Defendant's Attorney: Not Available

Description: Los Angeles, California personal injury lawyer represented the Plaintiff who sued the Defendant seeking damages for being depicted in a pornography series.


Plaintiff “Lily” is a victim depicted in a child pornography series and brings this action to recover liquidated damages, fees, and costs, under 18 U.S.C. § 2255(a) based on Defendant's conviction for knowing possession of child pornography involving them, in violation of § 2252(a)(4)(B). Plaintiff seeks to proceed under a pseudonym to avoid harassment, injury, ridicule, and personal embarrassment.


“The normal presumption in litigation is that parties must use their real names.” Doe v. Kamehameha Sch., 596 F.3d 1036, 1042 (9th Cir. 2010) (citing Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067-68 (9th Cir. 2000); Fed.R.Civ.P. 10(a)). However, in “unusual case[s], where there is a need for the cloak of anonymity,” and “it is necessary . . . to protect a person from harassment, injury, ridicule or personal embarrassment,” the court may permit parties to proceed pseudonymously. United States v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1980) (citing United States v. Doe, 556 F.2d 391, 393 (6th Cir. 1977)). Thus, a party may proceed anonymously when: “(1) identification creates a risk of retaliatory physical or mental harm; (2) when anonymity is necessary to preserve privacy in a matter of sensitive and highly personal nature; and (3) when the anonymous party is compelled to admit his or her intention to engage in illegal conduct, thereby risking criminal prosecution.” Advanced Textile Corp., 214 F.3d at 1068. (internal quotation marks and citations omitted). District courts look to the following factors to determine a party's need for anonymity: (1) the severity of the threatened harm, (2) the reasonableness of the anonymous party's fears, the (3) anonymous party's vulnerability to such retaliation, (4) the prejudice to the opposing party, and (5) the public interest. Id. (citations omitted).

Outcome:
For the reasons articulated above, the Court concludes that Plaintiff may proceed anonymously because their identification may create a risk of retaliatory harm and the need to preserve their privacy in a matter of sensitive and highly personal nature. Advanced Textile Corp., 214 F.3d at 1068. Allowing Plaintiff to proceed under a pseudonym keeps with “the tradition of not revealing the names of the victims of sexual assault[.]” Jordan v. Gardner, 986 F.2d 1521, 1525 n.4 (9th Cir. 1993). Plaintiff's Motion to Proceed With Pseudonyms is therefore GRANTED.

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