Thomas et al v. Tampa Bay Rays Baseball LTD

Filing 72

ORDER of recusal. Magistrate Judge Anthony E. Porcelli recused. The Clerk is hereby directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 8/1/2019. (JMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

IN RE TAMPA BAY RAYS BASEBALL
LTD. TCPA LITIGATION
/

Case No. 8:18-cv-1187-T-60AEP

ORDER
This cause came before the Court for a hearing to address my recusal in this case. Under
28 U.S.C. § 455, a judge should disqualify himself or herself if a person might reasonably
question his or her impartiality. See 28 U.S.C. § 455(a). The disqualification standard requires
the reviewing court to determine whether 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. Jenkins v. Anton, 922 F.3d 1257, 1271 (11th
Cir. 2019) (quotation and citations omitted).
In this instance, I find it appropriate to recuse myself from these proceedings, as my
impartiality might reasonably be questioned. As previously discussed with the parties more
fully during a July 22, 2019 hearing, the Administrative Office of the U.S. Courts (the “AO”)
advanced a national initiative that centers on court and community involvement in the
observance of Constitution Day and Citizenship Day.

In doing so, the AO planned

naturalization ceremonies as living civics lessons to occur at major and minor league baseball
games during August and September 2019. Given the initiative, the Tampa Bay Rays (the
“Rays” or the “Rays organization”) were contacted about hosting a naturalization ceremony in
observance of Constitution Day and Citizenship Day, with the Rays agreeing to host a
naturalization ceremony at an upcoming home game. During discussions regarding and
preparation for the upcoming naturalization ceremony, I was designated as the lead contact
person for planning and coordinating with the Rays. In that role, I repeatedly communicated

with several members of the Rays organization. Given my involvement with members of the
Rays organization in planning and coordinating the naturalization ceremony, I obtained an
ethics opinion to determine whether recusal in this case was necessary or appropriate. After
reviewing the findings in the ethics opinion, and upon my own consideration, I conclude that
recusal is warranted. Accordingly, the Clerk is hereby directed to reassign this case to another
magistrate judge by random draw and to provide notice to the parties of the newly designated
magistrate judge.
DONE AND ORDERED in Tampa, Florida, on this 1st day of August 2019.

cc: Counsel of Record

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