Perry Jarrell v. AllCare Health, Inc.

Summary

The United States District Court for the District of Oregon denied Plaintiff’s counsel’s motion to recuse the assigned judge under 28 U.S.C. §§ 144 and 455. The court held that the alleged disclosure of confidential settlement communications and differing rulings in other cases did not establish an appearance of impartiality or the required level of bias. The court granted non-party Sky Lakes Medical Center’s request for reasonable attorney fees under Federal Rule of Civil Procedure 45(d)(1) because Plaintiff’s counsel failed to confer before serving the subpoena and filing the motion to quash.

Holdings

1. Recusal was not required because Plaintiff's counsel did not provide evidence establishing the timing or nature of the alleged disclosure or otherwise show that a reasonable, well-informed person would question the court's impartiality. Alleged bias against counsel also did not rise to the level of virulent personal bias amounting to bias against the represented party.
2. Plaintiff's counsel violated Rule 45(d)(1) by failing to take reasonable steps to avoid imposing undue burden or expense on Sky Lakes before issuing and pursuing the subpoena. Sky Lakes was therefore entitled to its reasonable fees incurred in bringing the motion to quash.

Questions Presented

1. Whether the assigned district judge was required to recuse under 28 U.S.C. §§ 144 or 455 based on alleged disclosure of confidential settlement communications, a resulting state bar complaint, and rulings in other cases involving Plaintiff's counsel.
2. Whether Plaintiff's counsel failed to take reasonable steps to avoid imposing undue burden or expense on non-party Sky Lakes, warranting an award of reasonable attorney fees under Federal Rule of Civil Procedure 45(d)(1).

Disposition

other