From Doe v. Combs, decided yesterday by Judge Lewis Kaplan (S.D.N.Y.):
Plaintiff "John Doe" claims that Sean Combs, a well-known rapper and record producer, sexually assaulted him, and that several businesses owned or controlled by Combs enabled him to do so. The question before the Court is whether the plaintiff should be permitted to litigate this case without revealing his identity. For the following reasons, the plaintiff's motion to proceed anonymously is denied….
"Federal court proceedings and records presumptively are public absent a showing of exceptional circumstances." Accordingly, "[t]he title of [a] complaint must name all the parties." This rule "serves the vital purpose of facilitating public scrutiny of judicial proceedings and therefore cannot be set aside lightly." … An exception is appropriate "only where the litigant seeking to proceed anonymously has a substantial privacy interest that outweighs any prejudice to the opposing party and 'the customary and constitutionally-embedded presumption of openness in judicial proceedings.'"
The plaintiff alleges that Combs violently raped him in the presence of multiple strangers. Undoubtedly, this is a highly sensitive and personal claim, and the plaintiff's privacy interest is compelling. The first factor thus favors the plaintiff's use of a pseudonym. However, "allegations of sexual assault, by themselves, are not sufficient to entitle a plaintiff to proceed under a pseudonym." …
