Orr v. Southeastern Grocers, Inc.

United States District Court for the Middle District of Florida

Orr v. Southeastern Grocers, Inc.

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MARION ORR,

Plaintiff, v. Case No.: 8:21-cv-1984-VMC-AAS

WINN-DIXIE STORES, INC.,

Defendant. ______________________________________/

ORDER Under

28 U.S.C. § 455

, a judge shall disqualify herself in any proceeding in which her impartiality might reasonably be questioned and where the judge has personal knowledge of disputed evidentiary facts concerning the proceeding.

28 U.S.C. § 455

(a) & (b)(1). 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). Here, the undersigned oversaw a settlement conference between the parties. During the settlement conference, at which the parties reached an impasse, the undersigned became privy to disputed evidentiary facts and other confidential information, thus warranting recusal.

28 U.S.C. § 455

(b)(1). Based on the foregoing, the Clerk is directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge. ORDERED in Tampa, Florida on February 24, 2022. Aranda. Arpre (he Sasson, AMANDA ARNOLD SANSONE United States Magistrate Judge

Reference

Status
Unknown