Farmers Insurance Exchange v. Starr et al

Filing 7

ORDER of Recusal. The Clerk must reassign this case at random by chip exchange. Signed by Judge D. P. Marshall Jr. on 8/26/2016. (jak) (Additional attachment(s) added on 8/26/2016: # 1 Main Document - Correct) (jak).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION FARMERS INSURANCE EXCHANGE v. PLAINTIFF No. 1:16-cv-90-DPM RANDALL STARR; CONNIE STARR; WILLIAM OLSON and HAYES OLSON, Individually and as Co-Personal Representatives of the Estate of William Olson, deceased; PAIGE HUBBARD, Individually and as Personal Representative of the Estate of Cam don Os born, deceased; LLOYD DAVIS and KIM DAVIS, Individually and as Next Friends of Wilson Davis, a Minor; BRADY GILLMORE and AUDREY GILLMORE, Individually and as Next Friends of Alex Gillmore, a Minor; and RUSTY PAUL and TINA PAUL, Individually and as Next Friends of Regan Paul, a minor DEFENDANTS ORDER 1. One of my former law clerks, Barrett Moore, has appeared as counsel in this case and helpfully inquired about whether I'll be recusing. I'm attaching Barrett's letter. 2. Former clerks are on my recusal list for two years after leaving chambers. That's our Court's general practice. General Order No. 32. Barrett's clerkship ended in 2011. A former clerk should be on my list after the two-year period if our contacts are so regular, and our relationship so close, that my impartiality might reasonably be questioned in a proceeding where the former clerk is lawyering. By that standard, Barrett should be on my recusal list. I'm therefore restoring him today. And I recuse in this case. The Clerk must reassign it at random by chip exchange. So Ordered. D.P. Marshall Jr. United States District Judge -2- BLAIR & STROUD ATTORNEYS AT LAW 500 EAST MAIN •SUITE 201 P.O. BOX 2135 BATESVILLE, ARKANSAS 72503 TELEPHONE (870) 793-8350 H DAVID BLAIR, PLLC ROBERT D STROUD, PLLC MICHELLE C HUFF BARRETT S MOORE TELECOPIER (870) 793-3989 WRITER'S DIRECT E-MAIL August 16, 2016 The Honorable Judge D.P. Marshall Jr. 600 West Capitol Avenue, Room B149 Little Rock, AR 72201 via dpmchambers@ared. uscourts. gov Re: Farmers Insurance Exchange v. Randall Starr, et al. E.D. Arkansas No.1:16-cv-90-DPM Dear Judge Marshall: David Blair and I have entered our appearances in the above-captioned declaratory judgment case. Although my name is not listed on your recusal list, I wanted to make certain its omission was not inadvertent in light of my previous experience clerking in your chambers. With best regards, I am Very truly yours, BLAIR & STROUD BSM/ht CC: Jon Robinson (via email); H. David Blair (via email)

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