Freeman et al v. Costa et al

Filing 155

ORDER denying 1543 Defendant Gregory Costa, PA-C's Request for Limited Referral of Motion for Attorneys' Fees and Costs Pursuant to 28 U.S.C. § 1927 to Hon. John L. Kane. By Judge Philip A. Brimmer on 12/17/12.(mnfsl, ) Modified on 12/17/2012 to correct linkage(mnfsl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-00644-PAB-MJW
SHANNON FREEMAN, Personal Representative of B.H., a child, and
STEPHANIE HANNA, as representative of the Estate of Robert Hanna, deceased,
Plaintiffs,
v.
GREGORY COSTA, PA-C,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on Defendant Gregory Costa, PA-C’s
Request for Limited Referral of Motion for Attorneys’ Fees and Costs Pursuant to 28
U.S.C. § 1927 to Hon. John L. Kane [Docket No. 153]. The basis of the motion is that
Judge Kane, having presided over this case until a mistrial was declared during the trial
that started on October 29, 2012, would be most familiar with the issues involving
defendant’s request for attorneys’ fees and costs [Docket No. 154]. Plaintiffs oppose
this request.
The same day Judge Kane declared a mistrial, he issued an order recusing
himself. His order states that his “objectively is compromised.” Not only is there a
presumption that the grounds for Judge Kane’s recusal would similarly prevent him from
deciding the attorneys’ fee motion, but defendant does not identify any precedent for
referral of a piece of a case, as opposed to an entire case, to another Article III judge,
whether under the Local Rules or generally. Wherefore, it is

ORDERED that Defendant Gregory Costa, PA-C’s Request for Limited Referral
of Motion for Attorneys’ Fees and Costs Pursuant to 28 U.S.C. § 1927 to Hon. John L.
Kane [Docket No. 153] is denied.

DATED December 17, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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