Larson v. Granite State Insurance Company et al

Filing 12

ORDER granting 10 Motion for Recusal. Signed by Judge Donald W. Molloy on 8/21/2018. (Copy to Chief Judge Christensen's chambers for reassignment.) (NOS)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

AUG 21 2018
Clerk, US ,

Di~trict Of MCourts
M1ssou1 D . on~ana
a
1
111s1on

CLAUDIA J. LARSON,

CV 18-98-M-DWM

Plaintiff,
ORDER
v.
GRANITE STATE INSURANCE
COMP ANY, a New Hampshire
Corporation, and JOHN DOES,
NOS. 1AND2,
Defendants.

Defendant Granite State Insurance Company moves for recusal and
reassignment pursuant to 28 U.S.C. § 455. The motion is unopposed.
Section 455(b )(5)(iv) provides that a federal judicial officer shall recuse
himself from any proceeding in which "a person within the third degree of
relationship to [him], or the spouse of such a person ... [i]s to the judge's
knowledge likely to be a material witness in the proceeding." See also Mangini v.

United States, 314 F.3d 1158, 1161-62 (9th Cir. 2003).
The attorney who represented Plaintiff Claudia Larson in the underlying
personal injury action may be a material witness in this case, in which Larson has
alleged that Granite State violated Montana's Unfair Trade Practices Act, Montana
Code Annotated§§ 33-18-201 et seq. The attorney is the spouse of "a person

within the third degree of relationship to" the undersigned. Consequently, 28
U.S.C. § 455(b )(5)(iv) requires recusal and reassignment of this matter to another
judge of the District. Accordingly,
IT IS ORDERED that the motion (Doc. 10) is GRANTED. Pursuant to 28
U.S.C. § 455(b )(5)(iv), the undersigned hereby recuses himself from the abovecaptioned matter. The Clerk of Court is directed to provide a copy of this order to
Chief United States District Court Judge Dana L. Christensen upon filing, so that
Judge Christensen may re-assign the matter in accordance with Standing Order
DLC-40 or as otherwise appropriate.
DATED this

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