Doe v. Daniels et al

Filing 9

OPINION AND ORDER denying 2 leave to proceed under a fictitious name; denying 3 Motion for Leave to File a long complaint; denying 4 application to proceed without prepaying fees or costs ; denying 5 Motion for for injunctive relief; denying 6 Motion to make case public. The plaintiff shall have 14 days from the date of this order to amend his complaint to ratify, join, or substitute the real party in interest, and to pay the $400.00 filing fee or file an application to proceed without prepayment of fees or costs verified by the real party in interest. Signed by Judge Robert L Miller, Jr on 10/2/13. cc: John Doe a/k/a Jane Doe(mc) Modified on 10/3/2013 (mc).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JON M. DOE, also known as,
JANE F. DOE,
Plaintiff
v.
MITCH DANIELS, et al.,
Defendants

)
)
)
)
)
)
)
)
)
)

CAUSE NO. 2:13-CV-307 RLM

OPINION AND ORDER
Plaintiff brought suit in the name of John Doe/Jane Doe under various
federal laws challenging the denial of promotion and tenure at Purdue University
Calumet. His motions to file the case under seal, to file a long complaint, to
proceed without prepayment of fees or costs, for injunctive relief, and to make
case public currently pend before the court.
Fed. R. Civ. P. 17 provides, however, that “[a]n action must be prosecuted
in the name of the real party in interest,” and is subject to dismissal if, after a
reasonable time has been allowed, the real party in interest hasn’t ratified, joined,
or been substituted into the action. The court can, in the exercise of its discretion,
allow a party to proceed under an assumed or fictitious name, but only in
exceptional cases “where the party has a privacy right so substantial as to
outweigh the ‘customary and constitutionally-embedded presumption of openness
in judicial proceedings.’” Doe v. Indiana Black Expo, Inc., 923 F.Supp. 137, 139
(S.D. Ind. 1996) (quoting Doe v. Frank, 951 F.2d 320, 324 (11th Cir. 1992); see

also M.M. v. Zavaras, 139 F.3d 798, 801 (10th Cir. 1998); National Commodity &
Barter Ass’n v. Gibbs, 886 F.2d 1240, 1245 (10th Cir. 1989).
In this case, the plaintiff’s complaint, application to proceed in forma
pauperis, and various other motions, were filed in the name of “Jon M. Doe a/k/a
Jane F. Doe.” Although the plaintiff asserts in his motion to file under seal, that
privacy is needed because “students are involved” and the “plaintiff inherits
tremendous liability for future employment” in such a case, he/she hasn’t sought
leave of court to proceed under an assumed or fictitious name and hasn’t
identified a significant privacy interest that would warrant an exception to the
rules of procedure, or outweigh the public’s interest in open proceedings, and has
since moved to make the case public, mooting the motion to seal.
For the foregoing reasons, leave to proceed under a fictitious name is
DENIED, as are plaintiff’s motion to seal [Doc. No. 2], motion to file a long
complaint [Doc. No. 3], application to proceed without prepaying fees or costs,
motion for injunctive relief [Doc. No. 5], and motion to make case public [Doc. No.
6]. The plaintiff shall have 14 days from the date of this order to amend his
complaint to ratify, join, or substitute the real party in interest, and to pay the
$400.00 filing fee or file an application to proceed without prepayment of fees or
costs verified by the real party in interest. If the plaintiff doesn’t respond by that
date, this case will be dismissed without further notice for failure to prosecute in
the name of the real party in interest and/or for non-payment of the filing fee.
SO ORDERED.
2

ENTERED:

October 2, 2013

/s/ Robert L. Miller, Jr.
Judge
United States District Court

3