Sperber

I. BACKGROUND

On May 31, 2024, Plaintiff Apex Systems (“Apex”), filed an Amended Complaint alleging breach of contract, violations of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), violations of the California Computer Data Access and Fraud Act (Cal. Penal Code § 502), violations of California Penal Code § 496, breach of the duty of loyalty, and unfair business practices under California Business and Professions Code §17200. On July 3, 2024, Kimberly J. Sperber filed her Answer and Counterclaim against Apex. Apex moves to stay the proceedings. In so doing, Apex advises that the United States Department of Justice, Criminal Division, Fraud Section and the United States Attorney’s Office for the Eastern District of Virginia are currently investigating Apex and that the investigation appears to track the allegations in the counterclaim filed by 2 Sperber. Apex argues that a stay is necessary and would prevent prejudice, protect Fifth 3 Amendment rights, conserve judicial resources, and allow the government to complete 4 its criminal investigation, all without harming Sperber. Sperber opposes, asserting that 5 no criminal charges are…