Kimberly R. v. Anthem Blue Cross Life and Health Insurance Company

Filing 10

MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Pursuant to Federal Rule of Civil Procedure 10, a complaint must set out the names of all parties to the action. Fed. R. Civ. P. 10(a). "The normal presumption in litigation is that parties must use their real names." Doe v. Kamehameha Sch., 596 F.3d 1036, 1042 (9th Cir. 2010). "[W]hen special circumstances justify secrecy," a party may be permitted to proceed anonymously or use a pseudonym. Does I Thru XXIII v. Adv anced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000). A party, however, must obtain leave from the court in order to proceed under a fictitious name. In the present case, the Complaint does not provide the plaintiffs full or real name. Inst ead, the Complaint only identifies the plaintiff in this action as "Kimberly R." ("Plaintiff"). (See Docket No. 1.) Plaintiff, however, has not sought leave from this Court to proceed in this action under this pseudonym. Acco rdingly, the Court orders Plaintiff to show cause in writing why this action should not be dismissed for failure to comply with Federal Rule of Civil Procedure 10. In the alternative, Plaintiff may file an Amended Complaint listing Plaintiff's full name. Plaintiff's response to this Order shall be filed by March 3, 2014. Failure to timely respond to this Order may result in the dismissal of this action without further notice or the imposition of sanctions. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-732 PA (Ex)

Title

Kimberly R. v. Anthem Blue Cross Life & Health Ins. Co.

Present: The
Honorable

Date

February 18, 2014

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Paul Songco

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS—ORDER TO SHOW CAUSE

Pursuant to Federal Rule of Civil Procedure 10, a complaint must set out the names of all parties
to the action. Fed. R. Civ. P. 10(a). “The normal presumption in litigation is that parties must use their
real names.” Doe v. Kamehameha Sch., 596 F.3d 1036, 1042 (9th Cir. 2010). “[W]hen special
circumstances justify secrecy,” a party may be permitted to proceed anonymously or use a pseudonym.
Does I Thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000). A party, however,
must obtain leave from the court in order to proceed under a fictitious name. See American-Arab AntiDiscrimination Comm. v. Ridge, SA CV 02-1200 AHS (ANx), 2003 U.S. Dist. LEXIS 25100, at *23
(C.D. Cal. Nov. 5, 2003).
In the present case, the Complaint does not provide the plaintiff’s full or real name. Instead, the
Complaint only identifies the plaintiff in this action as “Kimberly R.” (“Plaintiff”). (See Docket No. 1.)
Plaintiff, however, has not sought leave from this Court to proceed in this action under this pseudonym.
Accordingly, the Court orders Plaintiff to show cause in writing why this action should not be
dismissed for failure to comply with Federal Rule of Civil Procedure 10. See Doe v. Rostker, 89 F.R.D.
158, 163 (N.D. Cal. 1981) (“This court has both the duty and the right to ensure compliance with the
Federal Rules and to take action necessary to achieve the orderly and expeditious disposition of cases.”).
In the alternative, Plaintiff may file an Amended Complaint listing Plaintiff’s full name. Plaintiff’s
response to this Order shall be filed by March 3, 2014. Failure to timely respond to this Order may
result in the dismissal of this action without further notice or the imposition of sanctions.
IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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