United States of America v. Lee Memorial Health System

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

UNITED STATES OF AMERICA and ANGELA D’ANNA, ex rel,

Plaintiffs,

v. Case No.: 2:14-cv-437-SPC-NPM

LEE MEMORIAL HEALTH SYSTEM and CAPE MEMORIAL HOSPITAL, INC.,

Defendants.

/ ORDER1 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 a named Defendant, disqualification may be required. See 28 U.S.C. § 455(b). To avoid even the appearance of partiality or

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or their services or products, nor does it have any agreements with them. The Court is not responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order. impropriety, the Court finds she must recuse herself. See Liljeberg v. Health Serus. 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 6, 2022.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record