Firsov
Sergay Firsov v. Scandinavian Airlines System Denmark-Norway-Sweden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SERGEY FIRSOV, Case No. 25-cv-03691-EMC
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION TO DISQUALIFY
SCANDINAVIAN AIRLINES SYSTEM DENMARK-NORWAY-SWEDEN, Docket No. 64 11 Defendant. 12 13 Pending before the Court is Mr. Firsov’s motion to disqualify1 pursuant to 28 U.S.C. § 455. Section 455 provides that a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). The Ninth Circuit has explained that, under § 455, the question is “[w]hether a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned.” United States v. McTiernan, 695 F.3d 882, 891 (9th Cir. 2012) (internal quotation marks omitted). That is, the question is
“whether a reasonable person perceives a significant risk that the judge will resolve the case on a basis other than the merits.” The …