United States of America, ex rel. Cameron Jehl v. GGNSC Southaven LLC et al

Filing 314

ORDER OF RECUSAL. District Judge Michael P. Mills recused. Case reassigned to Senior Judge Neal B. Biggers for all further proceedings. Signed by District Judge Michael P. Mills on 8/12/21. (jla)

Case: 3:19-cv-00091-NBB-JMV Doc #: 314 Filed: 08/12/21 1 of 2 PageID #: 4420

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
UNITED STATES OF AMERICA,
ex rel. CAMERON JEHL
VS.

PLAINTIFF
CIVIL ACTION: 3:19-CV-00091-MPM-JMV

GGNSC SOUTHAVEN, LLC et al.

DEFENDANTS

ORDER OF RECUSAL
During the course of this litigation, this court has had the pleasure of participating with a
group of literary-minded Mississippians devoted to promoting and enjoying the culture of this
state. Counsel for plaintiff Mr. Luckett, by force of personality, has emerged as a leading member
of this group, and, in the course of meetings and other activities of this learned set, what had
previously been a warm relationship has become a close friendship, at least in this writer’s eyes.
Time will tell whether this perception survives this order.
This court has continued to preside over this case for one reason: because it is an
exceedingly difficult one with which it did not wish to burden another judge. After careful
consideration, however, this court has concluded that this constitutes an insufficient reason to
remain in this case, since the guarantee of a hearing before an impartial judge, both in fact and
appearance, is a cornerstone of the judicial process. By this assertion, the court does not wish to
indicate that it has any less regard for Mississippi counsel for the defendant, Ms. Gratz, for whom
the court also has the highest regard. The devil in this context resides in appearances. The public
and the parties in this matter are entitled to not only the reality, but also the appearance, of
impartiality.

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Case: 3:19-cv-00091-NBB-JMV Doc #: 314 Filed: 08/12/21 2 of 2 PageID #: 4421

This court has further concluded that this is a good point in which to recuse from this case
since, in light of plaintiff’s response to the show cause order which it issued, it now finds itself
genuinely undecided as to whether this case should go to trial or not. In so stating, this court notes
that, while it continues to have grave concerns regarding whether licensing issues such as the ones
in this case are best handled by lawsuits from private whistleblowers, it has serious doubts
regarding whether its public policy concerns in this regard should figure into the summary
judgment analysis at all. Moreover, if this court takes these public policy concerns off the table,
then it is left with issues of law as to which, it believes, both sides have a legitimate position in
this case.
This court therefore takes this opportunity to clarify that it is completely undecided
regarding whether this case should go to trial or not, and that, in its view, whichever judge hears
this case should consider himself or herself unburdened by “law of the case” considerations in this
regard. With this caveat, this court hereby recuses itself from this case, and direct the Clerk’s
Office to reassign the case at random.
This, the 12th day of August, 2021.
/s/ Michael P. Mills
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI

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