From today's order by Judge Analisa Torres (S.D.N.Y.) in Doe v. Combs:
On December 8, 2024, Plaintiff amended her complaint [in which she had originally sued Sean Combs] to add Shawn Carter, known professionally as Jay-Z, as a Defendant…. Carter's counsel appeared and moved to deny her motion …. The next day, Carter's attorney filed a letter containing a declaration from an associate at his law firm recounting a phone conversation she had with an unnamed woman who claimed that Plaintiffs counsel encouraged her to lie about her experience of sexual assault. Carter's lawyer asked the Court consider this additional info1mation in connection with Plaintiffs motion to proceed anonymously. Plaintiff's counsel denied Carter's allegations against him.
On December 13, 2024, Carter's attorney filed an additional letter alerting the Court to a recently published interview of Plaintiff on NBC News. In the interview, Plaintiff, speaking anonymously, explained her allegations against Defendants and her reasons for coming forward now. Carter's lawyer points to the interview—in which Plaintiff admitted to inconsistencies in her story—as evidence that Plaintiff's claims have "no factual basis whatsoever." …
In deciding whether a plaintiff may proceed anonymously, courts balance "the plaintiff's interest in anonymity" against "both the public interest in disclosure and any prejudice to the defendant." … Here, the weight of the factors tips in favor of allowing Plaintiff to remain anonymous, at least for this stage of the litigation….
In her amended complaint, Plaintiff alleges that Defendants drugged and raped her when she was only thirteen. Courts in this District have recognized that allegations concerning sexual assault are "highly sensitive" and "of an extremely personal nature." Plaintiff is "particularly vulnerable to the possible harms of disclosure": according to her amended complaint, she continues to experience depression, post-traumatic stress disorder, and a seizure disorder associated with the stress of her sexual assault. Moreover, Plaintiff's counsel asserts that many of his other clients who have filed similar lawsuits against Sean Combs claim to have been threatened by Mr. Combs for their decision to speak out. And finally, although Plaintiff sat for an interview with NBC News concerning her case, NBC allowed her to conduct the interview anonymously.
Granted, several factors weigh against allowing Plaintiff to proceed anonymously.
