Carolina Casualty Insurance Company v. Jones Helsley, PC et al

Filing 99

ORDER OF RECUSAL signed by Magistrate Judge Michael J. Seng on 12/16/2011. (Yu, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CAROLINA CASUALTY
INSURANCE COMPANY,

CASE NO. 1:10-cv-00916-LJO-MJS

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Plaintiff,

ORDER OF RECUSAL

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vs.
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JONES HELSLEY, PC, et al.,
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Defendants.
/

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This matter currently is stayed by Order of this Court issued February 25, 2011,

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adopting the Magistrate Judge’s Findings and Recommendations. (ECF Nos. 74 and 66,

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respectively.) Consistent with the terms of the stay Order, Plaintiff filed a motion for relief from

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the stay on November 4, 2011. (ECF No. 85.) That motion is briefed and awaits a ruling.

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One of the Defendants in the case is the predecessor law firm of a firm recently joined

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by Oliver W. Wanger, former United States District Court Judge of the Eastern District of

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California. The ruling on this motion has the potential to affect at least indirectly that successor

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law firm. As a consequence, a reasonable person with knowledge of all the facts would

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conclude that the impartiality of the undersigned “might reasonably be questioned.” 28 U.S.C.

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§ 455(a).

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Accordingly, the undersigned recuses himself from the case and will take no further

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action on it.

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IT IS SO ORDERED.

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Dated:
ci4d6

December 16, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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