WAHAB v. ESTEE LAUDER COMPANIES, INC., 12-CV-3932 (SJF)(AKT). (2013)
Court: District Court, E.D. New York
Number: infdco20130703c41
Visitors: 19
Filed: Jul. 02, 2013
Latest Update: Jul. 02, 2013
Summary: ORDER SANDRA J. FEUERSTEIN, District Judge. This case was assigned to the Court on May 16, 2013 after District Judge Joseph F. Bianco recused himself. See [Docket Entry No. 37]. On May 21, 2013, the Court overruled plaintiff's objection to Magistrate Judge E. Thomas Boyle's order dated April 8, 2013 "preclud[ing] [plaintiff] from testifying at trial or offering any affidavit in support or opposition to summary judgment unless he submits to a deposition, which defendant previously noticed, w
Summary: ORDER SANDRA J. FEUERSTEIN, District Judge. This case was assigned to the Court on May 16, 2013 after District Judge Joseph F. Bianco recused himself. See [Docket Entry No. 37]. On May 21, 2013, the Court overruled plaintiff's objection to Magistrate Judge E. Thomas Boyle's order dated April 8, 2013 "preclud[ing] [plaintiff] from testifying at trial or offering any affidavit in support or opposition to summary judgment unless he submits to a deposition, which defendant previously noticed, wi..
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ORDER
SANDRA J. FEUERSTEIN, District Judge.
This case was assigned to the Court on May 16, 2013 after District Judge Joseph F. Bianco recused himself. See [Docket Entry No. 37]. On May 21, 2013, the Court overruled plaintiff's objection to Magistrate Judge E. Thomas Boyle's order dated April 8, 2013 "preclud[ing] [plaintiff] from testifying at trial or offering any affidavit in support or opposition to summary judgment unless he submits to a deposition, which defendant previously noticed, within 30 days." [Docket Entry No. 39].1 The Court cancelled the May 30, 2013 discovery deadline to allow Magistrate Judge A. Kathleen Tomlinson to address outstanding discovery issues and scheduled a pretrial conference for July 9, 2013 at 11:15 a.m., by which time all discovery is to be completed. Id. Now before the Court is plaintiff's motion seeking the recusal of both the undersigned and Magistrate Judge Tomlinson. [Docket Entry No. 52].
Section 455(a) of Title 28 of the United States Code provides that "[a]ny ... judge ... of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). Plaintiff has failed to allege any reasonable basis for questioning the impartiality of the Court in this proceeding. Accordingly, the motion is denied insofar as it seeks the recusal of the undersigned.
SO ORDERED.
FootNotes
1. Magistrate Judge A. Kathleen Tomlinson was assigned to the case on April 23, 2013 after Magistrate Judge Boyle's recused himself. See [Docket Entry Nos. 29, 37].
Source: Leagle
