Doe v. Krogh, 3:21-cv-08086

Four plaintiffs filed suit under pseudonyms alleging childhood sexual harassment, molestation, and abuse by defendant Lynn Krogh (an aviation instructor) and relatedly against International Jet Aviation Services, Inc.
Allegations include sexual talk, touching of genitals and buttocks, lap-sitting for sexual gratification, filming in various stages of undress, viewing pornography, administration of drugs to facilitate sex, oral copulation and sodomy, and inappropriate touching of a female minor.
Plaintiffs seek damages on multiple tort theories (sexual assault, negligent infliction of emotional distress, negligence, negligent supervision/hiring/retention, failure to train/warn, endangerment, and child abuse).
Plaintiffs moved to proceed anonymously to protect their privacy as victims of sensitive and highly personal sexual-abuse allegations.
The court applied Ninth Circuit precedent requiring a balance between the public’s right of access and a plaintiff’s need for anonymity, concluding the allegations justified permitting pseudonymous pretrial proceedings.
The court authorized pseudonymous pretrial participation, encouraged protective orders to preserve anonymity to the greatest extent possible, and reserved decision on anonymity at trial; defendants may file a motion challenging the ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiffs may proceed under pseudonyms	Privacy necessary to avoid harassment, humiliation, and emotional injury from childhood sexual-abuse disclosures	Rule 10(a) and public right of access require party names; openness prevents secrecy	Plaintiffs may proceed under pseudonyms during the pretrial phase after balancing interests
Scope of anonymity and disclosure to nonparties	Preserve anonymity broadly; use protective orders to limit disclosure	Identities may be needed for investigation and defense	Court endorsed protective orders to preserve anonymity as much as possible; disclosure to nonparties may not be necessary
Whether anonymity will continue at trial	Continue anonymity to avoid further harm	Public trial rights and fairness to defendants argue against anonymity	Court reserved the issue for a later stage; will decide after allowing full briefing/hearings

Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058 (9th Cir. 2000) (establishes Ninth Circuit standard: allow pseudonyms in unusual cases when nondisclosure is necessary to protect persons from harassment or embarrassment and instructs courts to balance anonymity against public access and prejudice to defendants)
Doe v. Blue Cross & Blue Shield United of Wisconsin, 112 F.3d 869 (7th Cir. 1997) (recognizes secrecy is appropriate pretrial to protect privacy of rape victims and other vulnerable parties)