JOHN DOE, One et al v. Kerry et al

Filing 7

ORDER by Judge Hamilton provisionally granting 4 Motion for Leave to File (pjhlc2, COURT STAFF) (Filed on 2/10/2016)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JOHN DOE #1, et al., 7 8 9 Case No. 16-cv-0654-PJH Plaintiffs, 6 v. JOHN KERRY, et al., ORDER PROVISIONALLY GRANTING LEAVE TO PROCEED UNDER PSEUDONYMS Defendants. 10 United States District Court Northern District of California 11 12 Before the court is the application of plaintiffs John Doe #1, John Doe #2, John 13 Doe #3, and John Doe #4 (collectively, “plaintiffs”) to proceed under pseudonyms and to 14 file under seal. In their complaint, which was filed on February 9, 2016, plaintiffs do not 15 use their actual names, arguing that they are “reasonably concerned that they and their 16 families will face threats of harassment and physical violence, even death, if their true 17 identities are disclosed as a result of their participation in this lawsuit.” 18 The Ninth Circuit has held that “a party may preserve his or her anonymity in 19 judicial proceedings in special circumstances when the party’s need for anonymity 20 outweighs prejudice to the opposing party and the public’s interest in knowing the party’s 21 identity.” Does I through XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1068 (9th Cir. 22 2000). The court then set forth the following factors to be considered: (1) the severity of 23 the threatened harm, (2) the reasonableness of the anonymous party’s fears, and (3) the 24 anonymous party’s vulnerability to such retaliation. Id. After considering those factors, 25 the court “must decide whether the public’s interest in the case would be best served by 26 requiring that the litigants reveal their identities.” Id. 27 In their application, plaintiffs represent that they “are reasonably concerned about 28 the risk of retaliation by the federal government for challenging the International Megan’s 1 Law yet the other circum w, o mstances ju ustifying ano onymity als apply.” P so Plaintiffs pr rovide no 2 support for their concern about gov n vernment re etaliation, but they do l a number of list 3 amples of violent acts against reg v gistered se offenders and note the fact tha the law ex s, at exa 4 cha allenged by this lawsu has alrea “attract ed the attention of loc and state media.” y uit ady cal e 5 Pla aintiffs argu that they “reasonab believe t ue y bly that they wiill suffer em motional and d/or 6 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 7 8 donyms. If, after appe earing in the lawsuit, defendants e application to proceed under pseud 9 tiffs’ reques to procee anonymo st ed ously, the c court will rev visit the issue at that oppose plaint 10 United States District Court Northern District of California 11 me. tim Within seven days of the dat of this or s te rder, plaintif shall file under sea an ffs e al 12 unredacted ve ersion of the complain reflecting plaintiffs’ t nt, g true identiti ies, on the court’s 13 docket. Defendants may reveal pla y aintiffs’ true identities ( any info e (or ormation or 14 dis stinguishing characteristics which could reve their ide g h eal entities) only to attorne litigating y eys g 15 this action on their behalf. Any pers or entit who com to learn of plaintiffs true s son ty mes n s’ 16 ide entities (or any informa a ation or dist tinguishing characteris stics which could reveal their 17 ide entities) by means of, or as a resu of, this liitigation, is ordered no to dissem o ult ot minate such 18 info ormation to any perso or entity not authoriz by the court to rec o on zed ceive such 19 info ormation. 20 Finally, because of the provisional natu of this order, the co will not issue a o ure ourt t 21 bla anket order allowing pl laintiffs to fi other do ile ocuments under seal. Plaintiffs m may 22 continue to re to them efer mselves as “John Doe” in docume “ ” ents filed wi the cour and may ith rt, 23 red dact their na ames wher appropria but the must see leave to f the entirety of any re ate, ey ek file 24 document und seal. der 25 26 27 28 IT IS SO ORDER S RED. Da ated: Febru uary 10, 201 16 __ __________ __________ __________ _______ PH HYLLIS J. H HAMILTON Un nited States District Ju s udge 2

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