Doe v. Provident Life & Accident Insurance

176 F.R.D. 464, 1997 WL 9796
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 9, 1997
DocketCivil Action No. 96-5557
StatusPublished
Cited by77 cases

This text of 176 F.R.D. 464 (Doe v. Provident Life & Accident Insurance) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Doe v. Provident Life & Accident Insurance, 176 F.R.D. 464, 1997 WL 9796 (E.D. Pa. 1997).

Opinion

MEMORANDUM

NEWCOMER, District Judge.

Presently before this Court is plaintiffs Motion for Permission to Proceed in Pseudonym and for Protective Order, and defendant’s response thereto. For the following reasons, this Court grants said Motion.

I. Background

This action arises out of plaintiffs claim of entitlement to total disability benefits under a disability income insurance policy issued by defendant. Plaintiff was the named insured under an “own occupation, non-cancelable” disability insurance policy issued by the defendant. The policy of disability insurance provided by the defendant defines total disability due to an injury or sickness as occurring when the insured is not able to perform the substantial and material duties of his occupation, and the insured is receiving care by a physician which is appropriate for the condition causing the disability.

Plaintiffs occupation was that of an employee benefits and insurance broker, having worked full time in that capacity since May 1985. In the fall of 1993, plaintiff allegedly became unable to perform the duties of his occupation because he was diagnosed as suffering from a number of psychiatric disorders, including a general anxiety disorder, dysthymic disorder, adult attention deficit disorder, personality disorder, immature, inadequate, passive aggressiveness, and occupational stress with previous job situation.

Plaintiff has undergone and continues to undergo treatment for his illnesses with various professional healthcare providers, and experiences many forms of treatment, including medication and psychotherapy. Because of said illnesses, plaintiff was unable to continue in his capacity as an employee benefits and insurance broker, and in June 1994, plaintiff made a claim with defendant under the terms of their policy for disability benefits, retroactive to October 1, 1993. In December 1994, defendant paid plaintiff back benefits which were owing to him. From December 1994 to May 1996, defendant paid plaintiff the monthly benefits under the terms of the disability insurance policy. In [466]*466May 1996, defendant unilaterally terminated plaintiffs monthly benefits.

In response, plaintiff commenced the instant action. Plaintiff filed his Complaint under the pseudonym of James Doe. Subsequently, Defendant moved, inter alia, to strike plaintiffs Complaint for failure to comply with Rule 10(a) which requires that a complaint contain the names of all parties. In the alternative, defendant sought to have this Court order plaintiff to file a motion for this Court to use a pseudonym. By order dated October 11, 1996, this Court directed plaintiff to file a motion requesting permission to proceed in pseudonym. Subsequently, plaintiff filed the present Motion. Plaintiff contends that this Court should grant said motion because the public and private interests in allowing him to proceed in pseudonym outweigh the public interest in public access to his true identity. In response, defendant argues that such motion should be denied because (1) plaintiff has not established a substantial basis for proceeding in pseudonym and (2) the scope of relief sought would unreasonably prejudice defendant’s ability to defend itself in this litigation. Because the public and private interests in allowing plaintiff to proceed in pseudonym outweigh the public interest in public access to the true identity of plaintiff, I grant plaintiffs Motion.

II. Discussion

A. A Litigant’s Right to Use a Pseudonym

As an initial matter, I note that nowhere in the Federal Rules of Civil Procedure is pseudonymous litigation authorized. Admittedly, Rule 10(a) provides that “[i]n the complaint the title of the action shall include the names of all the parties.” Fed.R.Civ.P. 10(a). Further, Rule 3 requires the complaint to be filed with the court in order to commence a civil action. Additionally, Rule 5(d) provides that subsequent papers that are required to be served on a party must also be filed with court unless the court orders otherwise. Based on these Rules, some courts have denied requests to proceed in pseudonym, finding that the Rules do not authorize such a practice. See, e.g., Roe v. New York, 49 F.R.D. 279, 281 (S.D.N.Y. 1970).

Despite the holdings of these rare cases, this Court finds that a party to a civil action — either defendant or plaintiff — may use a pseudonym when the circumstances of the case justify such use. Indeed, the overwhelming majority of jurisdictions to consider this question have determined that parties may proceed in pseudonym under particular circumstances. See, e.g., Coe v. United States Dist. Court for Dist. Colo., 676 F.2d 411, 414 (10th Cir.1982). Federal courts have long approved the practice of pseudonymous litigation. The most famous example of pseudonymous litigation is Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). In Roe, this Court finds the Supreme Court’s implicit recognition of this practice. Further, nothing in the Rules or the Advisory Committee Notes to the Rules indicates that the drafters were attempting to promulgate a rule that neither a civil defendant nor civil plaintiff ever could proceed in pseudonym. Therefore, this Court concludes that a party to a civil action — whether defendant or plaintiff — may proceed in pseudonym when the particular circumstances of the case justify such pseudonymity. The question posited at this point is what circumstances can justify the use of a pseudonym by a party to a civil action.

Many courts have attempted to articulate a standard for determining the propriety of pseudonymous litigation. A review of the case law indicates that courts which have addressed this issue have formulated various standards, albeit dissimilar, through which the competing interests at stake have been weighed to determine whether a party should be permitted to proceed in pseudonym. See, e.g., Doe v. Stegall, 653 F.2d 180 (5th Cir. Unit A Aug. 1981). This Court recognizes the strong public interest militating against pseudonymity — the public right of access to civil judicial records1 and proceedings. The [467]*467public right of access to civil judicial proceedings has as its bases, constitutional law,2 the common-law3 and public policy grounds.4 The public’s right to know the true identity of the parties is concomitant with the right of public access to judicial proceedings and records. Stegall, 653 F.2d at 180. In contrast to these public interests, there exists private and public interests that favor the use of pseudonyms in litigation. For example, litigants may have a strong interest in protecting their privacy or avoiding physical harm. 2A James Moore, Moore’s Federal Practice ¶ 10.02 (1995). Further, the public may have a strong interest in protecting the privacy of plaintiffs in controversial cases so that these plaintiffs are not discouraged from asserting their claims.

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176 F.R.D. 464, 1997 WL 9796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-provident-life-accident-insurance-paed-1997.