National Abortion Federation v. Center for Medical Progress

Good Law
257 F. Supp. 3d 1084
United States District Court, Northern District of CaliforniaJune 26, 2017Case No. 15-cv-03522-WHO (JD)California3,555 words

Opinion

Lead Opinion

Donato, J.

ORDER RE MOTION FOR DISQUALIFICATION OF DISTRICT JUDGE UNDER 28 U.S.C. §§ 144 AND 455

Re: Dkt. No. 428

Defendants David Daleiden and The Center for Medical Progress seek to disqualify United States District Judge William H. Orrick, III from continuing to preside over this case. The motion is denied.

*1087 BACKGROUND

This case began on July SI, 2015, when plaintiff National Abortion Federation (“NAF”) sued The Center for Medical Progress (“CMP”), BioMax Procurement Services, LLC, David Daleiden and Troy Newman. Dkt. No. 1. Judge Orrick was randomly assigned to the case, and he has presided over it continuously ever since. See Dkt. No. 4 (assigning case to Judge Orrick). The case has been actively litigated, to say the least. As of June 8, 2017, the docket contained 430 separate entries. Judge Orrick has issued multiple orders, including a temporary restraining order and a preliminary injunction. Dkt. Nos. 15, 354. The circuit court has been involved as well — more frequently than is the norm at this stage of a civil case — and has denied a writ of mandamus for a discovery order and affirmed the preliminary injunction, among other actions. Dkt. Nos. 140, 401.

In the order…

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