Lutin v. BP Exploration & Production, Inc. et al
Filing
61
ORDER AND REASONS: denying 58 Motion to disqualify, as stated herein. Signed by Judge Barry W Ashe on 08/19/2022. (am)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FREDRICK LUTIN
CIVIL ACTION
VERSUS
NO. 17-4419
BP EXPLORATION &
PRODUCTION INC., et al.
SECTION M (4)
ORDER & REASONS
Before the Court is a motion by plaintiff Fredrick Lutin to disqualify the undersigned from
these proceedings.1 The same motion has been filed and fully briefed in many other B3 cases
allotted to this section of court. 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., 2022 WL 2800014 (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 Lutin 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 Lutin’s motion to disqualify (R. Doc. 58) is DENIED.
New Orleans, Louisiana, this 19th day of August, 2022.
________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE
1
R. Doc. 58.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?