From Judge Lewis Liman's decision Wednesday in Doe v. Branca USA, Inc. (S.D.N.Y.); cases throughout the country are split sharply on this question, see Apps. 2a & 2b of my The Law of Pseudonymous Litigation:
Plaintiffs allege that they were sexually abused by the Chief Executive Officer of Branca USA. The complaint alleges that Jane Doe 1 was drugged and raped, and that Jane Doe 2 was sexually assaulted on numerous occasions. It further alleges that both women were groped and harassed, and that when they complained, they suffered retaliation….
Plaintiffs argue that they should be permitted to proceed pseudonymously. They note that the complaint contains detailed allegations of rape and sexual assault and argue that they will suffer significant psychological harm if they are forced to reveal their identities to the public. They also assert that the defendants will suffer no prejudice if Jane Doe 1 and Jane Doe 2 are permitted to pursue their claims anonymously, as counsel has identified their names to counsel for defendants. Finally, they assert that they have sought mental health treatment and would experience significant harm if forced to reveal their identities to the public.
Federal Rule of Civil Procedure 10(a) requires that the title of a complaint name all the parties to a litigation; this requirement "serves the vital purpose of facilitating public scrutiny of judicial proceedings and therefore cannot be set aside lightly." "[W]hen determining whether a plaintiff may be allowed to maintain an action under a pseudonym, the plaintiff's interest in anonymity must be balanced against both the public interest in disclosure and any prejudice to the defendant." "The people have a right to know who is using their courts." …
The courts in this District have considered in several cases whether to permit a plaintiff who alleges that she or he has been raped or been the subject of sexual assault to proceed pseudonymously…. [T]he results across the board come down to this: A claim by an adult plaintiff to have been the victim of sexual abuse and to have suffered physical or psychological damage as a result, accompanied by sufficient facts to support that claim, is not enough to entitle a plaintiff to proceed anonymously.
