John Roe RJ 50 v. The Church of Jesus Christ of Latter-Day Saints

United States District Court for the Eastern District of California

John Roe RJ 50 v. The Church of Jesus Christ of Latter-Day Saints

Trial Court Opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 John Roe RJ 50, Case No. 1:24-CV-01545 JLT HBK 12 District Judge Jennifer L. Thurston Plaintiff, Magistrate Judge Helena M. Barch-Kuchta 13 vs. 14 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION FOR AN ORDER 15 DOE 1, et al., NAMING DOE DEFENDANTS 1, 2, AND 3 BY THEIR TRUE NAMES PURSUANT TO 16 Defendants. FEDERAL RULE OF CIVIL PROCEDURE 17 10(a)

18 (Doc. 16) 19 20 Defendants have moved for an order naming Doe Defendants 1, 2, and 3 by their true names 21 pursuant to Federal Rule of Civil Procedure 10(a). (Doc. 16.) The Declaration of Defense Counsel (Doc. 22 16-1) indicates that Plaintiff does not oppose the motion, and no opposition has been filed. 23 Generally, California Code of Civil Procedure 340.1(k)-(l) requires defendants alleged to have 24 committed an act of childhood sexual assault to be named as Does until the plaintiff applies for 25 permission to substitute the true names, which may only be granted if plaintiff’s counsel certifies to the 26 discovery of facts corroborating the allegations against the defendant. See Roe JB 65, v. The Church of 27 Jesus Christ of Latter-Day Saints, et al., No. 24-CV-02349-AJB-MSB,

2025 WL 720187

, at *2 n.1 (S.D. 28 1 || Cal. Mar. 6, 2025) (noting prior grant of unopposed defense motion to name defendants). Here, 2 || Defendants have deliberately waived the protections of Section 340.1 by revealing their identities in 3 || filings before this Court and have acknowledged this waiver in the instant motion. Therefore, the Court GRANTS the motion and ORDERS as follows: 5 1. Defendants Doe 1, Doe 2, and Doe 3 shall be deemed to be named by their true names as 6 || of the date of filing of the Notice of Removal (ECF 1) as set forth below. 7 2. The Clerk of the Court is hereby directed to replace the name of Defendant Doe 1 on the 8 || docket with “The Church of Jesus Christ of Latter-day Saints.” 9 3. All future pleadings and court orders shall identify the defendant sued as Doe 1 as “The 10 || Church of Jesus Christ of Latter-day Saints.” 11 4. The Clerk of the Court is hereby directed to replace the name of Defendant Doe 2 on the 12 || docket with “Temple Corporation of The Church of Jesus Christ of Latter-day Saints.” 13 5. All future pleadings and court orders shall identify the defendant sued as Doe 2 as 14 || “Temple Corporation of The Church of Jesus Christ of Latter-day Saints.” 15 6. The Clerk of the Court is hereby directed to replace the name of Defendant Doe 3 on the 16 || docket with “Fresno California East Stake of The Church of Jesus Christ of Latter-day Saints.” 17 7. All future pleadings and court orders shall identify the defendant sued as Doe 3 as □□□□□□□ 18 || California East Stake of The Church of Jesus Christ of Latter-day Saints.” 19 20 || IT IS SO ORDERED. Dated: _ March 11, 2025 Charis [Tourn 27 TED STATES DISTRICT JUDGE 23 24 25 26 27 28 1:24-CV-01545-JLT-HBK_ _ _ ___ __ __

Reference

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