Pierce et al v. Cantil-Sakauye et al

Filing 41

ORDER DENYING DEMAND RE LOCAL RULE 3-15. Signed by Judge Jeffrey S. White on 7/18/13. (jjoS, COURT STAFF) (Filed on 7/18/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONALD PIERCE, et al.,

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No. C 13-01295 JSW

Plaintiffs,

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For the Northern District of California

United States District Court

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v.

ORDER DENYING DEMAND RE
LOCAL RULE 3-15

CALIF CHIEF JUSTICE CANTILSAKAUYE, et al.,

(Docket No. 38.)

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Defendants.
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On July 12, 2013, Plaintiffs filed a demand that this Court comply with Northern

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District Civil Local Rule 3-15 and refer their motions to disqualify to another judge for

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determination. Northern District Civil Local Rule 3-15 provides that “[w]henever an affidavit

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of bias or prejudice directed at a Judge of this Court is filed pursuant to 28 U.S.C. § 144, and

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the Judge has determined not to recuse him or herself and found that the affidavit is neither

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legally insufficient nor interposed for delay, the Judge shall refer the request for disqualification

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to the Clerk for random assignment to another Judge.”
Plaintiffs are correct that the Local Rule uses the term “shall.” However, Plaintiffs

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ignore the preceding clause which requires a finding that an affidavit is “neither legally

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insufficient nor interposed for delay.” Thus, referral is mandatory only when the Court

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determines not to recuse itself and a party’s affidavit is legally sufficient and is not interposed

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for delay.

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//

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However, this Court has twice determined that Plaintiffs’ affidavits are legally
insufficient. For that reason, the Court DENIES Plaintiffs’ most recent demand.
The parties shall appear on July 26, 2013 at 9:00 a.m. for the hearing on the pending
motions.
IT IS SO ORDERED.
Dated: July 18, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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