Bigge Crane and Rigging Co v. Entergy Operations Inc et al

Filing 86

ORDER staying this case until an issue of recusal is determined. The Judge will recuse unless all parties inform the Clerk in writing by 9 July 2014 that they waive any basis for disqualification arising from the telephone call. Do not inform me or my chambers of your client's decision; please communicate only with the Clerk of Court about this. The Clerk will file something of record after all parties have responded to him. Case stayed until further Order. Signed by Judge D. P. Marshall Jr. on 6/26/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

BIGGE CRANE AND RIGGING CO.

v.

PLAINTIFF

No. 4:14-cv-298-DPM

ENTERGY OPERATIONS INC.;
and ENTERGY ARKANSAS INC.

DEFENDANTS

ORDER
The case is stayed while I consider a recusal issue. I've been reviewing
the filings. They have reminded me that, about a year ago, Charlie
Schlumberger telephoned me about a personal matter and then talked about
this litigation at the end of the call. I don't remember details, but he described
the collapse of some equipment at Nuclear One. He said he had been very
busy representing Entergy in connection with the accident and complicated
litigation in an Arkansas court. I think he mentioned a Nuclear Regulatory
Commission investigation. He didn't say anything about a pending federal
case in Florida. I didn't comment on the litigation. I formed no conclusions
about the facts or the law. And the conversation passed from my mind until
I began reviewing the filings in this case, which was recently transferred here
from the Middle District of Florida. I'm concerned, though, that a reasonable

person, knowing about this call last year, might question my impartiality in
presiding over this related case now. 28 U.S.C. § 455(a). There must not be
any cloud over this Court's rulings.
I will, therefore, recuse unless all parties inform the Clerk in writing by
9 July 2014 that they waive any basis for disqualification arising from the
telephone call. 28 U.S.C. § 455(e). Do not inform me or my chambers of your
client's decision; please communicate only with the Clerk of Court about this.
The Clerk will file something of record after all parties have responded to
him. Case stayed until further Order.
So Ordered.

•
D.P. Marshall Jr.
United States District Judge