Doe v. Stanford University

Filing 9

ORDER by Magistrate Judge Howard R. Lloyd granting 3 plaintiff's Motion to Proceed under Pseudonym. (hrllc2, COURT STAFF) (Filed on 5/5/2016)

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Case 5:16-cv-02228-HRL Document 9 Filed 05/05/16 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 JOHN DOE, Plaintiff, 13 v. 14 15 STANFORD UNIVERSITY, Defendant. 16 17 Case No. 5:16-cv-02228-HRL ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED UNDER PSEUDONYM Re: Dkt. No. 3 In this lawsuit, plaintiff John Doe claims that he was falsely accused of rape and wrongly 18 disciplined while he was a student at Stanford University. Given the explicit allegations contained 19 in the complaint, he moves for leave to proceed anonymously, arguing that he reasonably fears 20 ridicule, harassment, as well as retaliation in seeking employment, educational opportunities, and 21 housing. 22 Ordinarily, pleadings must identify the parties to a suit. Fed. R. Civ. P. 10(a). 23 Nevertheless, “a party may preserve his or her anonymity in judicial proceedings in special 24 circumstances when the party’s need for anonymity outweighs prejudice to the opposing party and 25 the public’s interest in knowing the party’s identity.” Does I through XXIII v. Advanced Textile 26 Corp., 214 F.3d 1058, 1068 (9th Cir. 2000). In evaluating the need for anonymity, the court 27 considers (1) the severity of the threatened harm, (2) the reasonableness of the anonymous party’s 28 fears, (3) the anonymous party’s vulnerability to retaliation; and (4) the prejudice to the opposing Case 5:16-cv-02228-HRL Document 9 Filed 05/05/16 Page 2 of 3 1 party and whether proceedings may be structured to avoid that prejudice. Id. Additionally, the 2 court “must decide whether the public’s interest in the case would be best served by requiring that 3 the litigants reveal their identities.” Id. 4 Here, the matters raised by the complaint are of a sufficiently sensitive and personal nature 5 such that the use of a pseudonym is appropriate “to protect a person from harassment, injury, 6 ridicule or personal embarrassment.” Id. Plaintiff’s counsel represents to the court that defendant 7 has no objection to plaintiff’s request to proceed anonymously. The gravamen of the complaint is 8 that defendant allegedly did not treat plaintiff fairly in addressing the rape accusation. Non- 9 disclosure of plaintiff’s identity will not obstruct public scrutiny of the issues in this case. Plaintiff’s request to proceed anonymously is granted. 11 United States District Court Northern District of California 10 SO ORDERED. 12 Dated: May 5, 2016 13 14 HOWARD R. LLOYD United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case 5:16-cv-02228-HRL Document 9 Filed 05/05/16 Page 3 of 3 1 5:16-cv-02228-HRL Notice has been electronically mailed to: 2 James Andrew Quadra 3 Rebecca Coll jquadra@quadracoll.com rcoll@quadracoll.com 4 5 6 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 3

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