Kaplan v. 21st Century Oncology Holdings, Inc.

Middle District of Florida, flmd-8:2016-cv-02894

ORDER of recusal. The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge. Signed by Judge Sheri Polster Chappell on 4/8/2016. (LMF)

Interested in this case?

Current View

Full Text

PageID 430 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION STUART KAPLAN, individually, and on behalf of all others similarly situated Plaintiff, v. Case No: 2:16-cv-210-FtM-38CM 21ST CENTURY ONCOLOGY HOLDINGS, INC., Defendant. / ORDER1 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 [her]self in any proceeding in which [her] impartiality might reasonably be questioned." Any doubt "must be resolved in favor of recusal." See Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). Additionally, 28 U.S.C. § 455(b) enumerates certain circumstances in which judges must disqualify themselves from cases. Pertinent here, judges should disqualify themselves when they know their spouse "has a financial interest in. . . a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding." 28 U.S.C. § 455(b)(4). As 1 Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These hyperlinks are provided only for users' convenience. Users are cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their websites. Likewise, the Court has no agreements with any of these third parties or their websites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. PageID 431 a result, the undersigned finds a conflict of interest and must recuse herself from this case. Accordingly, it is now ORDERED: The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case. The Clerk of the Court is directed to reassign the case to another United States District Judge. DONE and ORDERED in Fort Myers, Florida, this 5th day of April, 2016. Copies: All Parties of Record 2