Julian Barnes, et al. v. City of Oakland Police Department, et al.

Opinion

1 2 3 6 7 JULIAN BARNES, et al., Case No. 4:26-cv-05307-KAW

8 Plaintiffs, ORDER DENYING MOTION TO PROCEED UNDER PSEUDONYM 9 v. Re: Dkt. No. 3 DEPARTMENT, et al., 11 Defendants. 12 13 On June 2, 2026, Plaintiffs Julian Barnes Sr. and Alicia Taylor filed a motion to proceed 14 under pseudonym. (Mot., Dkt. No. 3.) 15 Upon review of the moving papers, the Court finds this matter suitable for resolution 16 without oral argument pursuant to Civil Local Rule 7-1(b), and, for the reasons set forth below, 17 DENIES Plaintiffs’ motion to proceed anonymously. 19 Generally, “[p]laintiffs’ use of fictitious names runs afoul of the public’s common law 20 right of access to judicial proceedings… and [Federal Rule of Civil Procedure] 10(a)’s command 21 that the title of every complaint ‘include the names of all the parties.’” Does I thru XXIII v. 22 Advanced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000) (citing Nixon v. Warner 23 Communications, Inc., 435 U.S. 589, 598–99, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); EEOC v. 24 Erection Co., Inc., 900 F.2d 168, 169 (9th Cir.1990); quoting Fed. R. Civ. P. 10(a)). Even so, 25 “many federal courts, including the Ninth Circuit, have permitted parties to proceed anonymously 26 when special circumstances justify secrecy.” Does I thru XXIII, 214 F.3d at 1067. In this circuit, 27 parties may use a pseudonym in the “unusual case” when “nondisclosure of the party’s identity ‘is 1 at 1067-68 (quoting United States v. Doe, 655 F.2d 920, 922 n. 1 (9th Cir. 1981)). 2 A party may proceed by pseudonym when their “need for anonymity outweighs prejudice 3 to the opposing party and the public’s interest in knowing the party’s identity.” Does I thru XXIII, 4 214 F.3d at 1068. When pseudonyms are used to shield the anonymous party from retaliation, 5 “the district court should evaluate the following factors: (1) the severity of the threatened harm…; 6 (2) the reasonableness of the anonymous party's fears…; and (3) the anonymous party's 7 vulnerability to such retaliation.” Id. (internal citations omitted.) 9 On June 2, 2026, Plaintiffs filed a lawsuit against the City of Oakland and several 10 individuals pertaining to the June 10, 2024 death of their son, Julian James Ray Barnes Jr., and his 11 friend, Jahouri McCullough. (Compl., Dkt. No. 1; Mot. at 2.) The individual defendants include 12 Oakland Police Department personnel, as well as several individuals who were present at the time 13 the decedents were shot and are each alleged to be “a person of interest.” (Compl. ¶¶ 6-19.) 14 On June 2, 2026, Plaintiffs filed a motion to proceed under pseudonym. (Mot., Dkt. No. 3.) 15 Therein, they requested that they be permitted to proceed anonymously due to the “violent nature 16 of the circumstances leading to this lawsuit.” (Mot. at 2.) They contend that, to date, no one has 17 been charged with the murders, and that their lives could be in danger if the suspects in the double 18 homicide become privy to their identities. Id. 19 While the Court understands that Plaintiffs fear for their personal safety, this does not give 20 rise to the special circumstances in which courts permit plaintiffs to proceed anonymously. See 21 Does I thru XXIII, 214 F.3d at 1068 (collecting cases addressing were proceeding anonymous was 22 appropriate). Moreover, even if Plaintiffs were permitted to proceed by pseudonym, the 23 individuals that they appear to fear are named defendants, who will be privy to their identities. 24 Since Plaintiffs do not appear to fear the public at large, proceeding anonymously will not prevent 25 any risk of harm from those defendants. 27 Accordingly, Plaintiffs’ motion to proceed anonymously is DENIED. Plaintiffs are ordered ] granted permission to file a first amended complaint that clearly identifies which causes of action 2 || are alleged against which defendants, and to explain how the facts alleged pertain to the elements 3 of each claim. An amended complaint must also be filed by July 21, 2026. 4 If Plaintiffs decide to amend the complaint, they are encouraged to contact the Federal Pro 5 || Bono Project’s Help Desk for assistance—a free service for pro se litigants—by calling (415) 782- 6 8982. Plaintiffs may also wish to consult a manual the court has adopted to assist pro se litigants 7 || in presenting their case. This manual, and other free information for pro se litigants, is available 8 online at: Attps://cand.uscourts.gov/pro-se-litigants/. 10 |] Dated: June 22, 2026 M DIS A. WESTMORE United States Magistrate Judge

13 14

15 16

Z 18 19 20 21 22 23 24 25 26 27 28