Doe v. Bell Atlantic Business Systems Services, Inc.

162 F.R.D. 418, 1995 U.S. Dist. LEXIS 11030, 66 Empl. Prac. Dec. (CCH) 43,711, 1995 WL 461831
CourtDistrict Court, D. Massachusetts
DecidedAugust 1, 1995
DocketCiv. A. No. 95-40057-NMG
StatusPublished
Cited by28 cases

This text of 162 F.R.D. 418 (Doe v. Bell Atlantic Business Systems Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Bell Atlantic Business Systems Services, Inc., 162 F.R.D. 418, 1995 U.S. Dist. LEXIS 11030, 66 Empl. Prac. Dec. (CCH) 43,711, 1995 WL 461831 (D. Mass. 1995).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is a motion by the plaintiff, identified as “Jane Doe,” pursuant to Local Rule 7.2, to prosecute this action under a pseudonym. Plaintiff has filed, as Exhibit A to this motion, a statement disclosing her true identity. Plaintiff asks the Court to order that her true identity remain confidential, except as to the parties, their attorney’s, and such experts and assistants as are utilized by the parties and their counsel.

I. FACTUAL BACKGROUND

Plaintiff alleges that Mark Bowse, her immediate supervisor at Bell Atlantic Business System Services, Inc. (“Bell Atlantic”), sexually harassed her for a protracted period of time, and physically attacked her on July 24, 1994. Plaintiff asserts that Bell Atlantic committed employment discrimination, in violation of 42 U.S.C. § 2000e et seq. and M.G.L. c. 151B § 4, because it:

1) compelled plaintiff to work in a sexually hostile environment;
2) failed the remedy the sexually hostile environment after being placed on notice;
3) discriminated against the plaintiff, through the conduct of its supervisory employee, on account of her sex; and
4) discriminated against her in the terms and conditions of her employment, and terminated her on account of her sex.

Plaintiff further claims that Bowse aided, abetted, incited, compelled and coerced all of the discriminatory conduct stated above, in violation of M.G.L. c. 151B § 4(5).

In her motion to prosecute this action under a pseudonym, plaintiff asserts that she [420]*420has suffered significant psychological trauma as a result of these experiences. In particular, plaintiff is concerned that she may have contracted the HIV virus as a result of the alleged assault. Plaintiff further asserts that she and her husband are from traditional Chinese families which will react very negatively if the alleged events become public.

II. THE LEGAL STANDARD

Fed.R.Civ.P. 10(a) states:

Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number and a designation as in Rule 7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties (emphasis added).

While Fed.R.Civ.P. 10(a) does not specifically provide for parties to proceed anonymously, courts have held that:

The ultimate test for permitting a plaintiff to proceed anonymously is whether the plaintiff has a substantial privacy right which outweighs the ‘customary and constitutionally-embedded presumption of openness in judicial proceedings.’ It is the exceptional ease in which a plaintiff may proceed under a fictitious name.

Doe v. University of Rhode Island, 1993 WL 667341 (D.R.I.), citing Doe v. Frank, 951 F.2d 320 (11th Cir.1992), Doe v. Stegall, 653 F.2d 180, 186 (5th Cir.1981).

It is within the Court’s discretion to allow a plaintiff to proceed pseudonymously. Doe v. University of Rhode Island; Doe v. Hallock; Doe v. Blue Cross and Blue Shield of Rhode Island, 794 F.Supp. 72, 73 (D.R.I. 1992) (where the district court allowed the plaintiff to proceed under a pseudonym because his suit related to his status as a transsexual, noting that “I will not strip plaintiff of the cloak of privacy which shields him from the stigmatization he might otherwise endure.”). The analysis is as follows:

1) there is a presumption in favor of disclosure;
2) a party may rebut the presumption by showing that a need for confidentiality exists;
3) the court must balance the need for confidentiality against the public interest in disclosure.

Doe v. Prudential Ins. Co. of America, 744 F.Supp. 40, 41 (D.R.I.1990).

A review of the relevant case law shows that many fictitious name cases involve the following circumstances:

1) plaintiffs challenging governmental activity;
2) plaintiffs required to disclose information of the utmost intimacy; and/or
3) plaintiffs compelled to admit their intention or desire to engage in illegal conduct.

Courts have allowed plaintiffs to proceed anonymously in cases involving social stigmatization, real danger of physical harm, or where the injury litigated against would occur as a result of the disclosure of plaintiffs identity. Economic harm or mere embarrassment are not sufficient to override the strong public interest in disclosure. Cases in which parties are allowed to proceed anonymously because of privacy interests often involve “abortion, mental illness, personal safety, homosexuality, transsexuality and illegitimate or abandoned children in welfare cases.” Doe v. Blue Cross and Blue Shield of Rhode Island, 794 F.Supp. 72, 74 (D.R.I. 1992), citing Doe v. Rostker, 89 F.R.D. 158, 161 (N.D.Col.1981).

Plaintiffs alleging sexual harassment have generally not been allowed to proceed anonymously. In Doe v. Hallock, 119 F.R.D. 640 (S.D.Miss.1987), the plaintiff sued pursuant to 42 U.S.C. 2000e et seq., and contended that she had been sexually harassed and discriminated against by her former employers. Plaintiff claimed that she had an interest in proceeding anonymously because her charges involved matters of an intimate personal nature. She also claimed that she feared future harassment and retaliation if her identity were revealed.

The Hallock Court found that retaliation was more likely to come from the defendants who already knew of her identity than from [421]*421the community at large, and therefore fear of reprisals did not support a need for anonymity. The Court further noted that because the defendants were publicly named in the complaint they had been exposed to reputational harm and embarrassment, and that fairness dictated revelation of the plaintiffs identity as well. Southern Methodist University Association v. Wynne & Jaffe, 599 F.2d 707 (5th Cir.1979). Ultimately, the Court held that plaintiff had “not demonstrated that this is an exceptional case in which a compelling need exists to protect an important safety or privacy interest,” Hallock, 119 F.R.D. at 644.

In Doe v. University of Rhode Island, 28 Fed.R.Serv.3d 366, 1993 WL 667341 (D.R.I.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jane Doe v. Dla Piper LLP (Us) and Brian Biggs
Massachusetts Superior Court, 2026
Doe v. Morgan Stanley & Co., LLC
D. Massachusetts, 2024
Rapp v. Fowler
S.D. New York, 2021
John Doe v. Spears
D. Massachusetts, 2019
Doe v. Merritt Hospitality, LLC
353 F. Supp. 3d 472 (E.D. Louisiana, 2018)
Doe v. Smith
D. Massachusetts, 2018
Doe H. v. Haskell Indian Nations University
266 F. Supp. 3d 1277 (D. Kansas, 2017)
Roe v. General Hospital Corp.
28 Mass. L. Rptr. 364 (Massachusetts Superior Court, 2011)
Singer v. Rosenkranz
903 N.E.2d 191 (Massachusetts Supreme Judicial Court, 2009)
Rose v. Beaumont Independent School District
240 F.R.D. 264 (E.D. Texas, 2007)
Doe v. Del Rio
241 F.R.D. 154 (S.D. New York, 2006)
Doe No. 2 v. Kolko
242 F.R.D. 193 (E.D. New York, 2006)
MacInnis v. Cigna Group Insurance Co. of America
379 F. Supp. 2d 89 (D. Massachusetts, 2005)
Javier H. v. Garcia-Botello
211 F.R.D. 194 (W.D. New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
162 F.R.D. 418, 1995 U.S. Dist. LEXIS 11030, 66 Empl. Prac. Dec. (CCH) 43,711, 1995 WL 461831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-bell-atlantic-business-systems-services-inc-mad-1995.