In Doe v. Fox Corp., No. 653743/2024, 2024 WL 4680514 (N.Y. Sup Ct, New York County Oct. 31, 2024), the court granted plaintiff’s (unopposed) motion to proceed via pseudonym.
From the decision:
The First Department has held that trial courts must exercise their discretion to limit the public nature of proceedings sparingly, and only when unusual circumstances so require (Anonymous v Anonymous, 27 AD3d 356, 361 [1st Dept 2006]). Plaintiffs who wish to proceed anonymously must provide specific facts to allow the court to exercise its discretion (Twersky v Yeshiva Univ., 201 AD3d 559, 560 [1st Dept 2022]).
The instant litigation involves allegations of sexual assault and therefore involves matters that are highly sensitive and personal.
Moreover, Jane Doe, who is already allegedly suffering from alleged emotional distress, claims that she will suffer from further emotional deterioration for fear of her family being retaliated against for her bringing this lawsuit. Plaintiff also fears personal retaliation and alleges she has already been retaliated against for reporting her sexual assault to her former employer, Fox. Fear over personal safety and the wellbeing of non-parties provides sufficient basis for proceeding anonymously (N.S. v Frankenhoff, 215 AD3d 592 [1st Dept 2023]).
The court concluded that “[t]his is the kind of case and facts which frequently warrant allowing a plaintiff to proceed anonymously.”