R. v. Coopersurgical, Inc.

Background

Q.R. and S.T. brought a products-liability case against Coopersurgical, Inc., the Cooper Companies, and associated Doe defendants. They alleged that defective embryo culture media destroyed their developing embryos. The plaintiffs asked to proceed pseudonymously, meaning they would use initials rather than their names in publicly filed court materials.

The defendants did not directly oppose pseudonymous treatment. They asked, however, that the plaintiffs provide their full legal names to the defendants under a protective order so the defendants could share unredacted documents with experts or deponents.

Court’s analysis

Federal Rule of Civil Procedure 10 generally requires a complaint to identify the parties, and Rule 17 generally requires an action to be brought in the name of the real party in interest. The court explained that Ninth Circuit law permits pseudonymous litigation in unusual cases when the need for anonymity outweighs prejudice to the opposing party and the public’s interest in knowing the parties’ identities.

The court found that this case involved sensitive personal health matters concerning fertility and contraception. The plaintiffs sufficiently showed that public disclosure of their identities could cause significant embarrassment or emotional injury and could worsen the harm associated with publicly disclosing their fertility struggles. The court found no prejudice to the defendants because the plaintiffs would provide their identities to the defendants for litigation purposes.

The court also concluded that the request was narrowly tailored and would not obstruct public scrutiny of the important issues in the case, including the product-liability and fertility-negligence claims. The court stated that requiring similarly situated plaintiffs to proceed publicly could have a chilling effect that might harm the public interest.

Ruling

Chief United States District Judge Richard Seeborg granted the motion to proceed pseudonymously. Materials filed with the court that refer to the plaintiffs must use the initials Q.R. and S.T. The plaintiffs must disclose their full and legal names to the defendants seven days after entry of a protective order. This order addressed how the plaintiffs would be identified in the litigation; it did not decide the underlying product-liability claims.