G. v. The Four Winds Society, Inc et al

Filing 13

NOTICE AND ORDER TO SHOW CAUSE by Magistrate Judge Steven C. Yarbrough. (kfo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
M.G.,
Plaintiff,
vs.

Civ. No. 24-758 JMR/SCY

THE FOUR WINDS SOCIETY, INC. and
THE CHI CENTER, INC.,
Defendants.
NOTICE AND ORDER TO SHOW CAUSE
This matter comes before the Court sua sponte. Plaintiff filed her complaint in state court
under the initials “M.G.” Doc. 1-1 at 1. Defendant The Four Winds Society, Inc. removed this
action to federal court citing diversity jurisdiction. Doc. 1. Thus, federal procedural rules apply.
Proceeding anonymously is not contemplated by the Federal Rules of Civil Procedure. See Luo v.
Wang, 71 F.4th 1289, 1296 (10th Cir. 2023) (“there is no legal right in parties to be allowed
anonymity”) (cleaned up). Rather, Rule 10(a) requires that the title of a complaint “name all the
parties,” and Rule 17(a) prescribes that “[a]n action must be prosecuted in the name of the real
party in interest.”
Nonetheless, the Tenth Circuit has recognized that there may be cases in which
“exceptional circumstances” warrant permitting a party to proceed anonymously. Femedeer v.
Haun, 227 F.3d 1244, 1246 (10th Cir. 2000).
Lawsuits are public events. A plaintiff should be permitted to proceed
anonymously only in exceptional cases involving matters of a highly sensitive and
personal nature, real danger of physical harm, or where the injury litigated against
would be incurred as a result of the disclosure of the plaintiff’s identity. The risk
that a plaintiff may suffer some embarrassment is not enough.
Femedeer, 227 F.3d at 1246 (quoting Doe v. Frank, 951 F.2d 320, 324 (11th Cir. 1992)).
Whether a plaintiff may proceed anonymously is subject to the discretion of the trial

court. Zavaras, 139 F.3d at 802. In exercising that discretion, the court must “weigh[] the
plaintiff’s claimed right to privacy against the countervailing public interest.” Id. at 803. The
public has an “important interest in access to legal proceedings.” Femedeer, 227 F.3d at 1246.
Moreover, without a party’s name in the public record, “it is difficult to apply legal principles of
res judicata and collateral estoppel.” Id. “Ordinarily, those using the courts must be prepared to
accept the public scrutiny that is an inherent part of public trials.” Id. “A plaintiff should not be
permitted to proceed under a pseudonym unless the need for anonymity outweighs the public
interest in favor of openness.” Raiser v. Brigham Young Univ., 127 F. App’x 409, 411 (10th Cir.
2005).
The Tenth Circuit has stated that “[w]hen a party wishes to file a case anonymously or
under a pseudonym, it must first petition the district court for permission to do so.” W.N.J. v.
Yocom, 257 F.3d 1171, 1172 (10th Cir. 2001) (citing Nat’l Commodity & Barter Ass’n, 886 F.2d
at 1245). If the court grants permission, the court often requires the plaintiff to disclose his or her
real names to defendants and to the court, but otherwise to be kept under seal. Id. If the court
does not grant permission, it may “lack jurisdiction over the unnamed parties, as a case has not
been commenced with respect to them.” Id.
IT IS THEREFORE ORDERED that Plaintiff must show cause in writing within 14 days
of the date of this Order why her full name should not be fully disclosed in public filings with the
court.
SO ORDERED.
_____________________________________
STEVEN C. YARBROUGH
UNITED STATES MAGISTRATE JUDGE

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