Roche v. Larc, Inc.

• Court: District Court, M.D. Florida
• Decided: December 18, 2024
• Docket: 2:24-cv-01149
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

RICHARD ROCHE, individually, and RICHARD ROCHE, personal representative of the Estate of Laura Susan Roche,

Plaintiffs,

v. Case No.: 2:24-cv-1149-SPC-KCD

LARC, INC. (a/k/a Lee Association of Remarkable Citizens, Inc., and a/k/a Lee Association of Retarded Citizens, Inc.), KEVIN LEWIS, VICKIE CHAPMAN, JANE MARSHALL, DANIELLE JACOBS, PHYSICIANS’ PRIMARY CARE OF SOUTHWEST FLORIDA, P.L. (d/b/a Physicians’ Primary Care), JEANNE A. ABDOU, APRN, ROGER O’HALLORAN, ESQ., GULF COAST MEDICAL CENTER, LEE MEMORIAL HEALTH SYSTEM, and CARLY HALLER, R.N.,

Defendants. / 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 the Court’s immediate family member now actively uses a doctor associated with Lee Memorial Health System, a named Defendant, disqualification may be required. See 28 U.S.C. § 455(b). To avoid even the

appearance of partiality or impropriety, the Court finds she must recuse herself. 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 December 18, 2024.

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record