What is the test for reassigning a case to a different district judge on remand?

Plaintiffs have requested that we use our supervisory power to reassign this case to a different district judge on remand. We reassign a case to a different district judge in "unusual circumstances." Krechman v. County of Riverside, 723 F.3d 1104, 1111 (9th Cir. 2013). To determine whether such reassignment is appropriate we look to three factors: (1) whether the original judge could "reasonably be expected upon remand to have substantial difficulty in putting out of his or her mind previously-expressed views or findings determined to be erroneous or based on evidence that must be rejected," (2) whether reassignment is advisable to preserve the appearance of justice, and (3) whether reassignment would "entail waste and duplication out of proportion to any gain in preserving the appearance of fairness." Id. at 1111-12.

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