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Home Court filings Children's Health Defense, Inc. v. Rutgers — U.S. District Court, D.N.J. Counsel Letter Requesting Recusal — Children's Health Defense v. Rutgers (D.N.J.)

Court filing

Counsel Letter Requesting Recusal — Children's Health Defense v. Rutgers (D.N.J.)

Summary

A letter dated August 25, 2021 from Julio C. Gomez, Esq. of Gomez LLC, Document 8 filed 08/25/21 in Children's Health Defense, Inc. et al. v. Rutgers, The State University of New Jersey, et al., Civ. Case No. 21-15333, in the United States District Court, District of New Jersey, addressed to Hon. Zahid N. Quarishi, U.S.D.J. The letter says Gomez represents the Plaintiffs and that on August 18, 2021 Chief Judge Freda L. Wolfson reassigned the case to the judge (Dkt. 7). It states that the judge is currently an Adjunct Professor at Rutgers Law School and cites 28 U.S.C. §455(a). It respectfully requests that the judge consider recusal rather than filing a motion to compel recusal or for disqualification.

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Filed August 25, 2021 in Childrens Health Defense v. Rutgers; one of 35 filings from this case.

Record facts

Filed2021-08-25

Cite this document

“Counsel Letter Requesting Recusal — Children's Health Defense v. Rutgers (D.N.J.).” Original at archive.org, No. 3:21-cv-15333-ZNQ-TJB, Doc. 8, filed 2021-08-25. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/childrens-health-defense-v-rutgers/2021-08-25-letter-recusal-request/, SHA-256 153d2c3a73fee0e87cb8bc8c52aa4a8953a95efeb87df34bbf25efe651b0c85e.

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Full text

GOMEZ LLC                                                                                                                                                                                                                      Julio C. Gomez, Esq.
 
     ATTORNEY AT LAW                                                                                                                                                                                                                                                908.789.1080 Tel 
908.789.1081 Fax 
jgomez@gomezllc.com 
1451 COOPER ROAD 
SCOTCH PLAINS, NJ 07076 
August 25, 2021 
 
VIA CM-ECF 
Hon. Zahid N. Quarishi, U.S.D.J. 
United States District Court, District of New Jersey 
Clarkson S. Fisher Building & U.S. Courthouse 
402 East State Street 
Trenton, NJ 08608 
 
Re: 
Children’s Health Defense, Inc. et al. v. Rutgers, The State University of New Jersey, et al. 
 
Civ. Case No. 21-15333 (United States District Court, District of New Jersey 
 
 
 
Dear Judge Quarishi: 
 
I represent the Plaintiffs in the above-referenced matter against Rutgers, The State University of 
New Jersey, its Biomedical and Health Sciences School and various university officials.  
Defendants have been served and counsel for defendants have not entered an appearance yet. 
 
On August 18, 2021, Chief Judge Freda L. Wolfson reassigned this case to Your Honor. (Dkt. 7) 
 
It has been brought to my firm's attention that, Your Honor is currently an Adjunct Professor at 
Rutgers Law School. See https://law.rutgers.edu/directory/view/13820. Since Your Honor may not 
be aware yet of this reassignment, I am compelled to bring this matter to Your Honor’s attention. 
 
Pursuant to 28 U.S.C. §455(a), concerning the disqualification of judges of the United States, 
”[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any 
proceeding in which his impartiality might reasonably be questioned.” The inherent conflict that 
your position at Rutgers presents, and the reasonable possibility that your impartiality might be 
questioned by the public if Your Honor presides over a matter against Rutgers, in a case of 
considerable public importance, compels me to respectfully request that Your Honor consider 
recusal. 
 
Since it is possible that Your Honor may not have been made aware of the reassignment of this 
case yet, and the inherent conflict in what is most likely an inadvertence by the Chief Judge, rather 
than filing a Motion to Compel recusal or for disqualification, I wanted to give Your Honor and 
the Court an opportunity to address this.  Thank you for your prompt attention and time to this 
delicate matter. 
 
Respectfully submitted, 
 
/s/ Julio C. Gomez 
 
Julio C. Gomez 
 
Case 3:21-cv-15333-ZNQ-TJB   Document 8   Filed 08/25/21   Page 1 of 1 PageID: 115

File and source

File
gov.uscourts.njd.480171.8.0.pdf
Size
114,360 bytes
SHA-256
153d2c3a73fee0e87cb8bc8c52aa4a8953a95efeb87df34bbf25efe651b0c85e
Our copy
gov.uscourts.njd.480171.8.0.pdf
Original
archive.org
  1. Plaintiffs, VERIFIED COMPLAINTsame docket · 2021-08-16
  2. Memorandum of Law in Support of TRO — Children's Health Defense v. Rutgers (D.N.J.)same docket · 2021-08-30
  3. This matter comes before the Court upon a Motion for Recusal filed by Plaintiffssame docket · 2021-08-16
  4. Declaration of Adriana Pinto — Children's Health Defense v. Rutgers (D.N.J., 2021-08-30)same docket · 2021-08-30
  5. Notice of Motion for TRO — Children's Health Defense v. Rutgerssame docket · 2021-08-30
  6. Proposed Order — Children's Health Defense v. Rutgers (Dkt. 10-7, D.N.J.)same docket · 2021-08-30
  7. Notice of Motion for Recusal — Children's Health Defense v. Rutgers (D.N.J., 2021-09-03)same case · 2021-09-03
  8. Rutgers Opposition to Recusal Motion — Children's Health Defense v. Rutgerssame case · 2021-09-06
  9. Rutgers Opposition to TRO Motion — Children's Health Defense v. Rutgerssame case · 2021-09-14
  10. Order Denying Recusal — Children's Health Defense v. Rutgerssame case · 2021-09-14
  11. Plaintiffs' Reply Brief on TRO — Children's Health Defense v. Rutgers (D.N.J.)same case · 2021-09-20
  12. Rutgers Sur-Reply on TRO Motion — Children's Health Defense v. Rutgerssame case · 2021-09-22
  13. Notice of Motion to File Sur-Reply — Children's Health Defense v. Rutgers (D.N.J., 2021-09-22)same case · 2021-09-22
  14. Memorandum Of Law In Support Of Plaintiffs’ Motionsame docket · 2021-09-03
  15. Request an extension of time until Monday, September 20, 2021, to file Plaintiffs' reply brief — Civ. Case No. 3:21-cv-15333same docket · 2021-09-16

Part of: Children's Health Defense, Inc. v. Rutgers — U.S. District Court, D.N.J. · U.S. District Court for the District of New Jersey · Other pandemic litigation · Suits against governments and agencies · Letters · 2021 · Court filings

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