The opinion of the court was delivered by: NEWCOMER
This case involves the distribution of various video cassettes including Half A Loaf of Kung Fu, Joy of Letting Go, Andy Warhol's Dracula, Love and the Midnight Auto Supply, and Sensuous Susanne. See Complaint at para. 8; Distribution Agreement at Exhibit A.
Presently before the Court is defendant Ariel Arazy's motion to disqualify the judge. Defendant bases the motion on two statutes: 28 U.S.C. §§ 144, 455.
Defendant has supported his motion with two affidavits, one completed by the defendant, himself, and one completed by his counsel Robert E. Smith.
A summary of the affidavits follows.
Mr. Arazy stated that Matthew Wax, who is associated with the plaintiff corporations, personally told defendant Arazy that:
1. Judge Newcomer "likes" Mr. Wax. See Declaration of Arazy at para. 4(a);
2. Judge Newcomer stated he would not permit the present action to drag out and would commence a trial in the near future. Id. at P 4(c).
4. Judge Newcomer was "somewhat" aware of Wax's supposed generosity on behalf of children in the Philadelphia area. Id. at P 4(a).
5. Judge Newcomer had refused to permit a California attorney, Mr. Lloyd Robinson, to conduct the trial on behalf of the defendants in a separate case, Wax v. Infante, No. 87-1628 (E.D. Pa. 1987) (and previous related litigation) (hereinafter " Infante litigation"), involving Mr. Wax and the distribution rights of video cassettes. Id. at P 7;
6. Judge Newcomer ruled in favor of Wax in the Infante litigation. Id. at P 8.
Mr. Smith, defendant Arazy's counsel, has averred the following:
1. Wax and Arazy met together at E. Parry Warner's law office on October 1, 1987. See Smith ...