Natour v. BANK OF AMERICA, N.A.
4:21-cv-00331
E.D. Tex.Jul 18, 2024Background
- In March 2023, the court entered final judgment dismissing all of Plaintiffs' claims against Data Payment Systems, Inc. (DPS), ordering attorney's fees to DPS.
- In January 2024, attorney's fees of $190,661.40 were awarded to DPS; no supersedeas bond was filed to stay the judgment.
- DPS applied for and received a writ of execution in May 2024 to enforce the judgment.
- Plaintiffs filed several emergency motions in June 2024, seeking to stop execution, vacate orders, and disqualify the judge for alleged bias.
- The court stayed execution temporarily, ordered briefing, then denied all of Plaintiffs' motions after expedited review.
- Plaintiff Natour, under penalty of perjury, asserted judicial bias based on various actions in the case, moving for disqualification of the presiding judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Court's rulings/decisions show bias | Judge acted with animosity over objections | Plaintiffs failed to allege specific, extrajudicial facts | Insufficient for disqualification |
| Whether lack of notice on writ of execution is bias | Ex parte proceeding, deprived Plaintiffs of due process | Notice not required by statute or precedent | No bias/disqualification required |
| Whether delay in ruling on motions shows bias | Delay on emergency motions showed prejudice | Motions were ruled on within hours or days | No bias; prompt rulings were made |
| Personal bias against attorney justifies removal | Clear animosity towards counsel Mosser | Allegations lack personal, non-judicial specificity | No personal, extrajudicial bias shown |
Key Cases Cited
- United States v. Grinnell Corp., 384 U.S. 563 (disagreements over judicial rulings insufficient for judicial bias)
- Endicott-Johnson Corp. v. Encyclopedia Press, 266 U.S. 285 (notice not required before post-judgment execution proceedings)
- Liteky v. United States, 510 U.S. 540 (judicial rulings and opinions formed in-case rarely show bias sufficient for disqualification)
- Henderson v. Dep’t of Pub. Safety & Corrs., 901 F.2d 1288 (standards for evaluating judicial bias/recusal)
- Garcia v. City of Laredo, 702 F.3d 788 (failure to promptly rule on motion does not show judicial bias)