Judge Edward M. Chen, a federal district court judge in the Northern District of California demonstrated very real bias during a hearing in 2017. He was unaware that the hearing was being recorded. He had an obligation to recuse himself going back as far as 2016. He didn’t because the defendants in the case have him under their control. (Namely Chubb Insurance Group)
Chen was presiding over a routine case management conference in the lawsuit Paul Somers v. Digital Realty & Ellen Jacobs. Typically, a court reporter scheduled to at the hearing to capture everything stated by the judge and both parties. For reasons that are now clear, Chen refused to have a record made of the hearings because Plaintiff, Paul Somers, appeared in court without a lawyer. The reason Somers didn’t have a lawyer at the hearing is because Digital Realty and their lawyers had induced each one to quit.
Here’s what Chen said in open court during a CMC hearing to Digital Realty’s lawyer:
“I mean the first opportunity is often a motion to dismiss under Rule 12, but we’re beyond that at this point so normally we reserve that and once I reset the schedule, um ah, hopefully at that point you’ll move for summary judgment…”Judge Edward M. Chen, July 29, 2017.
He tries to correct himself but it’s too late:
“um ah, hopefully at that point you’ll move for summary judgment…it sounds like you’re going to move for summary judgment and that will probably happen as a series of motions at that point.Judge Edward M. Chen, July 29, 2017.
Chen didn’t know he was being recorded. Since the recording was discovered a great deal of evidence has been located proving Chen is engaged in case-fixing with Digital Realty by way of its lawyers.
Thanks to the anonymous source for the recording.