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15-3572 - Shannon Volling, et al v. Kurtz Paramedic Services, Inc.


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15-3572 - Shannon Volling, et al v. Kurtz Paramedic Services, Inc.
October 19, 2016
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Filed opinion of the court by Judge Flaum. Finally, plaintiffs move for this Court to assign the case to a new district judge pursuant to Circuit Rule 36. This Court has invoked Circuit Rule 36 “to avoid the operation of bias or mindset which seems likely to have developed from consideration and decision of motions to dismiss or … the like.” CMFG Life Ins. V. RBS Sec., Inc., 799 F.3d 729, 750 (7th Cir. 2015) (quoting Cange v. Stotler & Co., 913 F.2d 1204, 1208 (7th Cir. 1990)). We see no indication of bias and are confident that upon remand the district court will consider the issues fairly. As such, we see no reason to reassign the case, and deny the request. For the foregoing reasons, we AFFIRM, in part, and REVERSE, in part, the judgment of the district court and REMAND for further proceedings. Joel M. Flaum, Circuit Judge; Daniel A. Manion, Circuit Judge and David F. Hamilton, Circuit Judge. [6791335-1] [6791335] [15-3572]