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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Da Silva Moore: Plaintiffs’ Petition for Writ of Certiorari on Question of Recusal Denied

Posted in NEWS & UPDATES

On October 7, 2013, the Supreme Court of the United States denied Plaintiffs’ Petition for Writ of Certiorari arising from Magistrate Judge Andrew Peck’s refusal to recuse himself in this case.  As was previously reported on this blog, Plaintiffs sought an answer to the question: “Should a court of appeals review a judge’s denial of a motion to recuse de novo or for an abuse of discretion?”  Readers may recall that the plaintiffs in this case sought the recusal of Magistrate Judge Peck following his approval of Defendant’s predictive coding protocol.  That motion was denied by Magistrate Judge Peck.  Plaintiffs then took the issue before the District Court, which likewise declined to compel recusal, and then to the Second Circuit, which denied Plaintiffs’ petition for a writ of mandamus.  Plaintiffs then petitioned the United States Supreme Court for a Writ of Certiorari, which, as discussed, was denied.