Doe 157 et al v. Larsen et al

Filing 30

ORDER : IT IS ORDERED THAT:1.John Doe 157, John Doe 158, John Doe 159, and Jane Doe 135s Motion to Proceed Using a Pseudonym [Docket No. 23] is GRANTED.2.Within seven days of the date of this Order, John Doe 157, John Doe 158, John Doe 159, and Jane Doe 135 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 157 and John Doe 158, by and
through their Guardians, John Doe 159 and
Jane Doe 135,
Plaintiffs,
v.

Civil No. 10-3754 (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 157, John Doe 158, John Doe 159, and Jane Doe 135 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 157, John Doe 158, John Doe 159, and Jane Doe 135 timely filed a Motion to
Proceed Using a Pseudonym.
According to the Complaint, Gregg Larsen engaged in sexually explicit conduct with
John Doe 157 and John Doe 158, who are minors; 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 157, John Doe 158, John Doe 159, and Jane Doe 135’s Motion
to Proceed Using a Pseudonym. John Doe 157, John Doe 158, John Doe 159, and Jane Doe 135
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 157, John Doe 158, John Doe 159, and Jane Doe 135’s Motion
to Proceed Using a Pseudonym [Docket No. 23] is GRANTED.

2.

Within seven days of the date of this Order, John Doe 157, John Doe 158,
John Doe 159, and Jane Doe 135 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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