John Doe K v. Larsen et al

Filing 31

ORDER: IT IS ORDERED THAT:1.John Doe K, John Doe KT, and Jane Doe LTs Motion to Proceed Using a Pseudonym [Docket No. 24] is GRANTED.2.Within seven days of the date of this Order, John Doe K, John Doe KT, and Jane Doe LT shall file under seal an affidavit that discloses their true names.(Written Opinion) Signed by Judge Joan N. Ericksen on December 29, 2011. (slf)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
John Doe K, by and through his guardians,
John Doe KT and Jane Doe LT,
Plaintiff,
v.

Civil No. 10-2152 (JNE/SER)
ORDER

Gregg Alan Larsen et al.,
Defendants.
“Every pleading must have a caption with . . . a title . . . . The title of the complaint must
name all the parties . . . .” Fed. R. Civ. P. 10(a). Nevertheless, a plaintiff may proceed
anonymously under certain circumstances. See, e.g., Doe v. Megless, 654 F.3d 404, 408-11 (3d
Cir. 2011); Plaintiff B v. Francis, 631 F.3d 1310, 1315-19 (11th Cir. 2011). When they brought
this action, John Doe K, John Doe KT, and Jane Doe LT neither sought nor received leave to
proceed anonymously. On December 9, 2011, the Court stated that it would dismiss this action
without prejudice unless they moved to proceed anonymously within seven days. John Doe K,
John Doe KT, and Jane Doe LT timely filed a Motion to Proceed Using a Pseudonym.
According to the Complaint, Gregg Larsen engaged in sexually explicit conduct with
John Doe K, who is a minor; created visual depictions of the conduct; and placed the sexually
explicit images on the Internet. Under the facts and circumstances of this case, the Court grants
John Doe K, John Doe KT, and Jane Doe LT’s Motion to Proceed Using a Pseudonym. John
Doe K, John Doe KT, and Jane Doe LT shall file under seal within seven days of the date of this
Order an affidavit that discloses their true names. See W.N.J. v. Yocom, 257 F.3d 1171, 1172
(10th Cir. 2001).

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Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.

John Doe K, John Doe KT, and Jane Doe LT’s Motion to Proceed Using a
Pseudonym [Docket No. 24] is GRANTED.

2.

Within seven days of the date of this Order, John Doe K, John Doe KT,
and Jane Doe LT shall file under seal an affidavit that discloses their true
names.

Dated: December 29, 2011
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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