UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 13, 2006
UNITED STATES OF AMERICA, PLAINTIFF
GENERAL ELECTRIC COMPANY, DEFENDANT.
The opinion of the court was delivered by: Randolph F. Treece U.S. Magistrate Judge
Under 28 U.S.C. § 455(a), "[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." In particular, a judge must disqualify himself "[w]here he has a personal bias or prejudice concerning a party" in the case before the court. Id. at § 455(b)(1). Furthermore, when a judge knows that "he, individually or as a fiduciary . . . has a financial interest in the subject matter in controversy or in a party to the proceeding" recusal shall similarly ensue. Id. at § 455(b)(4). "Financial interest" is defined as "ownership of a legal or equitable interest, however small, or a relationship as director, adviser, or other active participant in the affairs of a party." Id. at § 455(d)(4). In the instant case, the undersigned owns a nominal number of shares in General Electric, and as such, recusal is mandated.*fn1
WHEREFORE, it is hereby
ORDERED, that the undersigned disqualifies himself from assignment to this action; and it is further
ORDERED, that, in accordance with General Order 12(G)(2), the Clerk of the Court shall reassign this case at random and provide this Court with a debit in the appropriate category; and it is further
ORDERED, that the Clerk of the Court shall serve this Order upon the parties who have appeared in this action.
IT IS SO ORDERED.