Doe v. Trico Community School District No. 176 et al

Filing 31

MEMORANDUM AND ORDER. Plaintiff to file electronically under seal an affidavit. Signed by Judge J. Phil Gilbert on 1/17/12. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JANE DOE, a Minor, by and Through Jane Doe 2, Her
Mother and Next Friend,
Plaintiff,
Case No. 11-cv-586-JPG-PMF
v.
TRICO COMMUNITY SCHOOL DISTRICT NO. 176, a
corporation, DENNIS SMITH, JOHN DENOSKY,
JERRY OHLAU and MICHAEL JENNINGS,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. The Court notes that
the affidavit submitted in response to the defendants’ motion to dismiss, which has been construed
as a motion for summary judgment, was executed by the plaintiff as “Jane Doe,” not the plaintiff
using her true identity. An affidavit by “Jane Doe” does not provide sufficient guarantees of
truthfulness as contemplated by Federal Rule of Civil Procedure 56(c)(4) or 28 U.S.C. §1746.
Accordingly, the Court ORDERS that plaintiff Jane Doe shall have up to and including January 27,
2012, to file electronically under seal an affidavit executed by her in her own name. The affidavit
shall be docketed using the event “Supplement” and shall be linked to the response to the motion.
IT IS SO ORDERED.
DATED: January 17, 2012
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE