GOVERNMENT EMPLOYEES INSURANCE CO.
v.
LAROCCA, D.C.
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A magistrate judge recused himself sua sponte under 28 U.S.C. § 455(a) due to a financial interest in one of the parties. The case was reassigned to another magistrate judge by random draw.
The magistrate judge determined that recusal was warranted due to a financial interest in one of the parties under 28 U.S.C. § 455(a) and ordered the case reassigned to another magistrate judge.
“Under 28 U.S.C. § 455, a judge must disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
Establishes the legal standard for judicial recusal
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Join FLexlaw to unlock all legal intelligenceThis case involves Government Employees Insurance Co. (GEICO) as plaintiff and Michael T. LaRocca and other defendants. The magistrate judge identifie…
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This cause is before the Court sua sponte. Under 28 U.S.C. § 455, a judge must disqualify himself in any proceeding in which his impartiality might reasonably be questioned. See 28 U.S.C. § 455(a). And if the proper grounds do exist, a judge has an affirmative and self-enforcing obligation to recuse himself on his own accord. See United States v. Kelly, 888 F. 2d 732, 744 (11th Cir. 1989).
After careful review, the undersigned has determined that his recusal is warranted due to a financial interest in one of the parties. 28 U.S.C. § 455(a). Accordingly, the Clerk of Court 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.
SO ORDERED in Tampa, Florida, this 25th day of October 2024.
Christopher P. di HONORABLE CHRISTOPHER P. TUITE United States Magistrate Judge
Copies to: Counsel of record