Firsov v. Airlines
- Susan Van Keulen
- 5:25-cv-02898
- U.S. District Court · Northern District of California
- 3
In Sergey Firsov v. Frontier Airlines, Judge Van Keulen denied Firsov’s motion to disqualify her, finding docket-management orders did not show bias.
The ruling directly affected Sergey Firsov’s request to disqualify Judge Susan Van Keulen; the opinion also addressed the court’s management of filings in Firsov’s case against Frontier Airlines, Inc.
What happened
In Sergey Firsov v. Frontier Airlines, Inc., Sergey Firsov asked to disqualify Magistrate Judge Susan Van Keulen from the case. He relied on alleged violations of the amendment rules, judicial ethics, and bias against him.
The court explained that federal law requires disqualification when a reasonable person knowing the facts could question the judge’s impartiality. It said Firsov’s disagreement with orders controlling filings and striking an unauthorized motion did not establish improper bias. The court also explained that, because Firsov had already amended his complaint, another amendment required the other side’s consent or the court’s permission.
Judge Susan Van Keulen denied the motion to disqualify. She concluded that the court’s efforts to organize the case and manage its motions were appropriate and did not show bias against Firsov.
The detailed version
- Firsov v. Airlines · No. 5:25-cv-02898
- Susan Van Keulen
- Nov. 20, 2025
Background
Sergey Firsov moved under 28 U.S.C. § 455 to disqualify the magistrate judge handling the case. He cited an alleged violation of Federal Rule of Civil Procedure 15(a), the Code of Judicial Ethics, and alleged bias against him. The motion followed several orders managing filings in the case, including an October 21, 2025 order requiring the parties to obtain the court’s permission before filing new briefs or motions, except for specified filings.
After that order, Firsov filed a motion seeking permission to file a second amended complaint without first obtaining leave of court. The court struck that motion because it was not authorized by the October 21 order. Firsov then filed a motion for reconsideration of the striking order and the motion to disqualify. The opinion states that the reconsideration motion would be addressed separately.
Legal standard
Section 455 requires a federal judge to disqualify herself when her impartiality might reasonably be questioned, including when she has personal bias or prejudice concerning a party. The test is whether a reasonable person who knows all the facts would reasonably question the judge’s impartiality. The opinion explains that disqualification generally must rest on something other than the judge’s rulings, opinions, or statements made during the case. A favorable or unfavorable view of a party is not enough unless it is wrongful or inappropriate.
Analysis
The court rejected Firsov’s argument that Rule 15(a) allowed him to amend his complaint automatically before trial. The court explained that Rule 15(a)(1) permits one amendment as a matter of course by specified deadlines, and that Firsov had already filed an amended complaint. A further amendment therefore required the opposing party’s written consent or the court’s leave.
The court also concluded that the problem with Firsov’s motion for permission to amend was that he filed it without first obtaining leave, contrary to the October 21 order. The court stated that district courts have inherent authority to manage their dockets and that its orders were intended to promote an orderly and efficient resolution of the motions in the case. Those orders did not demonstrate bias.
Disposition
The court denied Firsov’s motion to disqualify Judge Van Keulen. It did not decide the merits of the underlying dispute between Firsov and Frontier Airlines in this order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.