Jane Doe v. John Doe and John Doe Corp.
1:16-cv-02050
S.D.N.Y.Aug 9, 2017Background
- Plaintiff filed a civil action in S.D.N.Y.; the case proceeded publicly for over a year and included defendants' counterclaims.
- The parties jointly moved to retroactively assign pseudonyms to all parties on the docket and in all publicly available filings after settlement.
- Parties asserted economic harm and embarrassment from the public allegations as reasons for anonymity.
- Neither party alleged vulnerability or risk of physical retaliation; there was no finding of fault because the case settled.
- The Court considered the public’s interest in open proceedings and the precedent requiring balancing of anonymity against disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parties may proceed under pseudonyms retroactively for all filings | Joint request: economic/reputational harm and embarrassment justify sealing identities | Agreed to joint request; no contention of physical harm or vulnerability | Denied for full retroactive anonymity; allowed limited caption masking because parties jointly requested and case settled without fault |
| Whether embarrassment/economic harm alone supports anonymity | Embarrassment and alleged economic harm warrant sealing | Opposing party had litigated publicly without pseudonyms; public interest weighs against sealing | Court: embarrassment/reputational harm insufficient to justify retroactive sealing |
| Whether the public’s right to access outweighs privacy here | Privacy interests reduced after settlement; seek to minimize publicity | Public interest in disclosure; lawsuits are public events | Court balanced interests and ordered limited sealing of caption only |
| Scope of relief (caption-only vs. all documents) | Requested full retroactive pseudonymity for all docketed filings | Not disputed by parties but court considered precedent and burden | Court ordered caption to show Jane Doe and John Doe Corp./John Doe; denied retroactive redaction of prior filings |
Key Cases Cited
- Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008) (sets balancing test for pseudonymous litigation and emphasizes public’s right to know who uses the courts)
- M.M. v. Zavaras, 139 F.3d 798 (10th Cir. 1998) (embarrassment or reputational harm alone does not justify anonymity)
