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).

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
[phone]

H DAVID BLAIR, PLLC
ROBERT D STROUD, PLLC
MICHELLE C HUFF
BARRETT S MOORE

TELECOPIER
[phone]

WRITER'S DIRECT E-MAIL
[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)