Victim 1 v. Office of Federal Contract Compliance Programs

Background

The plaintiff filed this case under the pseudonym “Victim 1” and without a lawyer. The opinion says she identifies herself as an attorney residing in Brooklyn, New York. She had already filed an amended complaint and a second amended complaint. The court accepted the second amended complaint but noted that she must obtain permission for any further amendment.

The opinion indicates that the lawsuit is ostensibly intended to restore the plaintiff’s New York Civil Service salary. The filings name federal and state entities and several individuals who, according to the court, do not appear to have been involved in the events related to the claims. The complaint also included a 19-page narrative that largely did not concern the plaintiff’s employment. The court stated that any third amended complaint must comply with the rule requiring a short and plain statement of the court’s jurisdiction, claims, and requested relief.

Anonymity requirement

Federal Rule of Civil Procedure 10(a) generally requires a complaint’s title to name all parties. The court explained that proceeding under a pseudonym is allowed only in limited circumstances and ordinarily requires a motion seeking permission. The plaintiff had filed no such motion and had given no reason for proceeding anonymously. Because she identifies herself as an attorney representing herself, the court also said she was not entitled to the special consideration normally given to people representing themselves.

Court’s order

The court directed the plaintiff to file a third amended complaint within 30 days of the order. That complaint must use her real name and signature, include the docket number 24-CV-2712 (LTS), identify the defendants, and state her claims. Alternatively, if she wishes to proceed anonymously, she must also file within 30 days a document specifically titled “Motion to Proceed Anonymously,” explaining why anonymity should be permitted and bearing her real name and signature. If the court grants that motion, she may proceed under the pseudonym.

The court said it could not review the substance of the complaint until the anonymity issue was resolved. It postponed deciding the plaintiff’s application to proceed without paying filing fees, directed that no summons issue at that time, and stated that the action will be dismissed without prejudice if she does not comply within the permitted time. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal.