Straw v. Avvo Inc
Filing
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ORDER AFFIRMING ORDER DECLINING TO RECUSE re Plaintiff's #59 Motion for Recusal. The Court finds and ORDERS that Judge Robart's order declining to disqualify himself (Dkt. #60 ) is AFFIRMED. Signed by Judge Ricardo S. Martinez. (PM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ANDREW U.D. STRAW,
Plaintiff,
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CASE NO. C20-294 JLR
ORDER AFFIRMING ORDER DECLINING
TO RECUSE
v.
AVVO, INC.,
Defendant.
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This matter is before the Court for review of United States District Judge James L.
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Robart’s order denying Plaintiff’s request that he voluntarily recuse himself from this case. Dkt.
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#59; LOCAL RULES W.D. WASH. LCR 3(f) (order denying voluntary judicial recusal referred to
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the Chief Judge for review). Having reviewed the matter, the Undersigned affirms Judge
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Robart’s order.
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Plaintiff initiated this action against Defendant Avvo, Inc. related to information
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published on Defendant’s website. Dkt. #4. The Court twice granted dismissal on motions by
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Defendant. After the first dismissal, Plaintiff was granted leave to amend his complaint. Dkt.
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#44. However, Plaintiff’s amended complaint did not address the deficiencies warranting
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dismissal and the Court’s second dismissal was accordingly granted with prejudice and without
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ORDER – 1
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leave to amend. Dkt. #55. Plaintiff filed a notice of appeal and his appeal remains pending
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before the United States Court of Appeals for the Ninth Circuit. Dkt. #57.
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After filing his appeal, Plaintiff sought to have Judge Robart voluntarily recuse himself
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from Plaintiff’s case in the event any further district court proceedings occur. Dkt. #59. Plaintiff
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bases his request upon his discovery that one of the more than 5001 lawyers employed by Davis
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Wright Tremaine LLP (“DWT”), local counsel for Defendant, formerly clerked for Judge Robart.
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Id. at 1. Plaintiff alleges that “[t]his was more than a little reason for the trial judge to favor
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[Defendant].” Id. Due to Plaintiff’s prior experience in an unrelated Indiana action, he indicates
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that he has “a zero tolerance for such connections, such favoritism due to clerkships,” and that
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“[t]he existence of [a former clerk] on the roster of attorneys at DWT is enough” to make a judge
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impartial. Id. at 2.
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A “judge of the United States shall disqualify himself in any proceeding in which his
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impartiality might reasonably be questioned.” 28 U.S.C. § 455(a); see also 28 U.S.C. § 144.
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This includes circumstances where the judge has “a personal bias or prejudice concerning a party,
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or personal knowledge of disputed evidentiary facts concerning the proceeding.” 28 U.S.C.
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§ 455(b)(1). Recusal is appropriate if “a reasonable person with knowledge of all the facts would
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conclude that the judge’s impartiality might reasonably be questioned.” Yagman v. Republic
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Insurance, 987 F.2d 622, 626 (9th Cir. 1993). This is an objective inquiry concerned with
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whether there is the appearance of bias, not whether there is bias in fact. Preston v. United States,
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923 F.2d 731, 734 (9th Cir. 1992); United States v. Conforte, 624 F.2d 869, 881 (9th Cir. 1980).
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Plaintiff has not set forth a basis upon which Judge Robart’s impartiality may reasonably
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be questioned. Plaintiff does not allege that Judge Robart’s former clerk has worked on this
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https://en.wikipedia.org/wiki/Davis_Wright_Tremaine
ORDER – 2
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matter on behalf of Avvo. Plaintiff does not allege that Judge Robart’s former clerk has any
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information related to the case that is not in the public record. Plaintiff does not allege that any
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communication related to his case has occurred between Judge Robart and his former clerk.
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Rather, Plaintiff speculates, without a factual basis, that Judge Robart will favor the clients of a
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large firm that now employs a single attorney who previously clerked for Judge Robart. Omni
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Innovations, LLC v. Smartbargains.com LP, Case No. 06-cv-1129-JCC, 2009 WL 3248084, at
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*2 (W.D. Wash. Oct. 6, 2009) (“A rule barring former law clerks and externs, much less their
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entire law firms, from appearing in a particular court would be unreasonable and unjustified.”).
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Such speculation does not establish an objective basis to conclude that Judge Robart’s
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impartiality can reasonably be questioned.
Accordingly, and for the reasons set forth above, the Court finds and ORDERS that Judge
Robart’s order declining to disqualify himself (Dkt. #60) is AFFIRMED.
DATED this 27th day of April, 2021.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER – 3
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