Edwards v. Alameda-Contra Costa Transit District et al

Filing 125

ORDER RE 123 REQUEST FOR CLARIFICATION. Signed by Judge Vince Chhabria on 3/19/2018. (vclc1S, COURT STAFF) (Filed on 3/19/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

DARION EDWARDS,

Case No. 15-cv-05778-VC

Plaintiff,
ORDER RE REQUEST FOR
CLARIFICATION

v.
ALAMEDA-CONTRA COSTA TRANSIT
DISTRICT, et al.,

Re: Dkt. No. 123

Defendants.

The plaintiff's letter brief, filed on March 16, 2018, seeks clarification on whether the
motion to disqualify should be considered by another judge of this Court. In denying the motion
to disqualify, this Court determined, pursuant to Local Rule 3-14 (which applies to motions filed
on the basis of 28 U.S.C. § 144), that referral of the motion to disqualify to another judge was
not warranted because: (i) given the timing of the motion and the context in which it was brought
(namely, in the context of the dogged and ongoing efforts by counsel for the plaintiff to avoid
going to trial), it is clear that the motion was brought for the purposes of delay, and (ii) counsel's
affidavit was facially insufficient to lead a reasonable person to question whether Edwards will
be able to receive a fair trial (as explained in the Court's previous ruling).
IT IS SO ORDERED.
Dated: March 19, 2018
______________________________________
VINCE CHHABRIA
United States District Judge