended. Martin v. Gutierrez, 22-CV-00600, 2023 WL 3324789, at *2 (ED Cal Apr 10, 2023) citing Wallace v. Kato, 549 U.S. 384, 393-94 (2007); see also Fed. Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir. 1989).

As detailed below, and upon application of the above factors, a stay is appropriate.