Kimberly R. v. Anthem Blue Cross Life and Health Insurance Company
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|Date Filed||#||Document Text|
|September 23, 2014
ORDER RE STIPULATION FOR DISMISSAL WITH PREJUDICE by Judge Percy Anderson, re Stipulation 29 . IT IS HEREBY ORDERED that this action, Case No. CV 14-732 PA (Ex) is dismissed in its entirety, with prejudice. IT IS HEREBY FURTHER ORDERED that each party shall bear its own attorneys' fees and costs in this matter. Case Terminated. Made JS-6. (jloz)
|February 18, 2014
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Pursuant to Federal Rule of Civil Procedure 10, a complaint must set out the names of all parties to the action. Fed. R. Civ. P. 10(a). "The normal presumption in litigation is that parties must use their real names." Doe v. Kamehameha Sch., 596 F.3d 1036, 1042 (9th Cir. 2010). "[W]hen special circumstances justify secrecy," a party may be permitted to proceed anonymously or use a pseudonym. Does I Thru XXIII v. Adv anced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000). A party, however, must obtain leave from the court in order to proceed under a fictitious name. In the present case, the Complaint does not provide the plaintiffs full or real name. Inst ead, the Complaint only identifies the plaintiff in this action as "Kimberly R." ("Plaintiff"). (See Docket No. 1.) Plaintiff, however, has not sought leave from this Court to proceed in this action under this pseudonym. Acco rdingly, the Court orders Plaintiff to show cause in writing why this action should not be dismissed for failure to comply with Federal Rule of Civil Procedure 10. In the alternative, Plaintiff may file an Amended Complaint listing Plaintiff's full name. Plaintiff's response to this Order shall be filed by March 3, 2014. Failure to timely respond to this Order may result in the dismissal of this action without further notice or the imposition of sanctions. (pso)
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