Rea v. Ford Motor Company

• Citation: 337 F. Supp. 950
• Decision Date: 11 February 1972
• Docket Number: Civ. A. No. 67-286.
• Parties: Edward C. REA et al. v. FORD MOTOR COMPANY.
• Court: U.S. District Court — Eastern District of Pennsylvania

337 F. Supp. 950

Edward C. REA et al. v. FORD MOTOR COMPANY.

Civ. A. No. 67-286.

United States District Court, W. D. Pennsylvania.

February 11, 1972.

Robert E. Wayman, Robert A. Jarvis, Pittsburgh, Pa., for plaintiff.

John H. Morgan, Pittsburgh, Pa., for defendant.

MEMORANDUM

KNOX, District Judge.

Plaintiff, Edward C. Rea, on the afternoon of Friday, February 4, 1972, filed an affidavit of Bias or Prejudice against the undersigned to whom this protracted action for breach of contract and violation of the antitrust laws and the automobile dealers act was assigned on January 5, 1971. The affidavit was brought to the court's attention at mid-morning February 7, 1972, during preparations for argument and a pretrial conference in the case. This case has been pending since March 6, 1967, and has been assigned for trial beginning February 22, 1972. The judicial council for this circuit has previously queried this member of the court for an explanation as to why this case has not been tried. Further proceedings in the case were suspended until February 10 pending disposition of the affidavit.

28 U.S.C. § 144 provides, inter alia, as follows:

"Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding."

Under such circumstances, the easy way out is to allow the affidavit and direct that the case be assigned to another judge. However, the responsibilities of judicial office and responsibility to busy fellow judges and to litigants do not permit such an easy solution. I will state that I have searched my conscience as admonished in Smith v. Insurance Co., M.D.Tenn. (1963), 213 F.Supp. 675 and other cases and found no bias therein existing. The court has not made up its mind on the merits of the case but is waiting to hear the evidence which is to be produced before the court and jury.

Under the law, it is clear that the mere filing of such an affidavit does not disqualify a judge automatically. He must first determine if the affidavit is legally sufficient under the act, considering the facts (but not conclusions) alleged as true. See United States v. Partin, E.D.La.1970, 312 F.Supp. 1355; Behr v. Mine Safety Appliances Co., 233 F.2d 371 (3d cir. 1956). If this were not so, then every suitor disgruntled by judges' rulings could file an affidavit and force the judge to step aside and continue to do this until a judge satisfactory to him has been assigned.

It will be observed in the affidavit there is no allegation of personal animosity or hostility towards the plaintiff or favoritism towards the defendant. It should be noted that the Act speaks of "personal bias or prejudice". See Green v. Murphy, 259 F.2d 591 (3d cir. 1958) wherein Judges Hastie and Staley in their concurring opinion stated: "We think congress used `bias or prejudice' in the conventional sense of enmity or hostility." In this connection this member of the court states that he does not know the plaintiff except from seeing him during proceedings in this case and knows nothing about this case except what has been learned in the courtroom and from examining the papers in the case and briefs of counsel. Nor, on the other hand,...