ACLU Lawsuit - Motion to File - American Foreign Service Association

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Case 8:12-cv-02297-AW Document 2 Filed 08/02/12 Page 2 of 4 from Internet publication. Three of the Plaintiffs, especially concerned with keeping their identities private, have filed using the name “Jane Doe.” Should Plaintiffs’ motion for a preliminary injunction be denied, or granted and reversed on appeal, or should final judgment in this case be for the Defendants, the presence of Plaintiffs’ home addresses in the caption of this case would make even easier and more likely some of the very harms — identity theft and financial fraud — that they are filing this lawsuit to try to prevent. It would be ironic, and unjustified, to require them to take those risks as a condition of seeking judicial relief. This Court recognizes the need to protect the privacy interests of litigants. For example, the Court’s Privacy Policy for Civil Cases provides that, “Social Security numbers, financial account numbers, dates of birth and names of minor children not parties to a case are personal identifiers which unless otherwise ordered by the court should not appear in public court documents [with certain exceptions] regardless of whether the documents are filed electronically or in paper format.” Like that information, public disclosure of a home address can result in a serious invasion of privacy. The same general principles as filing using pseudonyms should apply here. In Doe v. Von Eschenbach, 2007 WL 1848013 (D.D.C. June 27, 2007) (No. 06-2131 (RMC)), the D.C. Circuit explained that the use of pseudonyms “has been permitted where the issues are ‘matters of a sensitive and highly personal nature . . . .’” Id. at *1 (quoting Southern Methodist Univ. Ass’n of Women Law Students v. Wynne & Jaffe, 599 F.2d 707, 712–13 (5th Cir. 1979)). The Court “balance[s] the presumption of openness with [the] plaintiff’s privacy rights.” Id., at *2. In the circumstances of this case, that balance weighs in favor of keeping Plaintiffs’ home address off the public record. 2
Case 8:12-cv-02297-AW Document 2 Filed 08/02/12 Page 3 of 4 Finally, there is no risk of prejudice to the opposing parties here. Plaintiffs’ counsel will provide Plaintiffs’ home addresses to Defendants’ counsel if they request it, subject to a protective order against public disclosure. Likewise, Plaintiffs’ home addresses can be filed under seal if the Court so directs. Conclusion For these reasons the motion should be granted. A proposed order, permitting individual Plaintiffs to file their Complaint using their attorneys’ address in the caption, is filed herewith. Dated: August 2, 2012 Respectfully Submitted, /s/ Daron T. Carreiro_____________________________ Jack McKay (D. Md. Bar No. 05628) Thomas G. Allen Daron T. Carreiro (D. Md. Bar No. 18075) Kristen E. Baker Vernon C. Thompson, Jr. PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, DC 20037 Office: (202) 663-8000 Fax: (202) 663-8007 Email: jack.mckay@pillsburylaw.com thomas.allen@pillsburylaw.com daron.carreiro@pillsburylaw.com kristen.baker@pillsburylaw.com vernon.thompson@pillsburylaw.com Counsel for Plaintiffs /s/ Arthur B. Spitzer____________________________ Arthur B. Spitzer (D. Md. Bar No. 08628) American Civil Liberties Union of the Nation’s Capital 4301 Connecticut Avenue, N.W., Suite 434 Washington, DC 20008 Office: (202) 457-0800 Fax: (202) 457-0805 Email: art@aclu-nca.org Counsel for Plaintiffs 3
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ACLU Lawsuit - Motion to File - American Foreign Service Association

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