Rennick et al v. Equifax Information Services, LLC

Filing 72

ORDER of recusal after mediation conference. Signed by Magistrate Judge Amanda Arnold Sansone on 11/14/2018. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MICHELE MALVERTY, individually,
and as successor in interest for
JAMES C. RENNICK SR.,
Plaintiff,
v.

Case No.: 8:17-cv-1617-T-27AAS

EQUIFAX INFORMATION SERVICES
LLC and EXPERIAN INFORMATION
SOLUTIONS, INC.,
Defendants.
______________________________________/
ORDER
The undersigned oversaw a mediation conference in this action. The parties
reached a settlement as to Experian Information Solutions, Inc., and reached an
impasse as to Equifax Information Services, LLC.
Under 28 U.S.C. § 455, a judge shall disqualify herself in any proceeding in
which her impartiality might reasonably be questioned and where the judge has
personal knowledge of disputed evidentiary facts concerning the proceeding.

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U.S.C. § 455(a), (b)(1). When the proper grounds exists, a judge has an affirmative
and self-enforcing obligation to recuse herself sua sponte. United States v. Kelly, 888
F.2d 732, 744 (11th Cir. 1989). During the mediation conference, the undersigned
became privy to disputed evidentiary facts and other confidential information, thus
warranting recusal. 28 U.S.C. § 455(b)(1). Based on the foregoing,
(1)

The Clerk is directed to reassign this case to another magistrate judge

by random draw and provide notice to the parties of the newly designated magistrate
judge, and
(2)

The Clerk is directed to mail a copy of this order to Children’s Home

Society of Florida’s at 482 South Keller Road, Orlando, Florida 32810. All deadlines
remain in effect, including Children’s Home Society of Florida’s show cause deadline.
(See Doc. 69).
ORDERED in Tampa, Florida on November 14, 2018.

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