Birken-Sikora et al v. 21st Century Oncology Holdings, Inc. et al

Middle District of Florida, flmd-8:2016-cv-02907

ORDER of recusal. Magistrate Judge Carol Mirando recused. This case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Carol Mirando on 5/17/2016. (LS)

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PageID 69 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION GAYLE BIRKEN-SIKORA, MATTHEW SIKORA, SUSAN LEWIN, JEFFREY LEWIN, JON LOKIETZ, CARYN BENDETOWIES and RITA MARX, individually and on behalf of others similarly situated Plaintiffs, v. Case No: 2:16-cv-334-FtM-99CM 21ST CENTURY ONCOLOGY HOLDINGS, INC., 21ST CENTURY ONCOLOGY, LLC, 21ST CENTURY ONCOLOGY, INC., 21ST CENTURY ONCOLOGY MANAGEMENT SERVICES, INC. and 21ST CENTURY ONCOLOGY SERVICES, LLC, Defendants. ORDER This matter comes before the Court upon sua sponte review of the docket. Pursuant to 28 U.S.C. §455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Importantly, "the benefit of the doubt must be resolved in favor of recusal." Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). ACCORDINGLY, it is hereby ORDERED: The Honorable Carol Mirando is hereby RECUSED from the instant case. PageID 70 DONE and ORDERED in Fort Myers, Florida on this 17th day of May, 2016. Copies: Counsel of record -2-