United States of America et al v. Advanced Biohealing, Inc.

Filing 205

ORDER of recusal. Magistrate Judge Amanda Arnold Sansone recused. The Clerk of Court is directed to randomly reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Amanda Arnold Sansone on 4/23/2019. (DMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No. 8:11-cv-176-T-30AAS

SHIRE REGENERATIVE MEDICINE, INC.,
Defendant.
_____________________________________________/
ORDER OF RECUSAL
This order follows the undersigned serving as mediator during two recent
settlement conferences. Under 28 U.S.C. Section 455(a), a judge must disqualify
herself in any proceeding in which her impartiality might reasonably be questioned.
When the proper grounds exist, a judge has an affirmative and self-enforcing
obligation to recuse herself sua sponte with any doubts to be resolved in favor of
disqualification. United States v. Kelly, 888 F.2d 732, 744 (11th Cir. 1989).
Considering the knowledge the undersigned obtained during settlement
discussions as it relates to the only issue remaining to be litigated in this case , the
undersigned’s impartiality may be reasonably questioned in this case. It is therefore
appropriate to recuse myself in this case. However, I need not recuse in the other five

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related cases1 because the only issue remaining to be litigated in this case is not
present in those cases and all outstanding issues have been resolved in those cases.
The Clerk of Court is DIRECTED to randomly reassign this case to another
United States Magistrate Judge. The undersigned will remain as the magistrate
judge on the other related five cases, listed in footnote 1.
ORDERED in Tampa, Florida, on April 23, 2019.

Medolla ex rel. United States v. Advanced Biohealing, Inc., 8:12-CV-575-T-30AAS;
Petty ex rel. United States v. Shire Regenerative Medicine, Inc., 8:14-CV-969-T30AAS; Montecalvo ex rel. United States v. Shire Regenerative, Inc., 8:16-CV-268-T30AAS; Harvey ex rel. United States v. Advanced Biohealing, Inc.; 8:16-CV-303-T30AAS; United States v. Advanced Biohealing, Inc., 8:14-CV-1055-T-30-AAS.
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