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United States v. General Electric Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


July 13, 2006

UNITED STATES OF AMERICA, PLAINTIFF
v.
GENERAL ELECTRIC COMPANY, DEFENDANT.

The opinion of the court was delivered by: Randolph F. Treece U.S. Magistrate Judge

ORDER

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.


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