Perfect Keto, LLC v. University of South Florida Board of Trustees

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

PERFECT KETO, LLC,

Plaintiff, v. Case No: 8:21-cv-1295-MSS-JSS UNIVERSITY OF SOUTH

FLORIDA BOARD OF TRUSTEES,

UNIVERSITY OF SOUTH

FLORIDA RESEARCH

FOUNDATION, INC. and AXCESS

GLOBAL SCIENCES, INC.,

Defendants.

I

ORDER OF RECUSAL

Under 28 U.S.C. § 455(a), a judge must disqualify herself in any proceeding in which her impartiality might reasonably be questioned. When the proper grounds exist, a Judge has an affirmative and self-enforcing obligation to recuse herself sua sponte. United States v. Kelly, 888 F.2d 732, 744 (11th Cir. 1989). In this case, the undersigned’s spouse is the dean of the University of South Florida College of Pharmacy. The University of South Florida is “administered by” the Board of Trustees. Fla. Stat. § 1001.71 (2021). Consequently, recusal is warranted. The Clerk is directed to reassign this case to another magistrate judge by random draw and provide notice to the parties of the new magistrate judge.

DONE and ORDERED in Tampa, Florida, on September 21, 2021.

/ . ee JUEIE $. SNEED UNITED STATES MAGISTRATE JUDGE Copies furnished to:

Counsel of Record