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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | Massachusetts
Order on Motion for Leave to File Document Order on Motion for Miscellaneous Relief
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has reviewed Plaintiffs’ motion seeking leave for the individual plaintiffs to proceed under pseudonym, [ECF No. 2 ], Plaintiffs’ memorandum in support thereof, [ECF No. 11 ], and the attached affidavits of individual plaintiffs, [ECF No. 11-1 to -4]. Defendants have not opposed the motion. Although “there is a strong presumption against the use of pseudonyms in civil litigation,” Doe v. Mass. Inst. of Tech., 46 F.4th 61, 67 (1st Cir. 2022) (citation modified), the First Circuit has recognized that in certain “exceptional cases[,] . . . party anonymity ordinarily will be warranted,” id. at 71. In light of the individual plaintiffs’ affidavits and the political acrimony currently surrounding this dispute, the Court concludes that the individual plaintiffs here “reasonably fear[] that coming out of the shadows will cause [them] unusually severe harm,” and anonymity is “necessary to forestall a chilling effect on future litigants who may be similarly situated.” Id. Accordingly, the motion, [ECF No. 2 ], is GRANTED. The Court is “mindful that the balance between a party’s need for anonymity and the interests weighing in favor of open judicial proceedings may change as the litigation progresses,” Mass. Inst. of Tech., 46 F.4th at 73 (citation modified), and notes that it may “periodically reevaluate[]” whether pseudonymity remains necessary in the future, id.Defendants have not yet responded to Plaintiffs’ amended complaint, [ECF No. 90 ]. See Fed. R. Civ. P. 15(a)(3). Defendants are instructed to file a responsive pleading within 21 days of this order. (CAM)
Defendants have not yet responded to Plaintiffs’ amended complaint, [ECF No. 90 ]. See Fed. R. Civ. P. 15(a)(3). Defendants are instructed to file a responsive pleading within 21 days of this order. (CAM)
Notice of Withdrawal of Appearance
NOTICE of Withdrawal of Appearance by Lauren Bryant (Bryant, Lauren)
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