R. et al v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION et al
| TAMARA R., L. R., WENDILEE WALPOLE LASSITER, TERRIE KALLAL and NATIONAL ARCHIVES MUSEUM |
| NATIONAL ARCHIVES AND RECORDS, ) COMPLAINT ADMINISTRATION, DEBRA STEIDEL WALL, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JANE DOE 1 and NATIONAL ARCHIVES AND RECORDS ADMINISTRATION |
| 1:2023cv00365 |
| February 8, 2023 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 NOTICE of Appearance by Olivia F. Summers on behalf of All Plaintiffs (Summers, Olivia) |
| Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/28/2023. Answer due for ALL FEDERAL DEFENDANTS by 4/29/2023. (Sisney, Benjamin) |
| Filing 18 NOTICE of Appearance by Abigail A. Southerland on behalf of All Plaintiffs (Southerland, Abigail) |
| Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES MUSEUM served on 2/21/2023 (Sisney, Benjamin) |
| Filing 16 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/21/2023. (Sisney, Benjamin) |
Filing 15
CONSENT ORDER and ORDER REFERRING CASE to Mediation. See Order for details. Signed by Judge Timothy J. Kelly on 2/15/2023. (lctjk1)
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| Case Stayed. (zkh) |
| Filing 14 NOTICE of Appearance by Edward L. White, III on behalf of All Plaintiffs (White, Edward) |
| Filing 13 ERRATA (Joint) by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL ARCHIVES MUSEUM, DEBRA STEIDEL WALL re #12 Motion for Order. (Dreier, Douglas) |
| Filing 12 Joint MOTION for Order (Consent Order) by NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL ARCHIVES MUSEUM, DEBRA STEIDEL WALL. (Attachments: #1 Text of Proposed Order)(Oblea, Erika) |
| Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Sisney, Benjamin) |
| Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 2/13/2023 (Sisney, Benjamin) |
| Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEBRA STEIDEL WALL served on 2/13/2023 (Sisney, Benjamin) |
| Filing 8 NOTICE of Appearance by Erika Kirstie Oblea on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL ARCHIVES MUSEUM, DEBRA STEIDEL WALL (Oblea, Erika) |
| Filing 7 NOTICE of Appearance by Douglas C. Dreier on behalf of NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, NATIONAL ARCHIVES MUSEUM, DEBRA STEIDEL WALL (Dreier, Douglas) |
| Filing 6 SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zrtw) |
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MINUTE ORDER (paperless) GRANTING plaintiff Tamara R.'s #2 Sealed Motion to Proceed under Pseudonym ("motion" or "Mot.") and plaintiff's #3 Sealed Motion for Leave to File Document Under Seal, which document contains her full name and address. Plaintiff Tamara R. and her child, L.R., are U.S. citizens and Michigan residents and both join as plaintiffs with two other plaintiffs in bringing this lawsuit. Compl. 12. L.R. visited the National Archives with a group of approximately 15 students and her mother Tamara R. on January 20, 2023, id., while wearing a "pro-life t-shirt with the message, 'Life is a HUMAN RIGHT,' and a button on the strap of her bag containing the inscription 'Pro-Love is the New Pro-life,'" id. 35. "Various classmates of L.R.'s wore similar or other pro-life attire." Id. 36. After entering the National Archives, L.R. was allegedly told to cover up or remove this pro-life attire by police/security officers in the building. Id. 39-47. The other plaintiffs allege they experienced similar conduct. Id. 51-59. Plaintiffs sued the National Archives and Records Administration, the Acting Archivist, and the police/security officers involved, alleging, inter alia, violations of their rights under the First and Fifth Amendments to the U.S. Constitution. Id. 6. Plaintiff Tamara R. has now filed the instant motion because she is suing on behalf of minor L.R., who is required to proceed anonymously under Federal Rule of Civil Procedure 5.2(a), and, in her words, "[p]rotecting the identity of the parent is necessary to avoid the risk of revealing the minor child's identity." Mot. at 3. Plaintiffs' motion is granted only because "[i]n cases where the identities of a minor and parent or guardian are 'inextricably intertwined,' courts allow parents or guardians to proceed under pseudonym when suing on the minor's behalf." Asylumworks v. Wolf, No. 1:20-cv-03815, 2020 U.S. Dist. LEXIS 264893, at *8 n.2 (D.D.C. Dec. 23, 2020). Rule 17(c) of the Federal Rules of Civil Procedure requires that a representative of a minor, such as a parent or guardian, sue on behalf of a minor. Fed. R. Civ. P. 17(c). "[U]nless the parent or guardian is granted anonymity, the child's identity would effectively be revealed in the court filing through a combination of the name of the parent or guardian and the child's initials. The protection extended to the child by Federal Rule 5.2(a)(3) and federal law would be eviscerated." Eley v. District of Columbia, 2016 U.S. Dist. LEXIS 147955, *4 (D.D.C. Oct. 25, 2016) (quotation marks omitted). Accordingly, it is ORDERED that plaintiff Tamara R.'s #2 Sealed Motion to Proceed under Pseudonym and #3 Sealed Motion for Leave to File Document Under Seal is GRANTED, subject to any further consideration by the United States District Judge to whom this case is randomly assigned; and it is further ORDERED that plaintiff Tamara R. may proceed by using her first name and the first initial of her last names as a pseudonym; and it is further ORDERED that plaintiff Tamara R.'s #3 Sealed Motion for Leave to File Document Under Seal, including her full name, shall remain under seal until further order of the Court; and it is further ORDERED that the defendants are prohibited from publicly disclosing plaintiff Tamara R. full name or any personal identifying information that could lead to the identification of her or her minor child, L.R., by nonparties, except for the purposes of investigating the allegations contained in the Complaint and for preparing an answer or other dispositive motion in response. Signed by Chief Judge Beryl A. Howell on February 10, 2023. (lcbah4)
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| Case Assigned to Judge Timothy J. Kelly. (zrtw) |
| Filing 5 NOTICE of Appearance by Christina Compagnone on behalf of TERRIE KALLAL, WENDILEE WALPOLE LASSITER, L. R., TAMARA R. (Compagnone, Christina) |
| Filing 4 NOTICE of Appearance by Benjamin Paul Sisney on behalf of TERRIE KALLAL, WENDILEE WALPOLE LASSITER, L. R., TAMARA R. (Sisney, Benjamin) |
| Filing 3 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by TERRIE KALLAL, WENDILEE WALPOLE LASSITER, L. R., TAMARA R. (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit Sealed Document, #2 Text of Proposed Order)(Sisney, Benjamin) |
| Filing 2 SEALED MOTION to Proceed Under Pseudonym filed by TERRIE KALLAL, WENDILEE WALPOLE LASSITER, L. R., TAMARA R. (Attachments: #1 Text of Proposed Order)(Sisney, Benjamin) |
| Filing 1 COMPLAINT against JANE DOE 1, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, NATIONAL ARCHIVES AND RECORDS, ) COMPLAINT ADMINISTRATION, NATIONAL ARCHIVES MUSEUM, DEBRA STEIDEL WALL with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9849112) filed by WENDILEE WALPOLE LASSITER, L. R., TERRIE KALLAL, TAMARA R.. (Attachments: #1 Civil Cover Sheet, #2 Summons NARA, #3 Summons Wall/NARA, #4 Summons NARA Gen. Counsel, #5 Summons NAM, #6 Summons US AG, #7 Summons US Atty. DC)(Sisney, Benjamin) |
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