Doe v. Tippecanoe School Corporation et al

Filing 11

OPINION AND ORDER granting 5 Motion to Allow Plaintiff to Proceed by Anonymous Name. Court ORDERS that Plaintiff and her daughter be allowed to proceed in this case as Jane Doe and Jane Doe 2, respectively. The Court ORDERS Plaintiff to file a sealed copy of this motion with both her and her daughters real names and to serve a copy on defense counsel. The Court ORDERS the parties to refrain from disclosing the actual names to any third party unless it is necessary for this litigation. Signed by Magistrate Judge Paul R Cherry on 8/11/15. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JANE DOE, individually and as mother
and natural guardian on behalf of
JANE DOE 2,
Plaintiff,
v.
TIPPECANOE COUNTY SCHOOL
CORPORATION BOARD OF TRUSTEES,
et al.,
DEFENDANTS.

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Cause No.: 4:15-CV-56-RL-PRC

OPINION AND ORDER
This matter is before the Court on a Motion to Allow Plaintiff to Proceed by Anonymous
Name [DE 5], filed on July 6, 2015. No response has been filed, and the time to do so has passed.
Plaintiff represents that she filed this lawsuit on behalf of her minor daughter, Jane Doe 2,
who is a victim of child seduction and sexual abuse at the hands of a former teacher. This lawsuit
seeks damages for the emotional and psychological trauma resulting from this abuse and for sexual
harassment and sexual discrimination. Plaintiff represents that her children still attend Defendants’
schools, and she does not believe that her family’s identity with regard to this is fully known since
Jane Doe and her other children have a different surname than Jane Doe 2. As a result, she is
concerned that, if her real name is used, both Jane Doe 2 and the rest of her children will be subject
to scorn, ridicule, harassment, and even violence.
In light of this, Plaintiff asks that she and her daughter be allowed to proceed in this case as
Jane Doe and Jane Doe 2, respectively, that she be ordered to file a version of this motion with their
actual names under seal, that she be ordered to disclose their actual names to defense counsel, that
the parties be ordered not to disclose the actual names to any third party, except as necessary for this

litigation, and that all documents containing their real names be sealed.
The request is well taken. “[F]ictitious names are allowed when necessary to protect the
privacy of children, rape victims, and other particularly vulnerable parties or witnesses.” Doe v. Blue
Cross & Blue Shield United of Wisconsin, 112 F.3d 869, 872 (7th Cir. 1997). Concealing the names
of the mother and of her daughter who was the victim of child seduction and sexual abuse will likely
protect their privacy as well as the privacy of Plaintiff’s other children.
The Court, noting the lack of objection, GRANTS the Motion to Allow Plaintiff to Proceed
by Anonymous Name [DE 5] and ORDERS that Plaintiff and her daughter be allowed to proceed
in this case as Jane Doe and Jane Doe 2, respectively. The Court ORDERS Plaintiff to file a sealed
copy of this motion with both her and her daughter’s real names and to serve a copy on defense
counsel. The Court ORDERS the parties to refrain from disclosing the actual names to any third
party unless it is necessary for this litigation. All documents filed in this case must use the
anonymous names or redact the names. If a party believes that a document should be filed under
seal, that party must petition the Court for leave to do so pursuant to the Local Rules of this District.

SO ORDERED this 11th day of August, 2015.

s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATE DISTRICT COURT