Patrick Collins, Inc. v. Does 1-2590

Filing 32

ORDER by Judge Maria-Elena James striking 29 Motion to Dismiss (cdnS, COURT STAFF) (Filed on 11/15/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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PATRICK COLLINS, INC.,

No. C 11-2766 MEJ

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Plaintiff,
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v.

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ORDER STRIKING MOTION TO
QUASH/DISMISS
(IP ADDRESS 68.192.118.56)

DOES 1-2,590,
Docket No. 29

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Defendants.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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On November 14, 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 “John Doe” at

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I.P. Address 68.192.118.56. Dkt. No. 29. Because John Doe has disclosed no identifying

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information, there is no way to determine whether the motion was filed by a real party in interest or

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a stranger to the litigation. As such, the filing is improper. The Clerk of Court shall STRIKE Dkt.

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Nos. 29.

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If John Doe wishes to appear in this action anonymously or otherwise, he or she must follow

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the proper procedures for doing so. At a minimum, the Court and the parties must be informed of

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the litigant’s identity. If the litigant wishes to protect his or her identity from the public, the litigant

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may use a pseudonym in public filings only after receiving permission for good cause shown.

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Defendant is advised that the Ninth Circuit court of appeals allows the use of pseudonyms only in

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the most unusual cases. See, e.g., Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058,

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1067–68 (9th Cir. 2000).

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IT IS SO ORDERED.

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Dated: November 15, 2011
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Maria-Elena James
Chief United States Magistrate Judge