The court is in receipt of the following motions filed by plaintiff: (1) an ex parte motion for order to show cause, filed December 22, 2010; (2) an ex parte motion for recusal or remedy, filed December 22, 2010; (3) a motion to quash and request to rescind order, filed December 22, 2010; (4) a motion to recuse, filed December 29, 2010, and (5) a motion to enforce subpoenas, filed December 29, 2010. Upon review, THE COURT FINDS AS FOLLOWS:
1. Ex Parte Motion for Order to Show Cause
Plaintiff seeks a hearing on this court's November 16, 2010 order to show cause.
Plaintiff is hereby advised that the matter is deemed submitted on the papers and this motion is denied. The hearing scheduled for January 13, 2011 at plaintiff's request is vacated.
2. Ex Parte Motion for Recusal or Remedy
Plaintiff seeks recusal of the undersigned, as well as a hearing on the court's order to show cause why this action should not be dismissed. For the reasons set forth below, plaintiff's request for recusal is denied. Also, as noted above, the order to show cause is submitted on the papers. Thus, a hearing will not be scheduled.
3. Motion to Quash and Request to Rescind Order
Plaintiff filed a motion to quash defendant's objections to his December 20, 2010 request for subpoenas and this court's December 22, 2010 motion denying the request. Plaintiff filed this motion based upon his subsequent compliance with the court order. Plaintiff's post-facto compliance with an order of the court does not necessitate the rescission of that order. Accordingly, this motion is denied.
Plaintiff brings a motion scheduled to be heard on January 20, 2011 for disqualification of the undersigned pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455(a) and (b)(1).
Section 455 provides in relevant part:
(a) Any . . . judge . . . shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following ...