New Sensations, Inc v. Does 1-1745

Filing 28

ORDER STRIKING ANONYMOUS MOTION TO DISMISS re #13 MOTION to Dismiss the Complaint Pursuant to FRCP 12(B)(2), or in the Alternative, to Drop Doe #733 Pursuant to FRCP 21, And to Quash Plaintiff's Subpoena filed by Doe 733, #25 Renotice motion hearing, filed by Doe 733. Signed by Judge Alsup on June 23, 2011. (whalc1, COURT STAFF) (Filed on 6/23/2011) Modified on 6/23/2011 (wsn, COURT STAFF). (Additional attachment(s) added on 6/23/2011: #1 Certificate of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NEW SENSATIONS, INC., a California
corporation,
Plaintiff,

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ORDER STRIKING
MOTION TO DISMISS

v.
DOES 1–1745,
Defendants.
/

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For the Northern District of California

United States District Court

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No. C 10-05863 WHA

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On June 22, 2011, an anonymous defendant noticed a motion to dismiss the complaint,

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which names only Doe defendants. The litigant identifies himself or herself only as “Defendant

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Doe #733.” Because “Defendant Doe #733” has disclosed no identifying information, there is no

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way to determine whether the motion was filed by a real party in interest or a stranger to the

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litigation. As such, the filing is improper. The clerk shall STRIKE Dkt. Nos. 25 and 13.

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If “Defendant Doe #333” wishes to appear in this action anonymously or otherwise, he or

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she must follow the proper procedures for doing so. At a minimum, the Court and the parties

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must be informed of the litigant’s identity. If the litigant wishes to protect his or her identity from

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the public, the litigant may use a pseudonym in public filings only after receiving permission for

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good cause shown. Counsel are advised that the Ninth Circuit court of appeals allows the use of

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pseudonyms only in the most unusual cases. See, e.g., Does I thru XXIII v. Advanced Textile

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Corp., 214 F.3d 1058, 1067–68 (9th Cir. 2000).

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IT IS SO ORDERED.

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Dated: June 23, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE