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Madeline Apollo v. Pennsylvania Convention Center Authority

March 27, 2012

MADELINE APOLLO, PLAINTIFF,
v.
PENNSYLVANIA CONVENTION CENTER AUTHORITY, ET AL., :: DEFENDANTS.



MEMORANDUM/OPINION

Presently before the Court is Plaintiff's Reply to Defendants' Response to Plaintiff's Motion for Disqualification and Recusal of United States District Court Judge Petrese Tucker (Doc. 20),*fn1 and Defendant's Response in Opposition thereto (Doc. 19). After giving full consideration to the arguments set forth therein, as well as upon hearing the parties' arguments in a hearing before this Court on March 19, 2012, the Court will deny Plaintiff's Motion.

I. FACTUAL BACKGROUND

The parties have stipulated to the following facts:

1. Judge Petrese Tucker is the presiding federal district court judge in the matter of Madeline Apollo v. Pennsylvania Convention Center Authority and Ahmeenah Young, Civil Action No. 11-6684.

2. Madeline Apollo and Judge Tucker both sit as Board members of Avenue of the Arts, Inc. ("AAI").

3. Both Apollo and Judge Tucker attended the December 13, 2011 Avenue of the Arts Board meeting.

4. Carol Hunt, Director of Finance for the Pennsylvania Convention Center Authority ("PCCA" or "Convention Center") was also present at that Board meeting and is a member of the AAI Board.

5. Carol Hunt sat next to Judge Tucker at that Board meeting and though they spoke, they did not discuss Madeline Apollo.

6. After that Board meeting, Judge Tucker informed AAI Executive Director, Karen Lewis, that she was the presiding judge in a federal lawsuit filed by Madeline Apollo.

7. Karen Lewis informed the governance committee that Judge Tucker was assigned to a case filed by Madeline Apollo.

8. Judge Tucker did not say to anyone that she felt awkward about her Board service or presiding over the Apollo federal case.

9. Michael Horsey, managing partner of Mitchell and Titus also sits on the AAI Board and was present at the December AAI Board meeting. Mitchell and Titus is the auditor for the Convention Center Authority.

10. Patricia Wellenbach, former Chairwoman of the Board of AAI met with Madeline Apollo at the Union League on February 10, 2012 and gave Madeline Apollo the option of taking a leave of absence from the AAI Board.

11. Patricia Wellenbach would testify that Madeline Apollo said that she would remain on the Board and that she would be filing a motion to recuse Judge Tucker. Madeline Apollo does not agree ...


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