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Strange V Islamic Republic of Iran DCD 14 - 00435 10
Strange V Islamic Republic of Iran DCD 14 - 00435 10
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assumption that the undersigned judge would harbor animus due to Plaintiffs Counsels lawsuit
against her.
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However, Plaintiffs point to no evidence of any such animus towards Plaintiffs
Counsel or the parties and so rely on a non-existent personal bias. The genesis of Plaintiffs
Counsels lawsuit against the undersigned judge is legal rulings made by the undersigned judge
in two cases in which Plaintiffs Counsel was involved: Sataki v. Broadcasting Board of
Governors, No. 10-534 (D.D.C. filed Apr. 2, 2010) and Klayman v. Judicial Watch, Inc., No. 06-
670 (D.D.C. filed Apr. 12, 2006). In both of these cases, Plaintiffs Counsels motions to
disqualify the undersigned judge on the basis that her legal rulings were motivated by personal
bias against Plaintiffs Counsel were denied. In addition to naming the undersigned judge as a
defendant, Plaintiffs Counsels lawsuit also names former Chief J udge David Sentelle of the
D.C. Circuit, the J udicial Council of the D.C. Circuit, and the Office of the Circuit Executive as
defendants. Plaintiffs Counsels lawsuit was dismissed by J udge Richard J . Leon. Klayman v.
Kollar-Kotelly, 892 F.Supp.2d 261, 264 (D.D.C. 2012). The Court of Appeals for the District of
Columbia Circuit affirmed J udge Leons dismissal on May 20, 2013. 2013 WL 2395909 (D.C.
Cir. May 20, 2013).
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Plaintiffs also argue that the undersigned judge harbors an animus against [Plaintiffs
Counsel] for his legal activism which is seen as conservative and which has taken on a president,
Bill Clinton, who appointed J udge Kotelly to the federal bench. Pls. Mot. for Reconsideration,
at 3. Courts have regularly rejected the theory that appointment by a particular president,
without more, is sufficient to create an appearance of impartiality. See Karim-Panahi v. U.S.
Congress, 105 Fed.Appx. 270, 274-275 (D.D.C. 2004) (affirming lower courts denial of motion
for recusal based on allegations that the judge was biased because of her political-religious
connections and her alleged loyalty to those who selected, confirmed and appointed her); see
also MacDraw, Inc. v.CIT Grp. Equip. Fin., Inc., 138 F.3d 33, 38 (2d Cir. 1998), cert. denied,
525 U.S. 874 (1998) (Plaintiffs allegation that a judge is not impartial solely because an
attorney is embroiled in a controversy with the administration that appointed the judge is
insufficient grounds for recusal). Even when the President responsible for nominating the judge
is actually a party to the litigation, courts have held that recusal is not warranted. See, e.g., In re
Executive Office of President, 215 F.3d 25, 25 (D.C. Cir. 2000).
Case 1:14-cv-00435-CKK Document 10 Filed 04/15/14 Page 2 of 3
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Plaintiffs Motion for Reconsideration cites a series of state court cases and one federal
court case in which a judges recusal from presiding over a matter was found to be appropriate.
These casesalong with the one federal court case Plaintiffs cite from the Northern District of
Ohiohave no precedential value or are inapposite. Plaintiffs also challenge this Courts
reliance on In re Taylor, 417 F.3d 649 (7th Cir. 2005), where a district court judge refused to
recuse himself despite the fact that the defendant had previously filed a lawsuit against the judge.
Plaintiffs argue that this Court erroneously relied on In re Taylor because the lawsuit filed
against the Taylor judge was factually distinct from the lawsuit filed by Plaintiffs Counsel
against the undersigned judge. This Court, however, did not rely on In re Taylor for the specific
facts of that case, but for the general proposition that [t]here is no rule that requires a judge to
recuse himself from a case, civil or criminal, simply because he was or is involved in litigation
with one of the parties since such a rule would allow litigants to judge shop. Taylor, 417 F.3d
at 652. This Court, as have many courts in other circuits, agrees that such a rule would
encourage counsel and litigants to file complaints and/or lawsuits in order to disqualify a judge
who had ruled adversely to counsel and/or parties on legal matters.
As Plaintiffs have presented no evidence of an alleged judicial bias, the Court finds that
there is no reason to transfer this case to another district court judge. Accordingly, it is, this 15th
day of April, hereby
ORDERED that Plaintiffs [7] Motion for Reconsideration is DENIED.
SO ORDERED.
____/s/________________________
COLLEEN KOLLAR-KOTELLY
United States District J udge
Case 1:14-cv-00435-CKK Document 10 Filed 04/15/14 Page 3 of 3