JOHN DOE, One et al v. Kerry et al
Filing
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ORDER by Judge Hamilton provisionally granting 4 Motion for Leave to File (pjhlc2, COURT STAFF) (Filed on 2/10/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN DOE #1, et al.,
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Case No. 16-cv-0654-PJH
Plaintiffs,
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v.
JOHN KERRY, et al.,
ORDER PROVISIONALLY GRANTING
LEAVE TO PROCEED UNDER
PSEUDONYMS
Defendants.
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United States District Court
Northern District of California
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Before the court is the application of plaintiffs John Doe #1, John Doe #2, John
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Doe #3, and John Doe #4 (collectively, “plaintiffs”) to proceed under pseudonyms and to
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file under seal. In their complaint, which was filed on February 9, 2016, plaintiffs do not
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use their actual names, arguing that they are “reasonably concerned that they and their
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families will face threats of harassment and physical violence, even death, if their true
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identities are disclosed as a result of their participation in this lawsuit.”
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The Ninth Circuit has held that “a party may preserve his or her anonymity in
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judicial proceedings in special circumstances when the party’s need for anonymity
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outweighs prejudice to the opposing party and the public’s interest in knowing the party’s
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identity.” Does I through XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1068 (9th Cir.
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2000). The court then set forth the following factors to be considered: (1) the severity of
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the threatened harm, (2) the reasonableness of the anonymous party’s fears, and (3) the
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anonymous party’s vulnerability to such retaliation. Id. After considering those factors,
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the court “must decide whether the public’s interest in the case would be best served by
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requiring that the litigants reveal their identities.” Id.
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In their application, plaintiffs represent that they “are reasonably concerned about
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the risk of retaliation by the federal government for challenging the International Megan’s
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Law yet the other circum
w,
o
mstances ju
ustifying ano
onymity als apply.” P
so
Plaintiffs pr
rovide no
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support for their concern about gov
n
vernment re
etaliation, but they do l a number of
list
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amples of violent acts against reg
v
gistered se offenders and note the fact tha the law
ex
s,
at
exa
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cha
allenged by this lawsu has alrea “attract ed the attention of loc and state media.”
y
uit
ady
cal
e
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Pla
aintiffs argu that they “reasonab believe t
ue
y
bly
that they wiill suffer em
motional and
d/or
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physical harm if their ide
m
entities are made publiic as a resu of this law
ult
wsuit.”
Based on the abo showing the court provisiona GRANT plaintiffs’
ove
g,
t
ally
TS
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donyms. If, after appe
earing in the lawsuit, defendants
e
application to proceed under pseud
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tiffs’ reques to procee anonymo
st
ed
ously, the c
court will rev
visit the issue at that
oppose plaint
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United States District Court
Northern District of California
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me.
tim
Within seven days of the dat of this or
s
te
rder, plaintif shall file under sea an
ffs
e
al
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unredacted ve
ersion of the complain reflecting plaintiffs’ t
nt,
g
true identiti
ies, on the court’s
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docket. Defendants may reveal pla
y
aintiffs’ true identities ( any info
e
(or
ormation or
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dis
stinguishing characteristics which could reve their ide
g
h
eal
entities) only to attorne litigating
y
eys
g
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this action on their behalf. Any pers or entit who com to learn of plaintiffs true
s
son
ty
mes
n
s’
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ide
entities (or any informa
a
ation or dist
tinguishing characteris
stics which could reveal their
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ide
entities) by means of, or as a resu of, this liitigation, is ordered no to dissem
o
ult
ot
minate such
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info
ormation to any perso or entity not authoriz by the court to rec
o
on
zed
ceive such
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info
ormation.
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Finally, because of the provisional natu of this order, the co will not issue a
o
ure
ourt
t
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bla
anket order allowing pl
laintiffs to fi other do
ile
ocuments under seal. Plaintiffs m
may
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continue to re to them
efer
mselves as “John Doe” in docume
“
”
ents filed wi the cour and may
ith
rt,
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red
dact their na
ames wher appropria but the must see leave to f the entirety of any
re
ate,
ey
ek
file
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document und seal.
der
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IT IS SO ORDER
S
RED.
Da
ated: Febru
uary 10, 201
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__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge
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