Brister v. BP Exploration & Production, Inc. et al

Filing 43

ORDER AND REASONS: denying 42 Motion to disqualify, as stated herein. Signed by Judge Barry W Ashe on 07/14/2022. (am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DARRELL BRISTER

CIVIL ACTION

VERSUS

NO. 17-3510

BP EXPLORATION & PRODUCTION
INC., et al.

SECTION M (5)

ORDER & REASONS
Before the Court is a motion by plaintiff Darrell Brister to disqualify the undersigned from
these proceedings.1 The same motion has been filed and fully briefed in seven other B3 cases.
Having considered the parties’ memoranda, the record, and the applicable law, the Court denies
the motion for the reasons articulated at length in the Order & Reasons issued in Carpenter v. BP
Exploration & Production Inc., No. 17-3645, R. Doc. 63 (E.D. La. July 14, 2022), because there
is no actual conflict of interest or appearance of impropriety, and the motion was untimely filed.
A judge has an affirmative duty not to disqualify himself or herself unnecessarily, and because
Brister raises no compelling or persuasive grounds for disqualification here, it is unnecessary and,
indeed, would be improper for the undersigned to do so.
Accordingly,
IT IS ORDERED that Brister’s motion to disqualify (R. Doc. 42) is DENIED.
New Orleans, Louisiana, this 14th day of July, 2022.
________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

1

R. Doc. 42.