The defendants in Monique da Silva Moore, et al. v. Publicis Group SA, et al. (Case No. 11-CV-1279), on April 30 filed a formal opposition to the plaintiffs’ motion to recuse or disqualify Magistrate Judge Andrew Peck. The defendants (“MSL”) have also requested that the court award attorneys’ fees and costs incurred in filing their motion.
Judge Andrew Carter of the U.S. District Court for the Southern District of New York last week approved Judge Peck’s order for an e-discovery protocol, which included the use of predictive coding methods in Recommind’s Axcelerate. Plaintiffs had filed a motion on April 13 with a supporting memorandum including 200 pages of exhibits requesting Peck recuse himself from the case on grounds that his statements and conduct warrant removal under Title 28 U.S. Code Sec. 455(a), which provides that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
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