County of Monmouth, New Jersey v. Florida Cancer Specialists, P.L. et al

Filing 19

ORDER. The Honorable Sheri Polster Chappell is RECUSED from the above-captioned case. The Clerk of the Court is directed to REASSIGN the case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/6/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
COUNTY OF MONMOUTH, NEW
JERSEY, on behalf of itself and all
others similarly situated
Plaintiff,
v.

Case No: 2:18-cv-201-FtM-38MRM

FLORIDA CANCER SPECIALISTS,
P.L., 21ST CENTURY ONCOLOGY,
LLC, WILLIAM N. HARWIN and
DANIEL DOSORETZ,
Defendants.
/
ORDER1
This matter comes before the Court on Defendants’ Notice of Related Action.
(Doc. 16). Defendants advise that Plaintiff’s Complaint cites and incorporates the same
allegations as those in the related case of United States of America, ex. rel. Sharon Dill
v. Florida Cancer Specialist, No. 16-cv-87, from which the Undersigned recused. (Id.).
A federal judge must “disqualify [her]self in any proceeding in which [her]
impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). Any doubt “must be
resolved in favor of recusal.” Id. The purpose of § 455 is “to promote confidence in the
judiciary by avoiding even the appearance of impropriety whenever possible.” Liljeberg
v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988); see also United States v.

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Cerceda, 188 F.3d 1291, 1293 (11th Cir. 1999) (requiring recusal when the objective
circumstances create an appearing of partiality).

Recusal is appropriate when “an

objective, disinterested, lay observer fully informed of the facts underlying the grounds on
which recusal was sought would entertain a significant doubt about the judge’s
impartiality.” Parker v. Connors Steel Co., 855 F.2d 1510, 1524 (11th Cir. 1988). Any
doubts must resolve in favor of the moving party. See Murray v. Scott, 253 F.3d 1308,
1310 (11th Cir. 2001).
Against this legal backdrop, the Undersigned finds a conflict of interest. The
Undersigned recused herself from the related case, United States of America, ex. rel.
Sharon Dill v. Florida Cancer Specialist, No. 16-cv-87, to avoid even the appearance of
partiality because of the Undersigned’s spouse had a connection to the other pending
federal litigation involving Defendant 21st Century Oncology. Because the cases are
related, the Undersigned must also recuse from this case.
Accordingly, it is now
ORDERED:
(1) The Honorable Sheri Polster Chappell is RECUSED from the above-captioned
case.
(2) The Clerk of the Court is directed to REASSIGN the case to another United
States District Judge.
DONE and ORDERED in Fort Myers, Florida this 6th day of April 2018.

Copies: All Parties of Record

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