Lee Memorial Health System v. Blue Cross and Blue Shield of Florida, Inc. et al

Filing 50

ORDER of recusal. The undersigned is RECUSED from the above-captioned case.The Clerk of the Court is DIRECTED to reassign this case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/19/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LEE MEMORIAL HEALTH SYSTEM,
Plaintiff,
v.

Case No: 2:16-cv-901-FtM-38MRM

BLUE CROSS AND BLUE SHIELD
OF FLORIDA, INC., HORIZON
HEALTHCARE SERVICES, INC.,
HORIZON BLUE CROSS BLUE
SHIELD OF NEW JERSEY,
HORIZON BCBSNJ, MERCK
SHARP & DOHME CORP. and NEW
JERSEY CARPENTERS HEALTH
FUND,
Defendants.
/
ORDER1
This matter comes before the Court upon sua sponte review of the file. The
undersigned finds a conflict of interest regarding her spouse’s recent change in
employment that requires her to recuse from this case. See 28 U.S.C. § 455(b)(4)
(requiring judges to disqualify themselves when they know their spouse “has a financial
interest in . . . a party to the proceeding, or any other interest that could be substantially
affected by the outcome of the proceeding”); see also 28 U.S.C. § 455(a) (requiring a

1

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judge to “[her]self in any proceeding in which [her] impartiality might reasonably be
questioned”); Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001) (“[T]he benefit of the
doubt must be resolved in favor of recusal.”).
Accordingly, it is now
ORDERED:
(1) The undersigned is RECUSED from the above-captioned case.
(2) The Clerk of the Court is DIRECTED to reassign this case to another United
States District Judge.
DONE and ORDERED in Fort Myers, Florida this 19th day of April, 2017.

Copies: All Parties of Record

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