Doe 1 et al v. Uber Technologies, Inc.

Filing 42

ORDER by Judge Yvonne Gonzalez Rogers granting 41 Plaintiffs' Motion to Proceed Using Pseudonyms. (fs, COURT STAFF) (Filed on 4/5/2018)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JANE DOE 1, ET AL., 7 Plaintiffs, 8 vs. CASE NO. 17-cv-06571-YGR ORDER GRANTING PLAINTIFFS' REQUEST TO PROCEED USING PSEUDONYMS Re: Dkt. No. 41 9 10 UBER TECHNOLOGIES, INC., Defendant. United States District Court Northern District of California 11 Plaintiffs Doe 1 and Doe 2 have filed a motion to proceed using pseudonyms as to 12 additional plaintiffs named in their First Amended Complaint, specifically using the pseudonyms 13 “Jane Doe 3,” “Jane Doe 4,” “Jane Doe 5,” “Jane Doe 6,” “Jane Doe 7,” “Jane Doe 8” and “Jane 14 Doe 9.” (Dkt. No. 41.) No opposition to the motion has been filed 15 In the Ninth Circuit, parties are permitted to use pseudonyms in the unusual case when 16 nondisclosure of the party’s identity is necessary to protect the party from harassment, injury, 17 ridicule or personal embarrassment. Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 18 1067–68 (9th Cir. 2000). District courts determine the need for anonymity by evaluating a variety 19 of factors: (1) the severity of the threatened harm, (2) the reasonableness of the anonymous party’s 20 fears; and (3) the anonymous party’s vulnerability to such retaliation. Id. In so doing, a district 21 court must exercise its powers to manage pretrial proceedings and to issue protective orders 22 limiting disclosure of the party’s name to preserve the party’s anonymity to the greatest extent 23 possible without prejudicing the opposing party’s ability to litigate the case. Id. at 1069. 24 Here, the parties seeking to proceed pseudonymously allege that they were sexually 25 assaulted by drivers affiliated with defendant. The Court finds the nature of the allegations to be 26 highly sensitive, with a high propensity for adverse emotional and psychological impact. 27 Therefore, proceeding by way of pseudonyms is appropriate under the circumstances. 28 Plaintiffs shall submit a supplement to the complaint, to be filed under seal consistent with 1 the Local Rules, providing the true identities of the parties proceeding pseudonymously, and shall 2 serve such supplement on defendants. The parties shall keep the true identities of the plaintiffs 3 confidential absent further order of the Court. 4 This terminates Docket No. 41. 5 IT IS SO ORDERED. 6 Dated: April 5, 2018 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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