PROVIDENCE –– U.S. Magistrate Judge David L. Martin yesterday entered an order that clears the way for Jeffrey and Michael Derderian to be questioned under oath by lawyers representing the victims of the Station nightclub fire in the civil cases pending in federal court.

Martin noted in his order that the Derderian brothers, who owned The Station the night of the deadly fire there on Feb. 20, 2003, have said in court filings that they “look forward to appearing for their depositions” and that he assumes they will not invoke their right to refuse to answer all questions posed to them based on self-incrimination grounds. However, he also pointed out that there might be a “conceivable question” that they might refuse to answer based on their Fifth Amendment privilege.

Jeffrey and Michael Derderian both pleaded no contest to 100 counts of involuntary manslaughter –– one for each person who died as a result of the fire at their nightclub. Jeffrey was spared a prison sentence. Michael Derderian was sentenced to a four-year term at the Adult Correctional Institutions but the Parole Board decided to shave a year off that term and he is scheduled to be released in October 2009.

Because of the state criminal charges that were lodged against the Derderians, the federal court had entered a stay barring the victims’ lawyers from trying to question them. The victims’ lawyers moved to lift the stay late last month and Martin did so yesterday.

tbreton@projo.com