Rodriguez-Vilanova v. Stryker Corp.

987 F. Supp. 2d 153, 2013 WL 6622909, 2013 U.S. Dist. LEXIS 177719
CourtDistrict Court, D. Puerto Rico
DecidedDecember 17, 2013
DocketCivil No. 11-1153 (FAB)
StatusPublished
Cited by5 cases

This text of 987 F. Supp. 2d 153 (Rodriguez-Vilanova v. Stryker Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez-Vilanova v. Stryker Corp., 987 F. Supp. 2d 153, 2013 WL 6622909, 2013 U.S. Dist. LEXIS 177719 (prd 2013).

Opinion

MEMORANDUM & ORDER

BESOSA, District Judge.

Before the Court is plaintiff Gloria Rodriguez Vilanova’s (“Rodriguez”) motion pursuant to 28 U.S.C. § 455(a) requesting that I disqualify myself from this case, (Docket No. 34), and defendant’s opposition, (Docket No. 39). For the reasons stated below, the Court DENIES plaintiffs motion.

I. Factual Background

On December 5, 2013, plaintiff and plaintiffs counsel discovered that my son, Francisco Besosa Martinez (“Besosa”), works as an associate with one of the law firms representing the defendant in this case, Schuster & Aguilo LLP. (Docket No. 34-1.) It was further discovered that Besosa assists Lourdes Hernandez (“Hernandez”), one of the capital partners of the firm and attorney of record in this case, in a case not before this Court but before the Anti-Discrimination Unit of the Puerto Rico Department of Labor (Docket Nos. 34-2, 34-3). There is no specific allegation that Besosa is assisting Hernandez in this litigation.1 Plaintiff moved for my disqualification from the case two days after the defendant filed a motion for summary judgment. (See Docket No. 29.)

Plaintiff contends that by virtue of Besosa’s position at the law firm, there is no way to know if Besosa has participated in any way in this case and it is reasonable to conclude that Hernandez evaluates Besosa’s performance, which in turn possibly affects any compensation or salary increase. (Docket No. 34 at ¶ 3.) These reasons, plaintiff argues, warrant my disqualification because my impartiality might reasonably be questioned pursuant to section 455(a). As can be seen from the analysis below, these reasons are simply not sufficient to disqualify me.

II. Disqualification Pursuant to 28 U.S.C. § 455(a)

Section 455(a) states: “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). This statute requires recusal if a reasonable person, knowing all of the facts, would harbor doubts concerning the judge’s impartiality. Liljeberg v. Health Serv. Acquisition Corp., 486 U.S. 847, 860-1, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988). This section implicates competing policy interests. On the one hand, “courts must not only be, but must seem to be, free of bias or prejudice.” In re United States, 158 F.3d 26, 30 (1st Cir.1998) (cit[155]*155ing In re United States, 666 F.2d 690, 694 (1st Cir.1981)). “On the other hand, recusal on demand would put too large a club in the hands of litigants and lawyers, enabling them to veto the assignment of judges for no good reason.” Id. Section 455(a) determinations “inevitably turn[ ] on the facts,” and thus, “[c]omparison ... is an inexact construct” in this context. Id. at 28, 31 (internal citation omitted). The First Circuit Court of Appeals has expressed that close questions should be resolved in favor of disqualification. Id., at 30.

As plaintiff points out, section 455(a)’s legislative history indicates Congress amended it with in order to shift the balance from one imposing on judges a “duty to sit” to one that resolves close question in favor of disqualification. See H.R.Rep. No. 98-1458, at 6355 (1974), reprinted in 1974 U.S.C.C.A.N. 6351, 6355. This legislative history also indicates, however, that Congress did not intend for the provision to be used by “those who would question [the judge’s] impartiality ... seeking to avoid the consequences of [the judge’s] expected adverse decision.” Id. Rather, “[n]othing in this proposed legislation should be read to warrant the transformation of a litigant’s fear that a judge may decide a question against him into a ‘reasonable fear’ that the judge will not be impartial.” Id. Litigants are “not entitled to judges of their own choice.” Id. As the Seventh Circuit subsequently noted,

A thoughtful observer understands that putting disqualification in the hands of a party, whose real fear may be that the judge will apply rather than disregard the law, could introduce a bias into adjudication. Thus the search is for a risk substantially out of the ordinary.

In re Mason, 916 F.2d 384, 386 (7th Cir.1990) (emphasis in original).

III. Analysis

Though the inquiry before the Court is a fact-specific one, the Court considers the two cases offered by plaintiff as instructive. First, plaintiff points to a Fifth Circuit Court of Appeals case affirming the district judge’s decision not to recuse himself when his son was an associate at a law firm participating in the litigation. United States ex rel Weinberger v. Equifax, Inc., 557 F.2d 456, 463 (5th Cir.1977).2 Plaintiff offers this case for the proposition that my relationship with an associate at a participating law firm should be considered for the purposes of section 455(a) analysis. The Court agrees. The Court also finds instructive the Fifth Circuit’s reasoning underlying its finding that section 455(b) did not require recusal.3 That court found that section 455(b) did not apply to the scenario because (1) the judge’s son was not' “acting as a lawyer in the proceeding” as prohibited by section 455(b)(5)(iii); and (2) due to the son’s status as an associate, rather than a partner in the firm, his salary interests were too remote to fall under the “financial interest” prohibition of section 455(b)(4). Id. at 463. The court of appeals noted that although these matters did not require disqualification pursuant to section 455(b), they warranted consideration pursuant to section 455(a) standards. Id. at 464. The court found no error in the district court’s decision that the judge’s impartiality could [156]*156not reasonably be questioned. Id. Many other courts to consider this issue have found no need for recusal pursuant to section 455(a) where a judge’s relative is an associate at a law firm participating in the litigation. See, e.g., Sensley v. Albritton, 385 F.3d 591, 600 (5th Cir.2004) (rejecting plaintiffs contention that “when an immediate family member is an at-will employee in the office representing a party, the impartiality of the judge is called into question); Bartholomew v. Stassi-Lampman, 95 F.3d 1156

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
987 F. Supp. 2d 153, 2013 WL 6622909, 2013 U.S. Dist. LEXIS 177719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-vilanova-v-stryker-corp-prd-2013.