From today's decision by Judge Paul Crotty (S.D.N.Y.) in Doe v. Gooding:
The Court previously … allow[ed] Plaintiff to proceed pseudonymously. However, in doing so, the Court noted that it was "skeptical that Plaintiff can overcome the presumption of public disclosure in the long run" and allowed for revisitation of the issue closer to trial. At a hearing on May 11, 2023, the Court once again raised the issue, and ordered Plaintiff to file a motion to maintain the pseudonym at trial. The Court now DENIES that motion, and ORDERS Plaintiff to file an amended complaint bearing her legal name.
Rule 10(a) of the Federal Rules of Civil Procedure mandates that pleadings contain the names of all parties. Fed. R. Civ. P. 10(a). Underlying this rule is the principle in favor of public access to court proceedings. See Lugosch v. Pyramid Co. of Onondaga (2d Cir. 2006) ("The presumption of access is based on the need for federal courts, although independent—indeed, particularly because they are independent—to have a measure of accountability and for the public to have confidence in the administration of justice."). When a Court considers the use of a pseudonym—depriving the public access to full information on the case—it must "balance[] the interests at stake in reaching its conclusion." …
As the Court previously noted, the prejudice a defendant faces when a plaintiff uses a pseudonym increases when the parties go to trial. When a plaintiff proceeds under a pseudonym, the Court risks "giving [her] claim greater stature or dignity or otherwise confusing or distracting the jury." Additionally, the use of a pseudonym risks confusing a jury, as "the jurors will likely construe the Court's permission for the plaintiff to conceal her true identity as a subliminal comment on the harm the alleged encounter with the defendant has caused the plaintiff."
