Firsov v. United Airlines, Inc
- Beth Freeman
- 5:25-cv-03784
- U.S. District Court · Northern District of California
- 3
In Firsov v. United Airlines, Magistrate Judge Van Keulen denied Sergey Firsov’s motion to disqualify her after prior filing-fee rulings.
Sergey Firsov, whose motion to disqualify the magistrate judge was denied and whose deadline to pay the filing fee remained in place.
What happened
In Firsov v. United Airlines, Inc., Sergey Firsov asked to disqualify the magistrate judge under a federal law requiring disqualification when a judge’s impartiality might reasonably be questioned. His motion cited alleged rule violations, improper conduct, prejudgment, and bias.
Firsov focused on the Court’s refusal to issue a summons after denying his application to proceed without paying the filing fee, and on the Court’s failure to seal that application. The Court explained that a summons would not issue unless Firsov paid the fee and that he had not filed a sealing motion or shown that sealing was justified.
Magistrate Judge Susan Van Keulen denied the motion to disqualify. The June 18, 2025 deadline to pay the filing fee remained in place; the Court stated that failure to pay could lead to reassignment to a district judge with a recommendation that the case be dismissed without prejudice.
The detailed version
- Firsov v. United Airlines, Inc · No. 5:25-cv-03784
- Beth Freeman
- June 12, 2025
Background
The Court previously denied Sergey Firsov’s application to proceed without paying the filing fee and set June 18, 2025, as the deadline to pay the fee. The Court later denied Firsov’s motion for reconsideration. Firsov then moved to disqualify the undersigned magistrate judge under 28 U.S.C. § 455.
Firsov alleged that the judge had violated court rules, engaged in improper conduct, prejudged the case, and acted with bias. His motion focused on two matters: the Court’s refusal to issue a summons after denying his application to proceed without paying the filing fee, and the Court’s failure to seal that application.
Legal standard
Under 28 U.S.C. § 455, a federal judge must disqualify herself when her impartiality might reasonably be questioned, including when she has personal bias or prejudice concerning a party. The Court applied the standard of whether a reasonable person who knew all the facts would reasonably question the judge’s impartiality. The Court also explained that disqualification generally requires a basis beyond the judge’s rulings, opinions, or statements made during the case.
Analysis
The Court concluded that its conduct did not meet the disqualification standard. Because Firsov’s application to proceed without paying the filing fee had been denied, he was not entitled to issuance of the summons unless and until he paid the fee. The Court also rejected Firsov’s assertion that it was required to seal his filing because he had not filed a motion to seal or shown that the standards for sealing had been met.
Disposition
The Court denied Firsov’s motion to disqualify Magistrate Judge Susan Van Keulen. The June 18, 2025 deadline to pay the filing fee remained in place. The Court stated that if Firsov did not pay by that deadline, it would issue an order reassigning the case to a district judge with a recommendation that the case be dismissed without prejudice.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.