G&K Services Company v. Bill's Super Foods Inc

Filing 140

ORDER, the Court prepared for a March 27, 2012 settlement conference, and thus learned facts and formed opinions and judgments about the merits of this case, accordingly, he must recuse. Therefore, the Court directs the Clerk to randomly reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge J. Thomas Ray on 04/25/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION G&K SERVICES COMPANY VS. PLAINTIFF/COUNTER-DEFENDANT 3:08CV00048 SWW/JTR BILL’S SUPER FOODS, INC.; and BILLY ORR DEFENDANTS/COUNTER-CLAIMANTS ORDER OF RECUSAL On February 9, 2012, United States District Judge Susan Webber Wright referred this case to the Court for a settlement conference. (Docket entry #132). In preparing for the March 27, 2012 settlement conference, the Court reviewed a confidential settlement letter from Plaintiff’s counsel dated March 15, 2012. In this letter, Plaintiff’s counsel discussed the underlying facts of the case, the merits of Plaintiff’s claims, the reasons Defendants’ defenses would fail, and the reasons Defendants’ counterclaims were without merit. The Court then called Plaintiff’s counsel and raised and discussed numerous questions about the underlying facts, Plaintiff’s damages, the merits of Plaintiff’s claims and Defendants’ counterclaims and potential damages. Later that day, counsel for Defendants contacted the Court and indicated that his clients no longer wished to participate in the upcoming settlement conference. Accordingly, the March 27, 2012 settlement conference was cancelled. (Docket entry #134). On April 24, 2012, United States District Judge Susan Webber Wright rescheduled this case for a jury trial on January 14, 2013. (Docket entry #138). On April 25, 2012, the parties consented to proceeding before a United States Magistrate Judge. (Docket entry #139). As previously discussed, during preparation for the March 27, 2012 settlement conference, the undersigned United States Magistrate Judge learned facts and formed opinions and judgments about the merits of this case. Accordingly, he must now recuse. The Clerk is directed to randomly reassign this case to another United States Magistrate Judge. IT IS SO ORDERED this 25th day of April, 2012. UNITED STATES MAGISTRATE JUDGE 2

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