Azzarmi v. Neubauer
- Kenneth Karas
- 7:20-cv-09155
- U.S. District Court · Southern District of New York
- 3
In Azzarmi v. Neubauer, Judge Karas denied Azzarmi’s request to undo the related-case designation and disqualify the court.
Aasir Azzarmi’s request to change the related-case designation and disqualify Judge Kenneth M. Karas was denied. The related-case designation remained in place, and the pending application was terminated; the order did not resolve the underlying defamation claims against Donald Neubauer or the other defendants.
What happened
In Azzarmi v. Neubauer, Aasir Azzarmi asked the court to reconsider its decision to treat this case as related to another case and to send it to a different judge or back to the clerk’s office. He also asked the judge to step aside, claiming bias based on an earlier ruling in the related case.
The court explained that its internal rules for assigning related cases do not give litigants a right to reassignment. It also found that this case was properly treated as related because both cases involved defamation claims connected to Azzarmi’s employment at and termination from Delta Air Lines, and because the cases involved overlapping people and events.
Judge Kenneth M. Karas denied the application, including the request for disqualification. The court found that the earlier judicial rulings did not establish bias and directed the clerk to terminate the pending application.
The detailed version
- Azzarmi v. Neubauer · No. 7:20-cv-09155
- Kenneth Karas
- May 19, 2021
Background
Aasir Azzarmi filed an application seeking reconsideration of the decision to designate this action as related to Azzarmi v. Catania, No. 20-CV-4712. He asked the court to return the case to the original judge or to the clerk’s office for reassignment. Azzarmi also sought disqualification of the court, asserting that the judge was biased because of an earlier order in the related case and had violated his First Amendment rights.
Related-case designation
The court explained that Rule 13 of the Rules for the Division of Business Among District Judges governs related-case determinations in the Southern District of New York. Those rules concern the court’s internal management and do not give litigants a right to reassignment, even if the rules were not followed. The court nevertheless found no violation of the rules here.
The related case involved a defamation claim arising from Azzarmi’s former employment with Delta Air Lines. This action involved defamation claims against CoventBridge (USA) and Donald Neubauer, who was alleged to have worked for CoventBridge and to have published allegedly defamatory statements to Sedgwick CMS and Jones & Jones. The court noted that Azzarmi had previously asserted claims involving Sedgwick CMS and Jones & Jones based on events leading to his termination from Delta Air Lines. It concluded that this action appeared to arise from the same employment and termination-related events and was appropriately designated as related.
Disqualification request and ruling
The court rejected Azzarmi’s request that the judge be disqualified. It relied on the rule that judicial rulings alone almost never establish judicial bias or partiality, and it found Azzarmi’s bias allegations baseless. Judge Kenneth M. Karas denied the application and directed the Clerk of Court to terminate it. The order did not decide the merits of the defamation claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.