Roe v. City of New York et al

Filing 4

ORDER: Accordingly, IT IS HEREBY ORDERED THAT on or before October 7, 2024, Plaintiff shall file an Amended Complaint properly suing in the names of the individual Plaintiff or this case will be dismissed without prejudice. SO ORDERED. ( Amended Pleadings due by 10/7/2024.) (Signed by Judge Mary Kay Vyskocil on 9/23/2024) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 9/23/2024

JANE ROE,
Plaintiff,
-againstCITY OF NEW YORK, MANNY
GUERRERO Auxiliary Police Officer in his
official capacity, MANNY GUERRERO in
his individual capacity, and JOHN/JANE
DOE POLICE OFFICERS 1–10,

1:24-cv-07093 (MKV)
ORDER

Defendants.
MARY KAY VYSKOCIL, United States District Judge:
On September 18, 2024, Plaintiff filed a Complaint under the pseudonym “Jane Roe”
without first obtaining leave from the Court to do so. [ECF No. 1].
Pursuant to Rule 10(a) of the Federal Rules of Civil Procedure, a “complaint must name
all the parties.” Fed. R. Civ. P. 10(a); see also Fed R. Civ. P. 17(a) (“An action must be prosecuted
in the name of the real party in interest.”). This Rule “serves the vital purpose of facilitating public
scrutiny of judicial proceedings.” Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 188 (2d Cir.
2008). The Second Circuit has admonished that this Rule “cannot be set aside lightly.” Id. at 189.
“The people have a right to know who is using their courts.” Id. (quoting Doe v. Blue Cross &
Blue Shield United, 112 F.3d 869, 872 (7th Cir. 1997)). Indeed, this “right is ‘supported by the
First Amendment.’ ” Doe v. Skyline Automobiles Inc., 375 F. Supp. 3d 401, 404 (S.D.N.Y. 2019)
(quoting Doe v. Delta Airlines, Inc., 310 F.R.D. 222, 224 (S.D.N.Y. 2015)).
But Plaintiff does not request permission to proceed anonymously nor provide any reason
why the Court should permit her to proceed anonymously. Accordingly, IT IS HEREBY
ORDERED THAT on or before October 7, 2024, Plaintiff shall file an Amended Complaint

properly suing in the names of the individual Plaintiff or this case will be dismissed without
prejudice.
SO ORDERED.
_________________________________
MARY KAY VYSKOCIL
United States District Judge

Date: September 23, 2024
New York, NY

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