New Sensations, Inc v. Does 1-1745

Filing 56

ORDER STRIKING MOTION TO QUASH SUBPOENAS, DISMISS ACTION, AND VACATE PREVIOUS ORDERS, Order by Hon. William Alsup striking #55 Motion to Quash.(whalc1, COURT STAFF) (Filed on 8/17/2011) (Additional attachment(s) added on 8/17/2011: #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,

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Plaintiff,

For the Northern District of California

United States District Court

ORDER STRIKING
MOTION TO QUASH
SUBPOENAS, DISMISS
ACTION, AND VACATE
PREVIOUS ORDERS

v.
DOES 1–1745,
Defendant.
/

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No. C 10-05863 WHA

On August 16, 2011, an anonymous litigant filed a motion requesting the Court to quash

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all outstanding subpoenas, dismiss the action, and vacate a previous order allowing discovery.

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The anonymous litigant is represented by counsel, who identifies his client only as “Moving

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Defendant 173.76.128.164” (Dkt. No. 55). Because “Moving Defendant 173.76.128.164” has

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disclosed no identifying information, there is no way to determine whether the motion was filed

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by a real party in interest or a stranger to the litigation. As such, the filing is improper.

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Additionally, to the extent the motion contests personal jurisdiction, it is premature, because the

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movant has not yet been named as a defendant in the action. The clerk shall STRIKE Dkt. No. 55.

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If “Moving Defendant 173.76.128.164” wishes to appear in this action anonymously or

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otherwise, he or she must follow the proper procedures for doing so. At a minimum, the Court

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

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her identity from the public, the litigant may use a pseudonym in public filings only after

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receiving permission for good cause shown. The court of appeals, however, 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: August 17, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE