1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ZAFAR NEYMATOV, et al., Case No. 1:24-cv-01016-CDB 12 Plaintiff, ORDER RE: PLAINTIFF M.N.’S REQUEST

TO PROCEED UNDER PSEUDONYM

13 v. (Doc. 1) 14 ANTHONY J. BLINKEN, et al., 14-Day Deadline 15 Defendants. 16 17 On August 27, 2024, Plaintiffs Zafar Neymatov, Alia Sanatulova, Aleksandr Komarov, 18 and M.N. (“Plaintiffs”) initiated this action to this Court. (Doc. 1). The complaint identifies 19 Plaintiff M.N. as the “minor child” of Plaintiffs Zafar Neymatov and Alia Sanatulova. Id. at ¶ 5. 20 It is well established that minors may proceed in a suit anonymously. Fed. R. Civ. P. 5.2(a). 21 However, the complaint indicates that Plaintiff M.N. will reach the age of 21 in 2025. (Doc. 1 at 22 ¶ 20). Thus, Plaintiff M.N. is not a “minor child.” 23 “[M]any federal courts, including the Ninth Circuit, have permitted parties to proceed 24 anonymously when special circumstances justify secrecy.” Does I thru XXIII v. Advanced Textile 25 Corp., 214 F.3d 1058, 1067 (9th Cir. 2000). “In this circuit,…parties [may] use pseudonyms in 26 the ‘unusual case’ when nondisclosure of the party’s identify ‘is necessary…to protect a person 27 from harassment, injury, ridicule or personal embarrassment.’” Id. at 1067-68 (quoting United 28 States v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1981)). “[A] district court must balance the need 1 | for anonymity against the general presumption that parties’ identities are public information and 2 | the risk of unfaimmess to the opposing party.” /d. at 1068. 3 The Ninth Circuit has identified three situations in which parties have been allowed to 4 || proceed under pseudonyms: “(1) when the identification creates a risk of retaliatory physical or 5 || mental harm; (2) when anonymity is necessary to preserve privacy in a matter of sensitive and 6 || highly personal nature; and (3) when the anonymous party is compelled to admit [his or her] 7 || intention to engage in illegal conduct, thereby risking criminal prosecution...” /d. (citations and 8 | internal quotations marks omitted). A party requesting to proceed pseudonymously has the 9 || burden of showing that their "need for anonymity outweighs prejudice to the opposing party and 10 || the public's interest in knowing the party’s identity.” /d. at 1068-69. 11 Accordingly, IT IS HEREBY ORDERED that on or before September 13, 2024, Plaintiffs 12 | shall either (1) file a motion for Plaintiff M.N. to proceed pseudonymously in this action, or (2) 13 | file a first amended complaint identifying Plaintiff M.N. by full name. 14 | □□ ISSO ORDERED. | Dated: _ August 30, 2024 | wan D ba 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28