Opinion
CASE NO. 08-22009-CIV-JORDAN.
October 16, 2008
ORDER
Ms. Lanson's motion for disqualification [D.E. 8] is DENIED. As an initial matter, I denied Ms. Lanson's motion to disqualify in Case No. 07-60770-Civ-Jordan, finding the motion to be "legally and factually frivolous." See Order Denying Motion to Disqualify [D.E. 22], In re Baron's Stores, Inc., Case No. 07-60770-Civ-Jordan. The fact that I told Ms. Lanson and counsel for the other appellants that th emotion to disqualify was frivolous does not warrant disqualification under 28 U.S.C. § 455(a). I only transferred the case to Judge Altonaga as a matter of discretion so that Ms. Lanson could not later complain if the case was decided adversely to her. See id., Order of Transfer [D.E. 8].
DONE and ORDERED in chambers in Miami, Florida.