Doe v. Real ID Inc.
| Jane Doe |
| Real ID Inc. |
| 1:2023cv21564 |
| April 26, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 Renewed MOTION For Leave to Proceed Under a Pseudonym re 14 Order on Motion to Seal, , MOTION for Protective Order by Jane Doe. (Attachments: #1 Text of Proposed Order Proposed Order Granting Renewed Motion for Leave To Proceed in Pseudonym, #2 Motion for Entry of Protective Order, #3 Text of Proposed Order Proposed Protective Order)(Teran, Santiago) |
| SYSTEM ENTRY - Docket Entry 17 [misc] restricted/sealed until further notice. (1861757) |
| SYSTEM ENTRY - Docket Entry 15 [misc] restricted/sealed until further notice. (1861757) |
Filing 14
PAPERLESS ORDER granting #10 Motion for Leave to File Under Seal. Plaintiff's Certificate of Interested Persons as well as Plaintiff's forthcoming renewed motion for leave to proceed under a pseudonym, and its respective attachments, shall remain under seal for one (1) year or until further order of the Court. Signed by Judge Darrin P. Gayles on 6/2/2023. (mja)
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| Filing 13 Clerk's Entry of Default as to Real ID Inc.. Signed by DEPUTY CLERK on 6/1/2023. (jas) |
| Filing 12 MOTION for Clerk's Entry of Default as to Real ID Inc. by Jane Doe. (Teran, Santiago) |
| Filing 11 MEMORANDUM of Law re #10 MOTION to Seal Plaintiff's Certificate of Interested Persons & Evidence in Support of Plaintiff's Forthcoming Renewed Motion for Leave to Proceed under a Pseudonym per Local Rule 5.4 by Jane Doe. (Teran, Santiago) |
| Filing 10 MOTION to Seal Plaintiff's Certificate of Interested Persons & Evidence in Support of Plaintiff's Forthcoming Renewed Motion for Leave to Proceed under a Pseudonym per Local Rule 5.4 by Jane Doe. (Attachments: #1 Text of Proposed Order) (Teran, Santiago) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jane Doe. Real ID Inc. served on 5/3/2023, response/answer due 5/24/2023. (Teran, Santiago) |
| Filing 8 NOTICE of Change of Address, Email or Law Firm Name by Santiago Jorge Teran (Teran, Santiago) |
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Filing 7
PAPERLESS ORDER denying #4 Plaintiff's Motion for Leave to Proceed in Pseudonym or, in the Alternative, for Entry of a Protective Order. Generally, parties must identify themselves in federal civil actions. See Fed. R. Civ. P. 10(a). However, "[this] rule is not absolute. A party may proceed anonymously in a civil suit in federal court by showing that [s]he has a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings." Plaintiff B. v. Francis, 631 F.3d 1310, 131516 (11th Cir. 2011) (quotations and citations omitted). To determine whether a plaintiff has shown that she has such a right, the Eleventh Circuit has held that the deciding court shall apply the three-pronged analysis set forth in S. Methodist Univ. Ass'n of Women Law Students v. Wynne & Jaffe, 599 F.2d 707 (5th Cir. 1979) (hereinafter "SMU"). Id. at 1316 (Courts should ask: "First, are the plaintiffs seeking anonymity challenging governmental activity? Second, will they be required to disclose information of the utmost intimacy? Third, will the plaintiffs be compelled to admit their intention to engage in illegal conduct and thus risk criminal prosecution?"). Nevertheless, the three-pronged SMU analysis is only the "first step for evaluating whether to let a plaintiff proceed to trial anonymously." Id. Courts have also considered other factors such as whether the plaintiffs were minors, threatened with violence or physical harm by proceeding in their own names, and whether their anonymity posed a unique threat of fundamental unfairness to the defendant. Id. (citations omitted).Here, the circumstances outlined by Plaintiff in the instant Motion fail to satisfy the three-pronged analysis established in SMU, nor do they mirror or closely resemble the additional circumstances courts have found to establish good cause warranting pseudonym status. Notably, this is a case against a private party, not a government entity, and Plaintiff is an adult, not a minor. Moreover, failing to disclose Plaintiff's identify would likely impede Defendant's ability to proceed in this matter. See e.g., Doe v. Evident ID Inc., 603 F. Supp. 3d 292, 295 (S.D. W. Va. May 19, 2022) (denying the plaintiffs motion for leave to proceed in pseudonym because there were "no extraordinary circumstances to support Plaintiff's request for anonymity that prevail over the public's interest in openness and the prejudice that anonymity would pose to Defendants."). The Court also finds that Plaintiff has not shown good cause warranting a protective order that would require any reference to Plaintiff's identity or identifying information to be filed under seal. Accordingly, the Motion is DENIED. Signed by Judge Darrin P. Gayles on 5/1/2023. (mja)
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| Filing 6 Clerk's Notice to Filer re #4 MOTION for Leave to Proceed in Pseudonym MOTION for. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jas) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 4/26/2023. (mja) |
| Filing 4 MOTION for Leave to Proceed in Pseudonym, or in the alternative, MOTION For Entry of a Protective Order by Jane Doe. (Teran, Santiago). Added MOTION for on 4/26/2023 (jas). |
| Filing 3 Summons Issued as to Real ID Inc.. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) |
| Filing 1 COMPLAINT against Real ID Inc.. Filing fees $ 402.00 receipt number AFLSDC-16571209, filed by Jane Doe. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Teran, Santiago) |
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| Plaintiff: Jane Doe | |
| Represented By: | Santiago Jorge Teran |
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| Defendant: Real ID Inc. | |
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