From yesterday's decision by Judge Jessica Clarke (S.D.N.Y.) in Doe v. Combs:
Plaintiff alleges that Combs, Pierre and the Third Assailant … gang raped her when she was {17 years old} [and under the influence of drugs and alcohol they supplied] …. The Court recognizes that public disclosure of Doe's identity could have a significant impact on her, particularly given the graphic and disturbing allegations in this case. While the Court does not take Plaintiff's concerns lightly, the Court cannot rely on generalized, uncorroborated claims that disclosure would harm Plaintiff to justify her anonymity. Without more specific support, Plaintiff fails to overcome the prejudice to Defendants and public interest factors implicated here.
Indeed, similar motions to proceed anonymously in sexual assault lawsuits involving public figures, including Kevin Spacey and Harvey Weinstein, were likewise denied…. The Court, however, stays the effect of this Order until after the Court decides Defendants' pending motion for judgment on the pleadings….
This case concerns highly sensitive and personal matters, including allegations that Defendants trafficked, drugged and gang raped Doe. Although Plaintiff is now an adult, she was a minor when the alleged incidents occurred, making the case particularly sensitive…. [And] other than informing Defendants of her identity, Doe has not publicly revealed her identity related to these allegations.
Although these factors weigh in Plaintiff's favor, they are not dispositive. See, e.g., Doe v. Weinstein (S.D.N.Y. 2020) ("Courts in this district have explained that allegations of sexual assault, by themselves, are not sufficient to entitle a plaintiff to proceed under a pseudonym."); Rapp v. Fowler (S.D.N.Y. 2021) (denying plaintiff's motion to proceed anonymously in action involving Kevin Spacey's alleged sexual abuse of plaintiff when he was a minor). And every other factor, as described below, weighs against Plaintiff maintaining her anonymity for the entirety of this action….
