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Renee v. Spellings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 6, 2008

SONYA RENEE, ET AL., PLAINTIFFS,
v.
MARGARET SPELLINGS, ET AL., DEFENDANTS.

[Proposed] ORDER TO PROCEED UNDER FICTITIOUS NAMES

accordance with the Court's directive at that hearing as reflected in the minute order, Plaintiffs and Defendants, through their undersigned counsel, jointly submit the following proposed order:

a minor, by her guardian ad litem N. Doe; and N. Doe in her capacity as a separate, individual plaintiff, have moved the Court to allow them to proceed in this litigation using fictitious names [docket no. 39].

presented by Plaintiffs, under the facts and circumstances of this case, permits non-minor plaintiffs to proceed anonymously in this action where they are proceeding in an individual capacity. plaintiffs is applicable here and supports permitting the minor plaintiffs-and implicitly their guardians ad litem-to proceed under fictitious names in this action. Although General Order No. 53 states that the initials of the minors must be used, Defendants do not object to the persons known as Jane Doe, her guardian ad litem John Doe, B. Doe, and-where proceeding solely as a guardian ad litem- her guardian ad litem N. Doe using their fictitious "Doe" designations in this litigation. Accordingly, the Court grants permission for Jane Doe, her guardian ad litem John Doe, B. Doe, and her guardian ad litem N. Doe to file papers with the Court using their fictitious "Doe" designations.

plaintiff, to proceed in this action under a fictitious name where she is acting in her capacity as an individual plaintiff. Should N. Doe continue in this action in her capacity as an individual plaintiff, she must reveal her true name in papers filed with the Court.

produce to defendants under the Federal Rules of Civil Procedure or other applicable law.

In response to the Court's guidance provided at the hearing on January 30, 2008, and in

1. Plaintiff Jane Doe, a minor, by her guardian ad litem John Doe; Plaintiff B. Doe,

2. The Court has determined that neither General Order No. 53 nor other authority

3. However, General Order No. 53 regarding protecting the identities of minor

4. The Court will not permit N. Doe, nor any other undocumented non-minor

5. This Order shall not apply to any information that plaintiffs are required to

PROOF OF SERVICE

I hereby certify that on February 6, 2008, a true and correct copy of the following documents were served using the Court's ECF system upon the following attorneys for the Defendants:

Peter D. Kiesler Scott N. Schools Sheila M. Liever Michael Q. Hyde Civil Division, Federal Programs Branch United States Department of Justice Massachusetts Ave., N.W., Room 7132 P.O. Box 883 Washington, D.C. 20044 1.

I declare under penalty of perjury that the foregoing is true and correct, and that I executed this proof of service in San Francisco, California, this 6th day of February, 2008.

20080206

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