Recouvreur v. Carreon
Filing
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ORDER TO FILE MOTION TO PROCEED ANONYMOUSLY. Signed by Judge Nathanael M. Cousins on 7/19/12. (nclc1, COURT STAFF) (Filed on 7/19/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DOE,
Case No. 12-cv-03435 NC
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Plaintiff,
ORDER TO FILE MOTION TO PROCEED
ANONYMOUSLY
v.
CHARLES CARREON,
Defendant.
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Plaintiff filed a complaint for declaratory relief under the pseudonym “Doe.” Compl.,
Dkt. No. 1. In the complaint, plaintiff seeks leave to proceed anonymously “to protect her First
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Amendment right to speak anonymously,” but she provides no additional information or authority
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in support of her request. Id. ¶ 5.
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Absent special circumstances, a party may not proceed anonymously because the “use of
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fictitious names runs afoul of the public’s common law right of access to judicial proceedings . . .
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and Rule 10(a)’s command that the title of every complaint include the names of all the parties.”
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Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000) (citations and
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internal quotation marks omitted). “[A] party may preserve his or her anonymity in judicial
proceedings in special circumstances when the party’s need for anonymity outweighs prejudice to
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Case No. 12-cv-03435 NC
ORDER TO FILE MOTION
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the opposing party and the public’s interest in knowing the party’s identity.” Id. at 1068.
Accordingly, by August 2, 2012, plaintiff must file a motion to proceed under a
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pseudonym that shows why the plaintiff’s need to proceed anonymously outweighs the prejudice
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to defendant Carreon and the public’s interest in knowing plaintiff’s identity. Carreon may file an
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opposition by August 16, 2012. Plaintiff may file a reply by August 23, 2012. After briefing is
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completed, the court may schedule a hearing on the motion if such a hearing is necessary.
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IT IS SO ORDERED.
Date: July 19, 2012
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_____________________
Nathanael M. Cousins
United States Magistrate Judge
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Case No. 12-cv-03435 NC
ORDER TO FILE MOTION
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