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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM-BULLOCK III STEWART,

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Appellant,
v.

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For the Northern District of California

United States District Court

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No. C-11-3386 EMC
and No. C-11-3898 EMC
(Consolidated Cases)

JOHN G. STUMPF,

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Appellee.
___________________________________/

ORDER RE REQUEST FOR
DISCLOSURE OF ALL BIAS AND
CONFLICT OF INTEREST

DANTE DE TORRES,

(Docket No. 12)

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Appellant,
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v.
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JOHN G. STUMPF,
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Appellee
___________________________________/

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Currently pending before the Court are Appellants William-Bullock III Stewart and Dante De

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Torres’s request for disclosure of bias and conflict of interest. In their request, Appellants ask the

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undersigned to disclose all financial and other conflicts of interest prior to proceeding with their cases,

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including but not limited to whether the undersigned or a member of his family has a relationship with

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certain third parties.1

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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

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recusal pursuant to 28 U.S.C. § 144. The Court has already held in Beaujayam v. Stumpf, No. C-11-

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3479 (Docket No. 11) (order), that the undersigned has no financial or other conflict of interest with

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respect to many of the third parties identified by Appellants here (e.g., Appellee John G. Stumpf, Wells

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Fargo, Bankruptcy Judge Roger L. Efremsky). To the extent Appellants have now identified additional

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third parties (the state of California, any county or municipality in California, the state of Delaware,

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Wachovia, World Savings, Golden West Financial, Cal-Western Reconveyance), the Court concludes

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here that there still are no circumstances warranting disqualification. The undersigned has no financial

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interest in the subject matter or parties to the proceedings within the meaning of 28 U.S.C. § 455.

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Accordingly, to the extent Appellants asks the undersigned to recuse himself, the request is DENIED.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: October 6, 2011

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EDWARD M. CHEN
United States District Judge

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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”).

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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No. C-11-3386 EMC
and No. C-11-3898 EMC
(Consolidated Cases)

WILLIAM-BULLOCK III STEWART,
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Appellant,
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v.

CERTIFICATE OF SERVICE

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JOHN G. STUMPF,
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Appellee.
___________________________________/

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DANTE DE TORRES,

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For the Northern District of California

United States District Court

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Appellant,
v.

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JOHN G. STUMPF,

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Appellee
___________________________________/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.

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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.

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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

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Dante De Torres
P.O. Box 641641
San Jose, CA 95164

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Judge Roger L. Efremsky
U.S. Bankruptcy Court
280 South First Street
Room 3035
San Jose, CA 95113

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Dated: October 6, 2011

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Richard W. Wieking, Clerk
By: Betty Lee, Deputy Clerk

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For the Northern District of California

United States District Court

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