Climer et al v. Cox et al

Filing 50

ORDER. Signed by Magistrate Judge Jane M. Virden on 11/19/18. (bfg)

IN THE UNITED STATES DISTRICT COURT  
FOR THE NORTHERN DISTRICT OF MISSISSIPPI  
OXFORD DIVISION 

TIMOTHY CLIMER, STACY CLIMER,
A.C.1 and A.C.2

PLAINTIFFS

V.

CIVIL ACTION NO.: 3:17-CV-251-DMB-JMV  

JOYCE COX, ET AL.

DEFENDANTS

ORDER RESTRICTING ACCESS  
This matter is before the court, sua sponte, to restrict access to the docket as to all docket
entries up to, but not including, today’s date and to direct the parties to refrain from using the
names of the minors in future filings.
Upon weighing the competing interests of the public’s right to information and the
protection of a legal minor, the court finds that this order is necessary protect the privacy of the
minors, as the filings which include the full names of the minor children in this case are so
numerous that the process of sealing each document would be nothing short of chaotic and would,
further, render the docket unworkable.1
Fed. R. Civ. P. 5.2 provides, “unless the court orders otherwise, in an electronic or
paper filing with the court that contains . . . the name of an individual known to be a minor . . . he
filing may include only: . . . (3) the minor’s initials.” Fed. R. Civ. P. 5.2. Moreover, if an
individual’s date of birth must be included in pleadings, only the year should be used. Fed. R. Civ.
P. 5.2.2

1

Under Mississippi law, an individual is a minor until he reaches the age of twenty-one (21) years. Miss. Code Ann.
§ 1-3-27.
2
At least one other document, the state court complaint [2], also includes the full date of birth of the above
referenced minors.

1 

To protect the minors’ privacy, the Clerk is hereby DIRECTED to restrict access to the
docket, as aforesaid, to the parties and the court. The Clerk is further INSTRUCTED to modify
the style of the case to reflect only the initials of the minors. Further, parties are ORDERED to
refrain from using the names of the minors in future filings.
Finally, the court notes that it appears that the minors are without a designated
representative in this case, as required by Fed. R. Civ. P. 17(c).3 Therefore, plaintiffs are hereby
ORDERED to, within three (3) business days of today’s date, file an amended complaint wherein
the minors are represented, in the style and body of the case, by next friend, as required. Thereafter,
the Defendants should, within two (2) business days, file an amended Notice of Removal to reflect
the change.

SO ORDERED, this 19th day of November, 2018.  

s/ Jane M. Virden

UNITED STATES MAGISTRATE JUDGE

3

See Doc. #2 at paras. 7 and 8; Doe v. Holmes Cty. Sch. Dist., 246 So. 3d 920, 924 (Miss. Ct. App. 2018).

2