Doe, John v. Trump, Donald et al

Filing 14

ORDER re: 8 Motion for Preliminary Injunction; Order granting 2 Motion for Leave to Proceed Anonymously. Signed by District Judge William M. Conley on 2/14/2017. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
JOHN DOE,
Plaintiff,
v.

ORDER
17-cv-112-wmc

DONALD J. TRUMP, as President of the United
States of America; JOHN F. KELLY, as Secretary
of the Department of Homeland Security; THE
DEPARTMENT OF HOMELAND SECURITY;
LORI SCIALABBA, as Acting Director of the U.S.
Citizenship and Immigration Services; U.S.
CITIZENSHIP AND IMMIGRATION SERVICES;
REX W. TILLERSON, as Secretary of State; U.S.
DEPARTMENT OF STATE; and THE UNITED
STATES OF AMERICA,
Defendants.
_________________________________________________________________________________
The court is in receipt of John Doe’s motion for a temporary restraining order,
preliminary injunction and summary judgment. (Dkt. #8.) As with his initial pleading,
plaintiff should effectuate service on defendants as soon as possible. Until then, the
court will at least assume that the United States has actual notice of the complaint and
motion, in light of an Assistant United States Attorney for the Western District of
Wisconsin being listed on the docket. On or before noon on Friday, February 17, 2017,
all timely-served defendants, SHALL file a response to the following three questions: (1)
what is the current status of plaintiff’s request for derivative asylum for his wife and

surviving daughter?;1 (2) did the United States continue processing refugee/asylee relative
petitions for beneficiaries residing in Syria after issuance of the January 27, 2017,
Executive Order?; and (3) if not, does the United States take the position that the
preliminary injunction entered by the court in Washington v. Trump, No. C170141LJR,
2017 WL 462040 (W.D. Wash. Feb. 3, 2017), enjoin the Order’s enforcement as to the
processing of refugee/asylee relative petitions for beneficiaries residing in Syria? After
receipt of this initial filing by defendants, the court will determine the next steps in terms
of briefing and a possible hearing.
Also before the court is plaintiff’s motion for leave to proceed anonymously.
(Dkt. #2.) The court finds that plaintiff’s right to privacy, specifically to protect himself,
his wife and daughter from retaliation, outweighs the public interest in knowing
plaintiff’s actual name in these proceedings. See Doe v. Gonzales, 484 F.3d 445, 446 (7th
Cir. 2007) (approving district court’s decision permitting plaintiff to proceed
anonymously where the plaintiff would likely be killed if he returned to the country from
which he fled). Accordingly, that motion is GRANTED.
Entered this 14th day of February, 2017.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge

The appropriate government official should coordinate with plaintiff’s counsel to obtain
plaintiff’s name. Defendants should maintain plaintiff’s anonymity in their filings.
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