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Eastman Kodak Co. v. Goldman Sachs Group, Inc.

United States District Court, W.D. New York

July 31, 2014

EASTMAN KODAK COMPANY, Plaintiff,
v.
THE GOLDMAN SACHS GROUP, INC., METRO INTERNATIONAL TRADE SERVICES LLC, JP MORGAN CHASE & COMPANY, HENRY BATH LLC, GLENCORE XSTRATA, PLC, GLENCORE LTD., PACORINI METALS USA LLC, PACORINI METALS AG, and LONDON METAL EXCHANGE, LTD., Defendants.

ORDER

ELIZABETH A. WOLFORD, District Judge.

Plaintiff Eastman Kodak Company commenced the above-captioned matter on or about July 28, 2014. I was assigned to preside over the matter by the Clerk of the Court. I was previously a partner with The Wolford Law Firm LLP until assuming my current position on December 30, 2013. As a partner with The Wolford Law Firm LLP and up until the time that I assumed my current position, I regularly represented Plaintiff Eastman Kodak Company.

Pursuant to 28 U.S.C. § 455(a), a judge of the United States "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." The norm among new appointees to the bench is that two years should pass before the judge sits in controversies involving former clients. Sphere Drake Ins. Ltd. v. All Am. Life Ins. Co., 307 F.3d 617, 621-22 (7th Cir. 2002).

Given my recent prior representation of Eastman Kodak Company, I believe that my impartiality might reasonably be questioned and, therefore, recusal is required pursuant to 28 U.S.C. § 455(a). Accordingly, I will recuse myself from handling the above-captioned matter and the case shall be referred to the Clerk of the Court for reassignment.

SO ORDERED.


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