Abraham v. Leigh et al

Filing 774

ORDER denying 761 Motion to Disqualify Judge; denying 762 Motion to Disqualify Judge. The Court is in receipt of Ms. Abraham's motion to disqualify the Court from this case (Dkt. #761-762), as well as a number of attached exhibits. It i s difficult for the Court to engage with this most recent filing, which is once again filled with misstatements of the record in this case and patently false allegations. What is more, Plaintiff's motion accuses the Court of meddling in an u nrelated Florida proceeding of which this Court was not aware, presided over by a judge this Court does not know and has never contacted, concerning Ms. Abraham's mother's care. The Court is of course saddened by Ms. Abraham's mothe r's passing, and hopes that Ms. Abraham and her family can find solace in this difficult period. But accusing the Court of engaging in "ex parte discussions" with the judge presiding over the Florida case, "result[ing] in Joyc e Abraham's untimely recent death", is both false and disparaging. The Court DENIES Ms. Abraham's motion. This Order does not affect any other deadlines in this case, and the Court expects that Ms. Abraham will respond to its Order to Show Cause by May 23, 2023. The Clerk of Court is directed to terminate the pending motions at docket entries 761 and 762. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/16/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBYN ABRAHAM,
Plaintiff,
-v.ABBY LEIGH, in her Individual Capacity, as
Executrix of the Estate of Mitch Leigh, and as
Trustee for The Viola Fund and Abby Leigh Ltd.,

17 Civ. 5429 (KPF)
ORDER

Defendant.
KATHERINE POLK FAILLA, District Judge:
The Court is in receipt of Ms. Abraham’s motion to disqualify the Court
from this case (Dkt. #761-762), as well as a number of attached exhibits. It is
difficult for the Court to engage with this most recent filing, which is once
again filled with misstatements of the record in this case and patently false
allegations. What is more, Plaintiff’s motion accuses the Court of meddling in
an unrelated Florida proceeding of which this Court was not aware, presided
over by a judge this Court does not know and has never contacted, concerning
Ms. Abraham’s mother’s care. The Court is of course saddened by Ms.
Abraham’s mother’s passing, and hopes that Ms. Abraham and her family can
find solace in this difficult period. But accusing the Court of engaging in “ex
parte discussions” with the judge presiding over the Florida case, “result[ing] in
Joyce Abraham’s untimely recent death”, is both false and disparaging.
The Court DENIES Ms. Abraham’s motion. This Order does not affect
any other deadlines in this case, and the Court expects that Ms. Abraham will

respond to its Order to Show Cause by May 23, 2023. The Clerk of Court is
directed to terminate the pending motions at docket entries 761 and 762.
SO ORDERED.
Dated: May 16, 2023
New York, New York
KATHERINE POLK FAILLA
United States District Judge

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