McCann v. Communications Design Corp.
| Citation | 775 F. Supp. 1506 |
| Decision Date | 28 June 1991 |
| Docket Number | Civ. No. B-89-164 (JAC). |
| Court | U.S. District Court — District of Connecticut |
| Parties | John J. McCANN v. COMMUNICATIONS DESIGN CORPORATION, Oliver P. MacKinnon, Jr., Thomas E. Minogue, Jr., and Westinghouse Communications Software, Inc. |
COPYRIGHT MATERIAL OMITTED
James J. Murray, Guy Heinemann, Murray & Hollander, New York City, James Mulvey, Mulvey & Koratash, Danbury, Conn., for plaintiff John J. McCann.
Richard A. Horgan, Sheila A. Ozalis, Winthrop, Stimson, Putnam & Roberts, Stamford, Conn., for defendants Communications Design Corp. and Oliver P. MacKinnon, Jr.
James F. Stapleton, Joy Beane, Day, Berry & Howard, Stamford, Conn., for defendant Thomas E. Minogue, Jr.
Edward F. Hennessey, Katherine B. Larson, Robinson & Cole, Hartford, Conn., for defendant Westinghouse Communications Software, Inc.
RULING ON PLAINTIFF'S MOTIONS FOR RECONSIDERATION AND FOR RECUSAL
CONTENTS
INTRODUCTION ............................................................. 1508
BACKGROUND ............................................................... 1509
DISCUSSION ............................................................... 1521
A. The Discretion of the Court in Addressing Recusal Motions ......... 1521
B. The Relevant Standards for Recusal ................................ 1522
C. The Timeliness of Plaintiff's Recusal Motion ...................... 1524
D. The Requirement that the Bias be Extrajudicial .................... 1527
E. The Merits of Plaintiff's Recusal Motion .......................... 1529
CONCLUSION ............................................................... 1533
A. Motion to Recuse .................................................. 1533
B. Motion for Reconsideration or in the Alternative for Certification. 1533
INTRODUCTION
It is inherent in the judicial process that a district judge makes decisions that disappoint and, occasionally, agitate, one party or another. In this case, for example, a simple pre-trial decision to try the issue of the statute of limitations separately from the merits of plaintiff's claims — and thereby to limit discovery on the merits until the statute of limitations issue is resolved — has provoked an increasingly frantic and seemingly endless series of efforts by plaintiff to frustrate the purpose of the court's decision. Plaintiff's efforts have culminated now in a series of ad hominem attacks on the court and on opposing counsel and wholly fabricated charges of conspiracy, all in an effort to drive the "offending" judge out of the case. Plaintiff has even referred cryptically to "the darkness of this court's intentions," and yet the record of this case clearly demonstrates that, if anything, it has been a question of hostility displayed toward the judge — not by the judge.
It would be relatively easy to reassign this case; both practice and natural predisposition would suggest to many of us that where a party is sufficiently unhappy with the presiding judge to move for that judge's recusal, one proper course would be to have the case transferred to a colleague. But the simple truth is that it would be injurious to our entire system of justice to reward a party who has made serious and wholly unsupported allegations of bias by giving that party precisely what he wants. Where there is no basis for recusal other than a litigant's unhappiness with a judge's decisions, the presiding judge has an obligation to prevent "judge shopping" by refusing to recuse himself. As the record here amply reflects, there is not the slightest doubt that plaintiff has received fair and impartial consideration of his views throughout the entire history of this case. To reassign this case based on this record would suggest to any disappointed litigant that he may have a case reassigned simply because the presiding judge has ruled against him. This would not only be grossly unfair to the defendants in this case, but it would send a dangerous signal to other litigants.
The ruling that follows may appear to be excessively fastidious, with several long extracts from hearing transcripts and other parts of the record. Plaintiff's accusations, however, require a meticulous response, and a review of the record is necessary in order to place in context the claims made in Plaintiff's Motion for Recusal of Hon. José A. Cabranes (filed May 20, 1991) ("Plaintiff's Recusal Motion") and Plaintiff's Motion for Reconsideration of the Order of April 29, 1991 or Alternatively for Certification Pursuant to 28 U.S.C. § 1292(b) (filed May 20, 1991) ("Plaintiff's 1991 Motion for Reconsideration").1 The record speaks for itself.
It is unfortunate that so much time and energy has been expended by counsel and by the court in such an unproductive exercise. However, plaintiff's accusations are serious, and a complete and decisive answer is in the public interest and, more particularly, in the interest of our system of justice.
For the reasons stated below, Plaintiff's Recusal Motion is denied and Plaintiff's 1991 Motion for Reconsideration is granted. Upon reconsideration, the court adheres in substantial part to the Discovery Order entered on April 29, 1991 ("April 29, 1991 Discovery Order"). See Amended Discovery Order entered today.
The complaint in this case was filed on March 28, 1989, and an amended complaint was filed on June 13, 1989. In the amended complaint, plaintiff alleges that he designed and developed a telephone management system called COM-NET in 1980 and 1981 in a joint venture with defendants Communications Design Corporation ("CDC"), Oliver P. MacKinnon, Jr. ("MacKinnon"), and Thomas E. Minogue, Jr. ("Minogue"). Plaintiff alleges that MacKinnon, with the aid and participation of Minogue, wrongfully deprived him of his ownership rights to COM-NET and of his rights to become a stockholder and director in CDC pursuant to an employment agreement. In April 1989, Westinghouse Communications Software, Inc. ("WCSI") purchased the assets of CDC with knowledge of the claims in the lawsuit that had been served on CDC, MacKinnon, and Minogue in March 1989. In June 1989, WCSI was served with the amended complaint and joined as a party to this action. Plaintiff claims that WCSI is derivatively liable for various actions of the other defendants and also claims that WCSI independently converted his property by virtue of its purchase.
Plaintiff asserts state law claims for breach of fiduciary duty, breach of contract, fraud, conversion, theft, equitable ownership, constructive trust and replevin, and federal law claims for violations of Section 10 of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 7 C.F.R. § 240-10b-5, and of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c). Plaintiff also seeks a declaration under 28 U.S.C. §§ 2201 and 2202 of his rights to COM-NET and of his rights in CDC. Defendants CDC and MacKinnon have, in their Answer (filed Apr. 12, 1989), counterclaimed for interference with an expectancy and for abuse of process.
Defendants took the position early in this case that plaintiff's claims were barred by the applicable statute of limitations and the doctrine of laches. Consistent with that position, defendant WCSI filed a motion for protective order on August 17, 1989 — as did defendants CDC and MacKinnon on September 11, 1989 — seeking from the court an order preventing plaintiff from conducting discovery on matters unrelated to the statute of limitations and laches defenses. Plaintiff filed a written response on September 21, 1989 explaining the reasons for seeking the requested discovery. The court granted both motions for protective order at a hearing on September 27, 1989. See Transcript of Hearing of September 27, 1989 (filed Oct. 25, 1989) at 57-65. Pursuant to the colloquy with counsel at that hearing, an order was entered staying all discovery unrelated to the issue of the applicability of the statute of limitations to plaintiff's claims, and the order provided in pertinent part that Order (entered Oct. 5, 1989) ("Order of October 5, 1989").
Defendants filed motions for summary judgment in December 1989. Following the filing of plaintiff's memoranda in opposition in February 1990, and then of defendants' reply memoranda in February and March 1990, and finally of plaintiff's surreply memorandum on March 14, 1990, the court heard oral argument on March 16, 1990; the court denied defendants' motions for summary judgment on May 25, 1990. The court ruled that (citations omitted). Endorsement Order (entered May 25, 1990).
Pursuant to the Order of October 5, 1989 staying discovery and permitting plaintiff to file a motion for reconsideration of the stay following a ruling on defendants' motions for summary judgment, plaintiff filed an "Omnibus Discovery Motion" on June 6, 1990. The court's decisions on this motion, and on defendants' request (in turn) for a protective order and bifurcation at trial of the statute of limitations question and the merits, are the source of the ensuing hulabaloo, including a wide array of efforts by plaintiff to undo the court's decision...
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