024-01.pdf

Case 1:19-cv-07625-AJN-DCF Document 24-1 Filed 10/16/19 Page 1 of 5 Case 1:19-cv-07771-PKC Document 28 Filed 09/12/19 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
KATLYN DOE,
Plaintiff,
-against DARREN K. INDYKE, et al..,
Defendant.
-----------------------------------------------------------x
CASTEL, U.S.D.J.
19-cv-7771 (PKC)
ORDER
Plaintiff seeks leave to proceed in this action without disclosing her identity using
instead a pseudonym. She alleges that Jeffrey Epstein, with the assistance of associates and
entities, engaged in "manipulate[ion]," "c011trol," "sexual exploitation," "sexual assault[],"
"sexual abuse," and "forced ... intercourse" of or with plaintiff; she was seventeen when the
course of conduct began. (Complaint ,r,r 58-68.) At this juncture, no defendant has been served.
Rule I0(a), Fed. R. Civ. P., provides that "[t]he title of [a] complaint must name
all the parties." The Second Circuit has recognized that the use of a pseudonym is, however,
appropriate in limited circumstances where the reasons for anonymity outweigh the public's right
of access to judicial proceedings and any prejudice to a defendant. Sealed Plaintiffv. Sealed
Defendant, 537 F.3d 185, 189 (2d Cir. 2008). The Circuit's opinion in Sealed Plaintiff lays out
ten non-exhaustive factors to be considered in determining whether to allow a case to proceed on
an anonymous basis. Id. at 190. The Court analyzes the Complaint in light of these factors.
- 1 -

Case 1:19-cv-07625-AJN-DCF Document 24-1 Filed 10/16/19 Page 2 of 5 Case 1:19-cv-07771-PKC Document 28 Filed 09/12/19 Page 2 of 5
(1) whether the litigation involves matters that are
highly sensitive and of a
personal nature.
The Complaint alleges an on-going pattern of sexual assault and abuse beginning
when plaintiff was seventeen years-old and asserts that she has and is continuing to suffer
psychological injury as a result. (Complaint 1152-65.) These are highly sensitive allegations of
a personal nature.
(2) whether identification of the plaintiff poses a risk of
physical or mental retaliation to the plaintiff or to a
third paity.
No risk of retaliation is alleged. Jeffrey Epstein is dead and there is no credible
evidence of a risk of retaliation from others. There is an allegation of threats of retaliation in the
past if she did not comply with demands for sex acts that she would suffer financial,
psychological, and reputational harm (Id. 1 84) but no facts me alleged that those threats are
likely to continue after the death of Epstein.
(3) whether identification of plaintiff poses the risk of other
harms, their likely severity and whether they ai·e of the type
that the litigation seeks to redress.
The nature of the allegations make it logical to conclude at this emly stage that
disclosure of plaintiffs identity would cause further psychological hmm to plaintiff which is the
precise hann the litigation seeks, in pai-t, to redress.
- 2 -

Case 1:19-cv-07625-AJN-DCF Document 24-1 Filed 10/16/19 Page 3 of 5 Case 1:19-cv-07771-PKC Document 28 Filed 09/12/19 Page 3 of 5
( 4) whether there are other factors that make the
plaintiff paiticularly vulnerable to hmm of
disclosure, for exainple, because of her age.
By the Comt's calculation, the plaintiff is 29 or 30. She is described in the
complaint as having physical conditions that make her paiticularly vulnerable. (Id. ,i,r 54-55.)
She alleges that she has incmTed and will continue to incur "medical and psychological
expenses" as a result of the conduct alleged. (Id. ,i 132.)
(5) whether the action challenges the actions of government or
government actors, or merely private parties.
The actions alleged are not the actions of a government actor or instrumentality
but rather those of private paities.
( 6) the nature of any prejudice to a defendant from
allowing the plaintiff to proceed anonymously and
whether any prejudice can be mitigated by the court.
The Complaint alleges that the representatives of the estate of Epstein have
liability for his actions. It also alleges that various non-natural persons are liable for acts and
omissions causing plaintiff harm. In such circumstances it is critical that the accused defendants
know the identity of the plaintiff in order to investigate and defend against the claim. The Court
can mitigate the prejudice to defendants by requiring the disclosure of the actual name of the
plaintiff in a document to be served on defendants and also filed under seal with the Comt.
Plaintiff does not object to disclosure "for discovery purposes on the condition that Defendants
do not disclose Plaintiff's name to the general public." (P. Mem. 6; Doc 3-1.)
- 3 -

Case 1:19-cv-07625-AJN-DCF Document 24-1 Filed 10/16/19 Page 4 of 5 Case 1:19-cv-07771-PKC Document 28 Filed 09/12/19 Page 4 of 5
(7) whether the plaintiff's identity has thns far been
kept confidential.
Insofar as the Comi is aware, the identity of the plaintiff is not widely known.
(8) whether there is a legitimate public interest or
benefit in requiring the plaintiff
to disclose her identity.
There is public interest in the litigation because of the notoriety of Epstein and
those with whom he associated, but disclosure of the identity of the plaintiff is not likely to be of
a legitimate importance or benefit to the public.
(9) Whether the issues in the action are predominately
or purely legal nature suggesting that the public
interest in the plaintiffs identity may be weak.
The issues in the case are not purely or predominately of a legal nature. This case
turns principally on its facts.
(I 0) whether there are any alternative mechanisms for
protecting the confidentiality of the plaintiff.
It is the disclosure of her identity that would exacerbate any preexisting harm to
plaintiff and hence there is not alternative mechanism for protecting her confidentiality.
CONCLUSION
Factors 1 and 3 tilt strongly in favor of permitting plaintiff to proceed
anonymously and are supported by factors 4, 6, 7, 8 and 10. Factors 2, 5, 9 are either neutral or
- 4 -

Case 1:19-cv-07625-AJN-DCF Document 24-1 Filed 10/16/19 Page 5 of 5 Case 1:19-cv-07771-PKC Document 28 Filed 09/12/19 Page 5 of 5
weakly support denying the motion. The Court concludes that, at this juncture, the public right to
know is substantially outweighed by the plaintiffs legitimate need for anonymity and that
prejudice to a defendant can be mitigated by orders of the Court. The Court reserves the right to
modify this Order as the case progresses.
Plaintiffs motion (Doc 3) is GRANTED. Within seven days of the appearance of
a defendant, plaintiff shall disclose her identity to the appearing defendant in a document to be
submitted to the Court for sealing. No defendant may disclose the identity of plaintiff to any
person other than counsel without further order of this Comi.
SO ORDERED.
Dated: New York, New York
September 11, 2019
/~~ P. Kevin Castel
United States District Judge
- 5 -