Free Motion to Transfer/Disqualify/Recuse Judge - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 417

Filed 09/03/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: SEPTEMBER 2, 2004

DEFENDANT MOSTAFA REYAD S MOTION PURSUANT TO 28 U.S.C. 455

Defendant Mostafa Reyad hereby, respectfully requests to Honorable Christopher F. Droney, U.S.D.J. to Disqualify his Honor off this action, pursuant to 28 U.S.C. 455 (b)(3). Defendant affirms that Neither his Honor nor the Defendant would be aware, that the instant action, now before the Court includes the same merits and it is typical action Dismissed on the merits by Judge Droney on August 10, 2001. This Court Dismissed Plaintiff namely IndyMac, Inc. pursuant to Rule 12 (b)(6), that dismissal is with prejudice, final adjudication on the merits. The action now before the Court is upon the same merits as well as all evidence provided at Trial on April 6-7 and 29, 2004, are the same evidence and the same cause of action of the Dismissed IndyMac, Inc. Thus, Judge Droney delivered his published opinion on the case of IndyMac, Inc. Pursuant

to the law cannot be the same Judge on the same case again to adjudicate once

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Case 3:00-cv-00835-CFD

Document 417

Filed 09/03/2004

Page 2 of 3

again upon the same merits his Honor has Ruled and dismissed it on the merits, despite that now Plaintiff s name is IndyMac Mortgage Holdings, Inc. and substituted by IndyMac Bank, F.S.B. It is the same merits and the same transaction or series of the same transaction from two (2) Plaintiff s under the same control and ownership since 1987. Honorable Droney must recuse himself as a matter of law.

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Case 3:00-cv-00835-CFD

Document 417

Filed 09/03/2004

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The Defendant Mostafa Reyad

By: Mostafa Reyad 2077 Center Avenue # 22D Fort Lee, NJ 07024 Day Phone # 203-325-4100 E-mail [email protected]

CERTIFICATION

The Undersigned certifies that he mailed a true and correct copy of this Document to Attorney David Schaefer 271 Whitney Avenue, New Haven, CT 06511 and Hand delivered to Wafa Reyad

Mostafa Reyad

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