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Other Statutory Actions | Nevada
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REPLY to Response to 28 Motion to Dismiss,, by Defendants DPT Laboratories, LTD., Mayne Pharma Commercial LLC, TherapeuticsMD, Inc.. (Raymond, Daniel)
Minute Order Order on Motion for Miscellaneous Relief
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/15/2026.
Re: 16 Motion for Leave to Proceed in Pseudonym.
Plaintiffs N.O. and H.H. move to proceed using only their initials, arguing that the allegations in this case (that Defendants placed surveillance on their pharmaceutical websites to gather and disseminate Plaintiffs' personal information as Plaintiffs used the websites to obtain information about their prescriptions for acne and menopause symptoms) warrant allowing them to proceed pseudonymously. Defendants do not oppose the motion but argue that Plaintiffs' characterization of the facts is incorrect.
Because Defendants do not oppose and given the fact that the case involves sensitive health information, the Court finds that proceeding pseudonymously is appropriate under the balancing test outlined in Does I Thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1069 (9th Cir. 2000) ("a district court must balance the need for anonymity against the general presumption that parties' identities are public information and the risk of unfairness to the opposing party."). Here, the case involves the "sensitive and highly personal nature" of Plaintiffs' medical conditions and their allegations that their privacy expectations around those conditions was breached. The public does not need to know Plaintiffs' identities to understand the nature of the suit. And Defendants do not oppose Plaintiffs' request to proceed pseudonymously.
IT IS THEREFORE ORDERED that the motion (ECF No. 16 ) is GRANTED.
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