William-Bullcok III Stewart v. Stumpf

Filing 19

ORDER Denying re 12 REQUEST FOR DISCLOSURE OF ALL BIAS AND CONFLICT OF INTEREST filed by William-Bullcok III Stewart. Signed by Judge Edward M. Chen on 10/6/11. (bpf, COURT STAFF) (Filed on 10/6/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WILLIAM-BULLOCK III STEWART, 9 Appellant, v. 11 For the Northern District of California United States District Court 10 No. C-11-3386 EMC and No. C-11-3898 EMC (Consolidated Cases) JOHN G. STUMPF, 12 Appellee. ___________________________________/ ORDER RE REQUEST FOR DISCLOSURE OF ALL BIAS AND CONFLICT OF INTEREST DANTE DE TORRES, (Docket No. 12) 13 14 Appellant, 15 v. 16 JOHN G. STUMPF, 17 18 Appellee ___________________________________/ 19 20 Currently pending before the Court are Appellants William-Bullock III Stewart and Dante De 21 Torres’s request for disclosure of bias and conflict of interest. In their request, Appellants ask the 22 undersigned to disclose all financial and other conflicts of interest prior to proceeding with their cases, 23 including but not limited to whether the undersigned or a member of his family has a relationship with 24 certain third parties.1 25 26 27 28 1 The Court notes that Mr. Stewart at least has filed a notice of appeal with respect to the Court's order consolidating his and Mr. De Torres’s cases. While a notice of appeal generally divests a district court of jurisdiction, the Court shall still rule on this request for relief because it is a collateral issue to the appeal. See 20-303 Moore’s Fed. Prac.– Civ. § 303.32[2][a][ii] (noting that, upon a notice of appeal, a district court may not take substantive action that “would ‘alter the status of the case as it rests before the circuit court’”); Cf. 7-37 Moore’s Fed. Prac.– Civ. § 37.99 (stating that, “[a]lthough the filing The Court construes Appellants’ request as an affidavit of bias or prejudice and request for 2 recusal pursuant to 28 U.S.C. § 144. The Court has already held in Beaujayam v. Stumpf, No. C-11- 3 3479 (Docket No. 11) (order), that the undersigned has no financial or other conflict of interest with 4 respect to many of the third parties identified by Appellants here (e.g., Appellee John G. Stumpf, Wells 5 Fargo, Bankruptcy Judge Roger L. Efremsky). To the extent Appellants have now identified additional 6 third parties (the state of California, any county or municipality in California, the state of Delaware, 7 Wachovia, World Savings, Golden West Financial, Cal-Western Reconveyance), the Court concludes 8 here that there still are no circumstances warranting disqualification. The undersigned has no financial 9 interest in the subject matter or parties to the proceedings within the meaning of 28 U.S.C. § 455. 10 Accordingly, to the extent Appellants asks the undersigned to recuse himself, the request is DENIED. 11 For the Northern District of California United States District Court 1 12 IT IS SO ORDERED. 13 14 Dated: October 6, 2011 15 EDWARD M. CHEN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 of a notice of appeal generally divests the district court of jurisdiction over issues on appeal, the district court retains jurisdiction over collateral matters such as whether to award attorney’s fees in a Rule 37 motion for sanctions”). 2 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 No. C-11-3386 EMC and No. C-11-3898 EMC (Consolidated Cases) WILLIAM-BULLOCK III STEWART, 4 Appellant, 5 v. CERTIFICATE OF SERVICE 6 JOHN G. STUMPF, 7 8 Appellee. ___________________________________/ 9 DANTE DE TORRES, 11 For the Northern District of California United States District Court 10 Appellant, v. 12 JOHN G. STUMPF, 13 Appellee ___________________________________/ 14 15 16 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 17 18 19 That on October 6, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 20 21 22 23 24 25 USBC Manager-Oakland U.S. Bankruptcy Court 1300 Clay Street, Third Floor Oakland, CA 94612 William-Bullcok III Stewart c/o R.A. Guancione P.O. Box 974974 San Jose, CA 95164 26 27 Dante De Torres P.O. Box 641641 San Jose, CA 95164 28 3 1 3 Judge Roger L. Efremsky U.S. Bankruptcy Court 280 South First Street Room 3035 San Jose, CA 95113 4 Dated: October 6, 2011 2 5 Richard W. Wieking, Clerk By: Betty Lee, Deputy Clerk 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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