Laramore v. Quality Residence, LLC.

Background

Adrianne L. Laramore sued Quality Residence, LLC after a vehicle crashed into the side of her residence and forced her family to move. Laramore alleged that Quality Residence’s failure to repair the residence caused emotional distress, pain, and suffering.

Laramore previously filed an emergency motion seeking a preliminary injunction, which is a court order temporarily requiring or preventing conduct while a case proceeds. The court denied that motion on May 5, 2021. Laramore then filed an objection to that order, which the court described as procedurally improper. She later moved under 28 U.S.C. § 455 for recusal, meaning that the United States Magistrate Judge and the district judge should disqualify themselves from the case.

The Recusal Request

Laramore argued that recusal was required because the court had not addressed her May 14, 2021 objection to the May 5 order. The court explained that judges are presumed impartial and that the person seeking recusal bears a heavy burden to show otherwise. Opinions or actions arising from a judicial proceeding generally do not establish bias unless they show deep-seated favoritism or antagonism that would make fair judgment impossible.

The court concluded that Laramore was essentially seeking recusal because the court had denied her preliminary-injunction motion. It held that judicial rulings alone almost never provide a valid basis for a bias or partiality motion. Laramore identified no other basis for recusal. The court also noted that, if her objection were treated as a request to reconsider the May 5 order, court rules required her to obtain permission before filing it, which she had not done.

Ruling

Judge Wilhelmina M. Wright denied Laramore’s motion for recusal. The court found that the record established no factual or legal basis for granting the requested relief.