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Doe v. Gong Xi Fa Cai Inc.

Court Sympathizes With Anonymity Interests But Denies Bid to Proceed as 'Jane Doe'

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MEMORANDUM OPINION & ORDER  Plaintiff Jane Doe brings this action against her former employer, Alta Restaurant, and its owners and operators, asserting claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq., for alleged sexual discrimination and retaliation, as well as related state and city law claims. Before the Court is Plaintiff’s motion to proceed under the pseudonym Jane Doe. Although the Court is sympathetic to Plaintiff’s desire to remain anonymous in an action involving allegations of this sort, after considering the parties’ submissions and the relevant law, the motion is denied. I. Legal StandardFederal Rule of Civil Procedure 10(a) mandates that the title of a complaint name all parties to the litigation. “Courts have nevertheless carved out a limited number of exceptions to the general requirement of disclosure of the names of parties, which permit plaintiffs to proceed anonymously.” Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. 2008) (alterations omitted). Pursuant to Sealed Plaintiff, in determining whether a plaintiff should be allowed to maintain an action under a pseudonym, the Second Circuit requires courts to balance “the plaintiff’s interest in anonymity…against both the public interest in disclosure and any prejudice to the defendant.” Id. at 189. “This balancing of interests entails the consideration of several factors,” ten of which the Second Circuit has explicitly approved “with the caution that…district courts should take into account other factors relevant to the particular case under consideration.” Id. 189-90.1II. DiscussionPlaintiff’s motion papers focus primarily on the first Sealed Plaintiff factor, arguing that the Complaint concerns matters that “are highly sensitive and of a personal nature by any objective standard.” Pl’s Mem. at 2. Indeed, Plaintiff alleges that she was harassed and humiliated by Defendant Briatico’s “inappropriate, unwanted, and sexually motivated physical contact,” as well as the retaliation that followed. See Compl.

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