Magistrate Judge Marty Fulgueria Elfenbein Rejects Recusal Request Over Friedmans Connections

The case, filed by Fontainebleau Florida Hotel, LLC against Rabbi Shmuley Boteach, moved to federal court where Magistrate Judge Marty Fulgueria Elfenbein handled pre-trial matters. At a September 30, 2025 discovery hearing, she disclosed a friendship with Lindsey Lazopoulos Friedman, the wife of plaintiff’s counsel, noting no conflict. Nearly a year later, the defendant sought her recusal, citing five facts: joint prosecutions as U.S. attorneys, the spouse’s role on the magistrate merit selection panel that appointed the judge, joint synagogue leadership, and shared committee service.

Judge Elfenbein found the request untimely, stating the party waited for adverse rulings before moving to disqualify her. She argued that former professional ties, community involvement, or committee memberships are common among judges and do not, by themselves, create an appearance of bias. The decision underscores that judges are not required to isolate themselves from ordinary legal and social networks.