Xavier et al v. Philip Morris USA Inc

Filing 96

ORDER RE DEFENDANT'S REQUEST FOR RECUSAL re 91 MOTION for Recusal filed by Philip Morris USA Inc. Signed by Judge Alsup on April 2, 2011. (whalc1, COURT STAFF) (Filed on 4/2/2011)

Xavier et al v. Philip Morris USA Inc

Doc. 96

1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 BURT XAVIER and JAMES FRANKLIN, individually and on behalf of themselves and all others similarly situated, Plaintiffs, v. PHILIP MORRIS USA INC., a Virginia corporation, Defendant. / On April 1, defendant filed a motion for recusal of the undersigned judge (Dkt. No. 91). Any response from plaintiffs is due at NOON ON APRIL 8, 2011. After that time, the clerk shall refer the motion to another judge for decision. In the interests of full disclosure, the assigned judge's mother died in 1974 from lung cancer caused by smoking. She smoked mainly Salems. The assigned judge mentioned this as a disclosure but is certain it will have no influence on his decisions in this matter. No. C 10-02067 WHA IN THE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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ORDER RE DEFENDANT'S REQUEST FOR RECUSAL

IT IS SO ORDERED.

Dated: April 2, 2011.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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