MEMORANDUM AND ORDER

AUDREY G. FLEISSIG, District Judge.

This case was assigned to United States District Judge Charles A. Shaw. On March 27, 2014, Judge Shaw denied Defendant Patty Lee's motion for summary judgment, granted Plaintiff's cross motion for summary judgment, and stated that he would issue an order of dismissal as to Defendant Gelhaar Lee based on his filing and discharge in bankruptcy. Thereafter, but before final judgment was entered, Judge Shaw became aware of circumstances which might give rise to the need for recusal pursuant to 28 U.S.C. § 455,1 and upon his order that the case be reassigned to a different district judge, filed on May 12, 2014, the case was reassigned to the undersigned.

Because Judge Shaw did not learn of the facts indicating a need for recusal until after he entered his March 27, 2104 Order, vacating that Order is not required. See Davis v. Xerox, 811 F.2d 1293, 1296 (9th Cir. 1987). Nevertheless, to avoid any appearance of impropriety, the Court will do so.

Accordingly,

IT IS HEREBY ORDERED that the Memorandum and Order (Doc. No. is 59) denying Defendant Patty Lee's motion for summary judgment, granting Plaintiff's motion for summary judgment, and stating that an order of dismissal shall be issued as to Defendant Gelhaar Lee, is VACATED.

IT IS FURTHER ORDERED that Plaintiff and Defendant Patty Lee shall have ten days from the date of this Order to supplement their respective memoranda in support of their motions for summary judgment in any way they deem necessary, and otherwise respond to Defendant Gelhaar Lee's notice of bankruptcy.