Ciampi v City of Palo Alto, et al

Filing 53

ORDER DENYING REQUEST FOR DISQUALIFICATION, MOTION FOR NEW JUDGE, AND MOTION TO VACATE CASE SCHEDULE re 47 , 50 . Case Management Statement due by 10/13/2010. Case Management Conference set for 10/20/2010 02:00 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 9/13/2010. (Attachments: # 1 Declaration of Lucy H. Koh, # 2 Transcript of Case Management Conference)(lhklc1, COURT STAFF) (Filed on 9/13/2010)

Ciampi v City of Palo Alto, et al

Doc. 53 Att. 1

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Case No.: 09-CV-02655-LHK DECLARATION OF JUDGE LUCY H. KOH
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOSEPH CIAMPI, ) ) Plaintiff, ) v. ) ) CITY OF PALO ALTO, a government entity; ) LYNNE JOHNSON, an individual; CHIEF ) DENNIS BURNS, an individual; OFFICER ) KELLY BURGER, an individual; OFFICER ) MANUEL TEMORES, an individual; OFFICER ) APRIL WAGNER, an individual; AGENT DAN ) RYAN; SERGEANT NATASHA POWERS, ) individual, ) ) Defendants. ) ) I, Lucy H. Koh, hereby declare as follows: 1. I am the judge assigned to this case. I make the following declaration to address Case No.: 10-CV-02655-LHK DECLARATION OF JUDGE LUCY H. KOH

certain allegations of facts contained in Plaintiff's Letter in Brief and Declaration Requesting Judge Disqualification filed on August 27, 2010, and Declaration of Plaintiff in Support of Plaintiff's Motion for Order for New Judge and to Vacate and Reset Case Deadlines and Schedule filed on September 2, 2010.

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2.

I first met Mr. Michael Gennaco when I joined the U.S. Attorney's Office in the

Central District of California in 1997. I have not seen or communicated with Mr. Gennaco since I left the U.S. Attorney's Office in 2000. 3. From 1997 through 2000 when I overlapped with Mr. Gennaco in the U.S.

Attorney's Office, Mr. Gennaco and I did not work in the same section of the U.S. Attorney's Office, did not work on any case together, and did not socialize together. 4. Mr. Gennaco's participation in this case will not affect my ability to be fair and

impartial in this case. 5. Plaintiff's other allegations regarding bias and prejudice are false.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 13th day of September, 2010, in San Jose, California.

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 09-CV-02655-LHK DECLARATION OF JUDGE LUCY H. KOH