Smith v. Sikorsky Aircraft, CV 75-3773-AAH.

Decision Date20 August 1976
Docket NumberNo. CV 75-3773-AAH.,CV 75-3773-AAH.
Citation420 F. Supp. 661
CourtU.S. District Court — Central District of California
PartiesJoseph P. SMITH and Theresa F. Smith, Plaintiffs, v. SIKORSKY AIRCRAFT, etc., et al., Defendants.

Nichols & Rose and Richard A. Perkins, Los Angeles, Cal., for plaintiffs.

Kirtland & Packard, Los Angeles, Cal., for defendants.

ORDER TO REASSIGN CASE AND NOTICE TO COUNSEL

HAUK, District Judge.

The undersigned Judge, to whom the above-entitled case was assigned pursuant to Local Rule 2, is of the opinion that he should not proceed further in said case by reason of the facts that:

(1) He has just learned today, August 19, 1976, that the law firm of Nichols and Rose, representing plaintiffs, had on August 17, 1976, associated Richard A. Perkins, Esq. as counsel for plaintiffs herein.

(2) The said Richard A. Perkins, Esq., has in the past been and acted as attorney and counsel for the undersigned Judge, both personally and in his judicial capacity—

"Hauk, Petitioner, v. Superior Court of Los Angeles County, Respondent; DeMott, et al., Real Parties in Interest," 61 Cal.2d 295, 38 Cal.Rptr. 345, 391 P.2d 825 (1964) a mandamus proceeding to require answers to oral interrogatories in a private suit brought by the undersigned Judge before being appointed to the Bench, wherein Mr. Perkins was sole counsel for the undersigned Judge; and "Munoz and Tigar v. Hauk and Curtis," 439 F.2d 1176 (9th Cir. 1971, No. 26587), a proceeding in mandamus brought against the undersigned Judge in connection with Petitioner Tigar's application to appear pro hac vice for representation of Munoz, wherein Mr. Perkins assisted in the preparation of the Motion of Respondents Hauk and Curtis to dismiss the Petition for Mandamus.

(3) Because of the aforesaid, the undersigned Judge, although he expressly finds that he has no personal bias or prejudice concerning any party herein or any personal knowledge of disputed evidentiary facts, and does not have any other personal interest in the proceedings herein which would tend to disqualify him, nevertheless finds that his impartiality "might reasonably be questioned," as set forth in 28 U.S.C. § 455(a), and as virtually identically provided in Canon 3C of the "Code of Judicial Conduct" adopted and promulgated by the United States Judicial Conference at its April 5-6, 1973 Session, Conf.Rept.1973, pp. 9-11, as amended at its September 14-17, 1973 Session, Conf.Rept.1973 p. 52, at its March 7-8, 1974 Semi-Annual Session, Conf.Rept.1974,...

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  • NY State Inspection v. NY State Pub. Emp. Rel.
    • United States
    • U.S. District Court — Northern District of New York
    • January 17, 1984
    ...Corp., Inc. v. RCA Corp., 569 F.2d 251 (5th Cir.1978); Texaco, Inc. v. Chandler, 354 F.2d 655 (10th Cir.1965); and Smith v. Sikorsky Aircraft, 420 F.Supp. 661 (C.D. Cal.1976). Although each of these cases can be distinguished on its facts from the circumstances herein, it is enough to obser......
  • Cargill, Inc., In re
    • United States
    • U.S. Court of Appeals — First Circuit
    • January 12, 1995
    ...mem., 767 F.2d 905 (1st Cir.1985); Miller Indus., Inc. v. Caterpillar Tractor Co., 516 F.Supp. 84 (D.Ala.1980); Smith v. Sikorsky Aircraft, 420 F.Supp. 661 (C.D.Cal.1976). See also Varela v. Jones, 746 F.2d 1413 (10th Cir.1984); S.J. Groves & Sons Co. v. I.B.T., 581 F.2d 1241 (7th Cir.1978)......
  • United States v. Conforte
    • United States
    • U.S. District Court — District of Nevada
    • August 4, 1978
    ...cases in which judges relied on the canons as a basis on which to disqualify themselves before a trial had begun. Smith v. Sikorski Aircraft, 420 F.Supp. 661 (C.D.Cal. 1976); Spires v. Hearst Corp., 420 F.Supp. 304 (C.D.Cal.1976). There do not appear to be any cases reversing a lower court'......
  • Carbana v. Cruz
    • United States
    • U.S. District Court — District of Puerto Rico
    • September 25, 1984
    ...in Mr. Nachman's cases before this Court for a period of two years from the date of this judge's induction. Smith v. Sikorsky Aircraft, 420 F.Supp. 661 (D.C. Calif.1976). Wherefore, I hereby disqualify myself from this case. The Clerk is hereby instructed to return the case to the assigning......
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