A Lubbock, Texas, retailer who faces paying more than $3 million in damages to Texas Tech University for trademark infringement and breach of contract is seeking to recuse the federal judge who ruled in Tech’s favor.

On Nov. 28, John Spiegelberg, doing business as Red Raider Outfitters (RRO), filed a motion to recuse U.S. District Judge Sam Cummings of Lubbock from Texas Tech University v. Spiegelberg on the basis of Cummings’ close ties to Texas Tech. An appendix filed in support of Spiegelberg’s motion shows that he hired a private investigator to look into Cummings’ connections to the university.