United States of America et al v. Lee Memorial Health System

Filing 231

ORDERED: The Honorable Sheri Polster Chappell is RECUSED from this action. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division. Signed by Judge Sheri Polster Chappell on 12/6/2022. (AEH)

Case 2:14-cv-00437-SPC-NPM Document 231 Filed 12/06/22 Page 1 of 2 PageID 5067

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
UNITED STATES OF AMERICA
and ANGELA D’ANNA, ex rel,
Plaintiffs,
v.

Case No.: 2:14-cv-437-SPC-NPM

LEE MEMORIAL HEALTH
SYSTEM and CAPE MEMORIAL
HOSPITAL, INC.,
Defendants.
/
ORDER1
Before the Court is a review of the docket. A judge must disqualify if her
“impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). She must
also disqualify in certain situations listed in § 455(b). And all doubts are
“resolved in favor of recusal.” Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir.
2001). Because the Court’s immediate family member now actively uses a
doctor associated with a named Defendant, disqualification may be required.
See 28 U.S.C. § 455(b).

To avoid even the appearance of partiality or

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Case 2:14-cv-00437-SPC-NPM Document 231 Filed 12/06/22 Page 2 of 2 PageID 5068

impropriety, the Court finds she must recuse herself. See Liljeberg v. Health
Servs. Acquisition Corp., 486 U.S. 847, 865 (1988).
Accordingly, it is now
ORDERED:
1. The Honorable Sheri Polster Chappell is RECUSED from this action.
2. The Clerk is DIRECTED to reassign this case to another United
States District Judge in the Fort Myers Division.
DONE and ORDERED in Fort Myers, Florida on December 6, 2022.

Copies: All Parties of Record

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