Jane Doe v. Skyline Automobiles Inc.
Jane Doe v. Skyline Automobiles Inc.
Opinion of the Court
INTRODUCTION
Plaintiff brings this action against her former employer and former coworkers alleging sexual harassment, sexual abuse, and discrimination. The Complaint contains graphic and disturbing details of violence and allegations of severe mistreatment. Plaintiff's allegations are not taken lightly by this Court. At this time, Plaintiff moves to proceed anonymously. It is Plaintiff's desire to litigate this case under a pseudonym in an effort to protect herself from future harms including retaliation and emotional distress.
In deciding a motion to proceed anonymously, a court must balance the interest of the plaintiff with the interests of both the defendants and the public. The general public enjoys a common law right of access to judicial proceedings, and thus, the burden a plaintiff must satisfy in order to proceed under confidentially is exacting. Without ruling on the merits of Plaintiff's case moving forward, an analysis of the submissions by the Parties indicates that Plaintiff has failed to meet the burden required by law. Thus, Plaintiff's instant Motion to Proceed Anonymously is denied.
Plaintiff Jane Doe (hereinafter, "Plaintiff") brings this action against Defendants Skyline Automobiles ("Skyline"), doing business as Toyota of Manhattan, Freddy Velez, Kevin Primus, and Anthony Namias (collectively, "Defendants") alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964,
PROCEDURAL HISTORY
Plaintiff filed her Complaint on May 17, 2018. ECF No. 1 ("Compl."). Shortly thereafter, Plaintiff filed her First Motion for Confidentiality for Plaintiff to Proceed *404Anonymously. ECF Nos. 16-17 ("Pl. Mot."). On September 11, 2018, Defendants Skyline, Velez, and Primus filed their respective Memorandums of Law in Opposition to Plaintiff's Motion for Confidentiality. ECF Nos. 47-48. Plaintiff filed her Reply to Defendants' Opposition on September 17, 2018.
BACKGROUND
Plaintiff alleges that in July of 2013 she was drugged and brutally raped by Defendant Primus. Compl. ¶¶ 23-25. According to her Complaint, "she yelled at Defendant PRIMUS to stop, but [he] did not listen ... and continued to sexually assault Plaintiff."
Following the assault, Plaintiff alleges that she was forced to endure sexual harassment by way of vulgar propositions and offensive comments.
In addition to claims of sexual harassment, sex discrimination, and sexual assault, Plaintiff's Complaint also contains allegations of race-based discrimination.
STANDARD OF REVIEW
In general, "[t]he title of a complaint must name all the parties." Fed. R. Civ. P. 10(a). Animating Rule 10(a) is the "public's common law right of access to judicial proceedings," which is a right "supported by the First Amendment." Doe v. Delta Airlines, Inc. ,
*405should be taken into account by way of a series of non-exhaustive factors promulgated in Sealed Plaintiff :
"(1) whether the litigation involves matters that are highly sensitive and of a personal nature; (2) whether identification poses a risk of retaliatory physical or mental harm to the ... party seeking to proceed anonymously ...; (3) whether identification presents other harms and the likely severity of those harms ...; (4) whether the plaintiff is particularly vulnerable to the possible harms of disclosure ... particularly in light of [her] age; (5) whether the suit is challenging the actions of the government or that of private parties; (6) whether the defendant is prejudiced by allowing the plaintiff to press [her] claims anonymously, whether the nature of that prejudice (if any) differs at any particular stage of the litigation, and whether any prejudice can be mitigated by the district court; (7) whether the plaintiff's identify has thus far been kept confidential; (8) whether the public's interest in the litigation is furthered by requiring the plaintiff to disclose [her] identity; (9) whether, because of the purely legal nature of the issues presented or otherwise, there is an atypically weak public interest in knowing the litigants' identifies; and (10) whether there are any alternative mechanisms for protecting the confidentiality of the plaintiff ..."
Sealed Plaintiff,
DISCUSSION
I. Matters of a Highly Sensitive and Personal Nature ( Sealed Plaintiff Factor One)
The first Sealed Plaintiff factor seeks to discern "whether the litigation involves matters that are highly sensitive and of a personal nature." Sealed Plaintiff ,
Here, Plaintiff claims that she was drugged by a co-worker, sexually assaulted while unconscious, and subject to ridicule and sexual harassment following the incident. See Compl. Further, her Complaint alleges that after the incident, the alleged perpetrator continued to sexually harass her.
II. Risk of Physical Retaliation or Mental Harm and Likelihood and Severity of the Harm ( Sealed Plaintiff Factors Two and Three)
The second Sealed Plaintiff factor urges courts to consider "whether identification poses a risk of retaliatory physical or mental harm to the ... party seeing to proceed anonymously ..." Sealed Plaintiff ,
Here, Plaintiff's claims as they relate to the second and third factor consist exclusively of conclusory statements and speculation. See Pl. Mot. at 2. Plaintiff states that "for all of her colleagues and acquaintances to know that she was so badly sexually abused would only serve to further victimize Plaintiff."
III. Vulnerability and Age of Plaintiff ( Sealed Plaintiff Factor Four)
The fourth Sealed Plaintiff factor requires courts to determine "whether the plaintiff is particularly vulnerable to the possible harms of disclosure ... particularly in light of [her] age." Sealed Plaintiff ,
IV. Government Action or Private Action ( Sealed Plaintiff Factor Five)
The fifth factor looks at "whether the suit ... challeng[es] the actions of the government or that of private parties." Sealed Plaintiff ,
Here, although Plaintiff states factor five is inapplicable, the Defendants in this case are all private parties. Pl. Mot. at 3; see Compl. Defendants have a substantial interest in maintaining their good name and reputation, particularly in light of the allegations in Plaintiff's Complaint. Therefore, *407the fifth factor is applicable and weighs in favor of denying anonymity.
V. Scope, Extent, and Possible Mitigation of Prejudice to Defendant ( Sealed Plaintiff Factor Six)
Sixth, courts are to analyze prejudice. See Sealed Plaintiff ,
Here, Plaintiff claims that "Defendants should not suffer any prejudice from Plaintiff proceeding anonymously." Pl. Mot. at 3. Defendants counter by claiming that they would be disadvantaged throughout discovery and trial. Primus Mem. Opp. at 9, ECF No. 48 ("Primus Opp.") ; Skyline Mem. Opp. at 14, ECF No. 47 ("Skyline Opp."). Defendants claim that allowing Plaintiff to proceed anonymously will deter witness testimony, "frustrate defendants' ability to cross-examine," hinder settlement negotiations, and improperly influence the jury. See
VI. Status of Confidentiality in the Proceedings ( Sealed Plaintiff Factor Seven)
The seventh Sealed Plaintiff factor inquires as to the status of a plaintiff's confidentiality thus far in the litigation. See Sealed Plaintiff ,
Here, it is clear from the moving papers that Defendants already know Plaintiff's identity. See Primus Opp.; Skyline Opp. Furthermore, Plaintiff admits that, upon filing her EEOC complaint in which her name and contact information was disclosed, she wanted to afford Defendants an "opportunity to investigate the allegations at the EEOC stage." Pl. Rep. at 3. Plaintiff *408now claims that the risks of physical and emotional harm as well as retaliation will increase should the public be made aware of her identity, without citing any evidence to support that fear of harm from the general public. Thus, because of the disclosure of Plaintiff's identity to Defendants through various administrative proceedings, as well as the lack of evidence corroborating the alleged risk of harm and retaliation from the general public, the seventh factor weighs against allowing Plaintiff to proceed anonymously.
VII. Public Interest in Litigation Furthered by Disclosure and Nature of the Issues ( Sealed Plaintiff Factors Eight and Nine)
Eighth, Sealed Plaintiff directs courts to balance competing interests and determine "whether the public's interest in the litigation is furthered by requiring the plaintiff to disclose [her] identity." Sealed Plaintiff ,
Here, there are no abstract questions of law at issue. Rather, Plaintiff alleges that she was sexually assaulted, sexually harassed, and subject to sexual and racial discrimination. See Compl. These issues are of the type that "further the public's interest in enforcing legal and social norms." North Jersey ,
VIII. Alternative Mechanisms for Protecting Confidentiality
Finally, in consideration with the previous nine factors, courts are to determine "whether there are any alternative mechanisms for protecting the confidentiality of the plaintiff ..." Sealed Plaintiff ,
CONCLUSION
Plaintiff's allegations of sexual assault, sexual harassment, and discrimination are highly sensitive and of a personal nature. Plaintiff's desire to proceed anonymously is understandable, and that desire is one that unfortunately prevents many victims of sexual violence from sharing their story and seeking justice for the harms inflicted upon them. Although Plaintiff's allegations are highly sensitive and of a personal nature, in this case, Sealed Plaintiff factors two through ten either fail to support or weigh against granting Plaintiff's Motion. Thus, Plaintiff has failed to satisfy her burden. For the aforementioned reasons, Plaintiff's Motion for Confidentiality is hereby DENIED.
SO ORDERED.
Since the filing of Plaintiff's Motion, the Parties have participated in Mediation. ECF No. 41 ; see Docket Entry on 1/16/2019.
Although Shakur was decided 12 years before the ten-factor test was promulgated in Sealed Plaintiff , courts continue to cite Shakur for the proposition indicated. See
Reference
- Full Case Name
- Jane DOE v. SKYLINE AUTOMOBILES INC., individually and d/b/a Toyota of Manhattan, Freddy Velez, individually, Kevin Primus, individually, and Anthony Namias, individually
- Cited By
- 61 cases
- Status
- Published