Antl v. AGA Service Co.

• Court: District Court, E.D. California
• Decided: January 6, 2025
• Docket: 2:22-cv-00504
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Boris Antl, No. 2:22-cv-00504-KJM-AC 12 Plaintiff, ORDER 13 v. AGA Service Company, et al., 1S Defendants. 16 17 The court writes to inform counsel of a potential conflict with respect to a current law 18 | clerk assigned to support the court during the upcoming trial of this matter. 19 The law clerk is in a relationship and cohabitates with an employee of Finn Partners, Inc. 20 | (Finn). Finn previously served as a third-party media consultant for AGA Service Company. In 21 | his role with Finn, the law clerk’s partner has informed her he prepared public media statements 22 | and internal communications regarding developments in ongoing litigation, including statements 23 | related to this matter. He prepared public media statements related to this matter for AGA 24 | Service Company as recently as February 2023. It is the court’s understanding that as of January 25 | 1, 2025, AGA no longer works with Finn. The law clerk has not discussed the substance of this 26 | matter with her partner and, having reviewed the applicable rules and standards, does not believe 27 | the relationship creates a conflict of interest.

1 It is well established that a law clerk shall recuse themself from a matter when necessary 2 to “ensur[e] both the reality and appearance of impartiality.” First Interstate Bank of Arizona, 3 N.A. v. Murphy, Weir & Butler, 210 F.3d 983, 988 (9th Cir. 2000) (“[J]udges (and their law 4 clerks) are presumed to be impartial and to discharge their ethical duties faithfully so as to avoid 5 the appearance of impropriety.”). The court accepts the truth of the law clerk’s representations 6 that her relationship does not create a conflict of interest but recognizes that the impartiality of the 7 judiciary is essential to maintaining its integrity and the promotion of public confidence. 8 The court, therefore, allows the parties to submit an objection to the law clerk’s 9 involvement within seven days of the filing of this order. Should either party object, the court 10 will take appropriate steps to restrict the law clerk’s performance of official duties in this matter 11 so as to avoid a conflict or appearance of a conflict of interest. 12 IT IS SO ORDERED. 13 DATED: January 6, 2025.