United States District Court for the Middle District of Florida, 2024

Saito v. Patel

Saito v. Patel
United States District Court for the Middle District of Florida · Decided January 22, 2024
Saito v. Patel

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KOICHI SAITO and LYNNE’A SAITO, Plaintiffs, v. Case No.: 2:24-cv-65-SPC-KCD PRATIK PATEL, DECUBAS & LEWIS, PETER LANNING, EX LEGAL PLLC, COLLIER COUNTY ET AL and STATE OF FLORIDA, Defendants. / OPINION AND ORDER Before the Court is a review of the docket. A judge must disqualify if her “impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). She must also disqualify in certain situations listed in § 455(b). And all doubts are “resolved in favor of recusal.” Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). Because Plaintiffs are suing the undersigned in another action, disqualification may be required. So, to avoid even the appearance of partiality or impropriety, the undersigned recuses. See Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 865 (1988).

Accordingly, it is now ORDERED: 1. The Honorable Sheri Polster Chappell is RECUSED from this action.

2. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division.

DONE and ORDERED in Fort Myers, Florida on January 22, 2024.

, Lh platrath< 7 UNITED STATES DISTRICT JUDGE Copies: All Parties of Record

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