Rocha v. Bailey et al

Filing 20

Order by Judge Vince Chhabria denying 16 Motion to Disqualify Judge.(vclc3, COURT STAFF) (Filed on 8/28/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

CYNTHIA ROCHA,

Case No. 24-cv-04774-VC

Plaintiff,
ORDER RE MOTION TO
DISQUALIFY JUDGE

v.
TARA K BAILEY, et al.,

Re: Dkt. No. 16

Defendants.

Before the second motion to remand was granted, the defendants filed a motion to
disqualify the undersigned judge. Because the Clerk’s Office did not place the motion on the
docket until several days after it was filed, the undersigned judge did not receive it before issuing
the ruling on the remand motion. Had the undersigned judge received the motion to disqualify
before ruling on the remand motion, the motion to disqualify would have been denied. California
Code of Civil Procedure Section 170.6(a) entitles litigants in state court to disqualify judges
without stating a reason, but this provision does not apply in federal court. For this reason, the
motion to disqualify was legally defective and would not have been referred under the Northern
District of California’s Civil Local Rule 3-14 to another judge for decision. Nor did the
defendants identify any legitimate reason for disqualification in their motion. The motion is
denied.
IT IS SO ORDERED.
Dated: August 28, 2024
______________________________________
VINCE CHHABRIA
United States District Judge