Malibu Media, LLC v. John Does 1-23
Filing
29
MINUTE ORDER denying without prejudice 24 The Motion to Quash Subpoena and/or Sever Does Due to Improper Joinder filed by Defendant "John Doe," by Magistrate Judge Michael E. Hegarty on 6/4/2012. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00836-MSK-MEH
MALIBU MEDIA, LLC,
Plaintiff,
v.
JOHN DOES 1-23,
Defendants.
MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on June 4, 2012.
The Motion to Quash Subpoena and/or Sever Does Due to Improper Joinder filed by
Defendant “John Doe” [filed May 14, 2012; docket #24] is denied without prejudice for failure
to comply with Fed. R. Civ. P. 11(a), which states in pertinent part,
Every pleading, written motion, and other paper must be signed by at least one
attorney of record in the attorney’s name – or by a party personally if the party is
unrepresented. The paper must state the signer’s address, email address, and
telephone number.
From the content of the present motion, the Court infers that the present Defendant John Doe seeks
to proceed in this litigation anonymously. However, he has failed to properly seek permission from
the Court to do so.1 See K-Beech, Inc. v. Does 1-29, 826 F. Supp. 2d 903, 905 (W.D.N.C. 2011)
(noting that a party who wishes to proceed anonymously may overcome the presumption against
anonymous proceedings by filing a well-reasoned motion to proceed anonymously); see also West
Coast Prods., Inc. v. Does 1-5829, 275 F.R.D. 9, 12 (D.D.C. 2011) (“federal courts generally allow
parties to proceed anonymously only under certain special circumstances when anonymity is
necessary to protect a person from harassment, injury, ridicule or personal embarrassment”).
Therefore, if Defendant John Doe wishes to re-file his motion in accordance with this order and all
applicable local and federal court rules, he may do so on or before June 25, 2012 and must first (or
contemporaneously) file a motion to proceed anonymously and provide to the Court his name,
1
Although Defendant requests permission to file the motion “without revealing [his]
personally identifying information,” such unsupported request fails to comply with D.C. Colo.
LCivR 7.1C (“a motion ... shall be supported by a recitation of legal authority incorporated into the
motion”) and the law cited herein.
address, and telephone number in accordance with Rule 11(a).2 If Defendant wishes to keep his
identifying information confidential, he may file the motion (and any other motion or document
containing such information filed in this case) with a request to file under restriction pursuant to the
procedure set forth in D.C. Colo. LCivR 7.2. The Court may strike any motion or other filing that
deviates from the requirements of this order or from those set forth in the applicable local or federal
rules.
The Clerk of the Court is directed to send a copy of this order to the only contact information
provided by this Defendant, his email address at coloradojohndoe@gmail.com.
2
In addition to compliance with Rule 11, the Court also notes the necessity of having such
information for the proper and efficient management of its docket.
2
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