v. Film

Background

The plaintiff, proceeding without a lawyer, filed the action as “Juno (PKC), USA.” The plaintiff asserted that the court had federal-question and diversity jurisdiction and filed motions seeking to proceed under a pseudonym, obtain injunctive relief, compel a ruling, and present documentary evidence. The plaintiff alleged that defendants and “foreign investors and media producers” had misappropriated creative works and personal medical information since 2001. The plaintiff also alleged that disclosure of their identity could cause emotional distress or physical harm and that they had received anonymous threats and intimidation.

Pseudonym request

The court explained that Federal Rule of Civil Procedure 10(a) generally requires a complaint to name all parties. Courts may allow anonymous litigation only in limited circumstances, applying factors that include the sensitivity of the issues, the risk and seriousness of harm from disclosure, vulnerability to that harm, prejudice to defendants, confidentiality to date, the public interest, and alternative ways to protect private information.

The court concluded that the plaintiff’s submissions did not justify anonymous litigation. The court described the allegations as appearing to involve an intellectual-property claim, but found the plaintiff’s references to personal medical information and fears of retaliation too vague to overcome the presumption that court filings are public. The court therefore denied the motion to proceed under a pseudonym. It stated that the plaintiff could later seek to redact sensitive information or ask the court to limit public access to particular documents.

Amended complaint and filing fees

The court granted the plaintiff 30 days’ leave to file an amended complaint bearing their real name, address, and signature. Within the same period, the plaintiff must either pay the $405 stated fee for bringing a civil action or submit an application to proceed without prepaying fees, using their real name, address, and signature. If the application is granted, the plaintiff may proceed without prepaying the fees.

Disposition

The court denied the motion to proceed under a pseudonym and granted 30 days’ leave to file the required amended complaint and fee payment or application. No summons will issue at this time. The pending motions were denied without prejudice. The court stated that failure to comply within the allowed period will result in dismissal without prejudice. It also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.