IN THE UNITED STATES DISTRICT COURT 

OF OREGON 

ANDREA OLSON 

(PLAINTIFF) 

v. 

MBO PARTNERS INC 

(DEFENDANT) 

AT PORTLAND 

CASE NO 3:15-CV-2216-SI 

Motion for Recusal 

Andrea Olson (Olson), Plaintiff, in the above-captioned case, respectfully moves that the 

United States District Court Judge Michael H. Simon (Judge Simon) recuse himself from this 

case on the following grounds: 

28 U.S. Code§ 455 (a) Any justice, judge, or magistrate judge of the United States shall 

disqualify himself in any proceeding in which his impartiality might reasonably be questioned. 

1) Judge Simon has substantial involvement in community organizations such as the 

American Civil Liberties Union (ACLU) of Oregon and Classroom Law Project. Judge Simon 

serves on the Board of Directors for Classroom Law Project along with the Defendant's law 

firm, Davis Wright and Tremaine LLP. Honorable Simon's past employer, Perkins Coie LLP is 

also listed as a board member and a sponsor. 

28 U.S. Code§ 455 (5) He or his spouse, or a person within the third degree of 

relationship to either of them, or the spouse of such a person: 

(iii) Is known by the judge to have an interest that could be substantially affected by the 

outcome of the proceeding; Judge Michael H Simon is married to Congresswoman Suzanne 

Bonamici who has an interest in Energy Issues. Most recently, Congresswoman Bonamici 

supported the Energy and Water Development and Related Agencies Appropriations Act, 2017 

which provides appropriations for the Power Marketing Administrations, including the 

Bonneville Power Administration (BPA) Fund. In addition, she personally participated in a 

reenactment of President Franklin D. Roosevelt signing the Bonneville Project Act that created 

BPA, which was part of a 75th year celebration held September 15, 2012 at the Bonneville Lock 

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Case 3:15-cv-02216-HZ Document 29 Filed 07/26/16 Page 1 of 5
and Dam. This event was attended by thousands. Bonneville Power Administration (BPA) is a 

party in this case but the federal Equal Employment Opportunity Commission (EEOC) process 

administratively prevents Olson from amending this case adding BP A at this writing. 

Oregon Code of Judicial Conduct RULE 3 IMPARTIAL AND DILIGENT 

PERFORMANCE OF JUDICIAL DUTIES 

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Rule 3.2 Ensuring the Right to be Heard -A judge shall accord to every person who has a 

legal interest in a proceeding, or to that person's lawyer, the right to be heard according to law. 

Judge Simon is aware that due to Olson's medical condition/disability, Olson is unable to 

represent as prose. Olson had verbally requested the court's assistance in obtaining counsel for 

months and was granted several extensions to allow more time for Olson to obtain legal counsel. 

After being turned down again close to the date of Judge Simons's last extension with no further 

ones permitted, Olson again requested help via letter to Judge Simon's court clerk on June 30, 

2016. Olson's medical condition/disability was and is still impacting Olson's ability to represent 

prose. Without Judge Simon or his staff engaging with Olson in the interactive process, her 

request for help was denied. Under the law, a request for reasonable accommodation does not 

require the specific words to be used. In his denial, Judge Simon stated he didn't think Olson's 

case was so complex that Olson could not represent herself. This is not true. Olson's case is 

very complex and Olson is still in need of legal counsel/help. In addition, Judge Simon 

referenced indigence. Olson's letter dated June 30, 2016 did not indicate indigent status. 

Olson's right to be heard was not ensured by Judge Simon. 

Rule 3.3 Impartiality and Fairness - (A) A judge shall uphold and apply the law and 

perform all duties of judicial office, including administrative duties, fairly, impartially, and 

without bias or prejudice. Judge Simon denied Olson counsel. And as stated in the opening 

paragraph, Judge Simon is on the Classroom Law Project's Board of Directors, a position shared 

by his former employer and the Defendant's law firm, making his involvement in Olson's case a 

conflict of interest. 

C) A judge shall not take any action or make any comment that a reasonable person 

would expect to impair the fairness of a matter pending or impending in any Oregon court. It has 

been documented that it is not a violation of this rule for a judge to make reasonable 

accommodations to ensure pro se litigants the opportunity to have their matters heard fairly and 

impartially. Further, it is Olson's understanding that Oregon has a rule-based code, meaning that 

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Case 3:15-cv-02216-HZ Document 29 Filed 07/26/16 Page 2 of 5
if it is not prohibited, it is allowed. Judge Simon took action on Olson's request for help finding 

legal counsel by denying Olson's request without engaging with Olson in an interactive process. 

Rule 3.4 External Influences on Judicial Conduct - (B) A judge shall not permit family, 

social, political, financial, or other interests or relationships to improperly influence the judge's 

judicial conduct or judgment. Judge Michael Simon is married to Congresswoman Suzanne 

Bonamici and she holds an active interest in Energy Issues. 

Petitioner respectfully moves that the Honorable Michael H. Simon remove and 

disqualify himself as judge, and another judge assigned to hear and try all matters in this case. 

Respectfully submitted, 

(space below this line intentionally left blank) 

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Case 3:15-cv-02216-HZ Document 29 Filed 07/26/16 Page 3 of 5
Affidavit of Andrea Olson 

STATE OF OREGON 

COUNTY OF MULTNOMAH 

The undersigned, ANDREA OLSON, being duly sworn, hereby deposes and says: 

1. I am over the age of 18 and am a resident of the State of Oregon. I have personal knowledge of 

the facts herein, and, if called as a witness, could testify completely thereto. 

2. I am not an attorney and I am still in need of legal counsel. 

3. I believe that I cannot have a fair and impartial trial or hearing before the judge, and that it is 

made in good faith and not for the purpose of delay 

I declare that, to the best of my knowledge and belief, the information herein is true, correct, and 

complete. 

Executed this 1 (., ~ day of __ ~_1.-1_(.;l'+O=----' 20 I ~ . 

d~ 

Andrea Olson 

NOTARY ACKNOWLEDGEMENT 

STATE OF OREGON, COUNTY OF MULTNOMAH: 

This Affidavit was acknowledged before me on this 2 (., ei- day of T v.. hf , 2 o I G. by 

Andrea Olson, who, being first duly sworn on oath according to law, deposes and says that he/she has 

read the foregoing Affidavit subscribed by him/her, and that the matters stated herein are true to the 

best of his/her information, knowledge and belief. 

OFFICIAL STAMP 

ROBERT BENJAMIN FALCHI 

NOTARYPUBIJC.OREGON 

COMMISSION NO. 950391 

MY COMMISSION EXPIRES MAY 09, 2020 

Motary Public 

&Y3ovval f!>a11ke-r-JT 

Title (and Rank) 

My commission expires 0 ~ / o 1/2--0 Z-o 

., 

' ' ,. 

Case 3:15-cv-02216-HZ Document 29 Filed 07/26/16 Page 4 of 5
CERTIFICATE OF SERVICE 

On July 26, 2016, I, Andrea Olson, Plaintiff, am serving Plaintiffs Motion for Recusal handdelivered to 7th floor for Honorable Michael H. Simon as well as email and regular U.S. Mail to 

Ms. Mooney and Ms. Walker: 

Hand-delivered to 'Jfh floor: 

Honorable Michael H. Simon 

Mark 0. Hatfield United States Courthouse 

Room 1327 

1000 Southwest Third A venue 

Portland, OR 97204-2944 

Email and Regular U.S. Mail: 

Jenna L. Mooney, Esq. 

jennamooney@dwt.com 

Kalia Walker, Esq. 

kaliawalker@dwt.com 

Davis Wright Tremaine, LLP 

1300 SW Fifth Avenue, Suite 2400 

Portland, OR 97201-5610 

Andrea Olson 

Case 3:15-cv-02216-HZ Document 29 Filed 07/26/16 Page 5 of 5