Zerilli

*707 FINDINGS, CONCLUSIONS AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR DISQUALIFICATION AND REASSIGNMENT OF CASE

Upon full consideration of the Defendants’ Motions to Disqualify The Honorable A. Andrew Hauk, United States District Judge, as The Trial Judge in The Above-entitled Matter, together with the points and authorities submitted in support thereof, and the opposition of the Government and its supporting points and authorities, and good cause appearing, the aforesaid Judge now makes and enters his findings, conclusions and order as follows:

FINDINGS AND CONCLUSIONS

1. Each and all of the affidavits filed by the Defendants is and are timely within the meaning and intent of 28 U.S.C. § 144 .

2. Said affidavits set forth certain factual allegations, the truth of falsity of which the Judge may not pass upon or control, and which the Defendants assert support the charge that this Judge has a personal bias or prejudice against them. However, although these factual allegations must be accepted, the Court is obliged to determine their legal sufficiency. Berger v. United States, 255 U.S. 22, 33 , 41 S.Ct. 230 , 65 L.Ed. 481 (1921); Botts v. United States, 413 F.2d 41 (9th Cir.…