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)

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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 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. 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 2

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