New Sensations, Inc v. Does 1 - 1474

Filing 46

ORDER by Judge Maria-Elena James striking 42 Motion to Quash; striking 42 Motion to Dismiss as to Doe Defendant #173 (cdnS, COURT STAFF) (Filed on 11/16/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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NEW SENSATIONS, INC.,

No. C 11-2770 MEJ

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Plaintiff,
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v.

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DOES 1-1,474,

Docket No. 42
Defendants.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER STRIKING MOTION TO
QUASH

_____________________________________/
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On November 15, 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 Doe Defendant

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#173. Because Doe #173 has disclosed no identifying information, there is no way to determine

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whether the motion was filed by a real party in interest or a stranger to the litigation. As such, the

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filing is improper. The Clerk of Court shall STRIKE Dkt. Nos. 42 and 43. If Doe #173 wishes to

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appear in this action anonymously or otherwise, he or she must follow the proper procedures for

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doing so. At a minimum, the Court and the parties must be informed of the litigant’s identity. If the

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litigant wishes to protect his or her identity from the public, the litigant may use a pseudonym in

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public filings only after receiving permission for good cause shown. Defendant is advised that the

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Ninth Circuit court of appeals allows the use of pseudonyms only in the most unusual cases. See,

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e.g., Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067–68 (9th Cir. 2000).

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IT IS SO ORDERED.

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Dated: November 16, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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NEW SENSATIONS INC,

Case Number: CV11-02770 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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DOES 1-1474 et al,
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Defendant.
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For the Northern District of California

UNITED STATES DISTRICT COURT

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 16, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Doe 173
c/o Benjamin R. Idziak
2905 Corporate Circle
Flower Mound, TX 75028

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Dated: November 16, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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