-8- anonymous litigation to proceed. Qualls v. Rumsfeld, 228 F.R.D. 8, 10 (D.D.C. 2005) (citing Roe v. Wade, 410 U.S. 113 (1973), and Doe v. Sullivan, 938 F.2d 1370, 1374 (D.C. Cir. 1991)). The decision whether to allow parties to proceed anonymously is in the discretion of the trial court. James v. Jacobson, supra at 238. A party may generally proceed anonymously when the trial court reasonably determines that the need for anonymity outweighs the prejudice to the opposing party and the general presumption that the parties’ identities are public information. See Does I Thru XXIII v. Advanced Textile Corp., supra at 1068. Some factors to be considered in deciding whether a party may proceed anonymously include whether the party challenges governmental activity, whether the party is required to disclose information of the utmost intimacy, and whether the party is compelled to admit his or her intention to engage in illegal conduct. Doe v. Stegall, supra at 185. Petitioner has a unique need for anonymity in this case. Petitioner fears that physical harm may come to petitioner or petitioner’s family and their lives placed in jeopardy if petitioner’s identity or financial circumstances were made public in this case. We weigh this risk of physical harm against the risk of prejudice to respondent and the public interest in knowing the parties’ identities. See Does I Thru XXIII v. Advanced Textile Corp., supra at 1068. We hold that petitioner may preserve anonymity in the special circumstances of this proceeding because petitioner’s need for anonymity outweighsPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011