THOMAS J. WHELAN, District Judge.
Pending before the Court are: (1) Defendants' ex parte application to use an abbreviated pseudonym in place of their surname in this matter [Doc. 5]; and (2) a petition by Defendant Mary C., a minor, to appoint guardians ad litem. [Doc. 6.] Despite the passing of eleven days since the filing of both documents, Plaintiff has not opposed either. The Court decides the matters on the papers submitted and without oral argument. For the reasons that follow, the Court will grant both the Application and the Petition.
"In this circuit, we allow parties to use pseudonyms in the `unusual case' when nondisclosure of the party's identity `is necessary . . . . to protect a person from harassment, injury, ridicule or personal embarrassment.'"
Here, Defendants contend that "the use of pseudonyms is necessary to prevent the disclosure of private medical, psychological, and academic information regarding Mary C.[,] which might cause embarrassment to her and her parents." (Ex Parte App. for Use of Pseudonyms [Doc. 5] 2:8-10.) This makes sense, as the case involves a student's curriculum adapting to meet her particular medical needs. (See Compl. [Doc. 1]; Answer and Cross-Compl. [Doc. 4].) Any potential harm could be severe, taking the form of disclosure of a child's private medical information. Such disclosure could cause ramifications for her future, and it could cause embarrassment to her family. Any public interest in a school district's treatment of special needs students does not hinge on Plaintiffs' identities, and there would appear to be no prejudice to Plaintiff in granting the request. Plaintiff does not oppose.
Defendants' application to proceed using an abbreviated pseudonym in place of their surname will be granted. [Doc. 5.]
"A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem—or issue another appropriate order—to protect a minor or incompetent person who is unrepresented in an action." Fed. R. Civ. P. 17(c)(2). This rule "requires a court to take whatever measures it deems proper to protect an incompetent person during litigation."
Mary C.'s petition represents to the Court that: (1) Petitioner Mary C. is ten years old; (2) she has no general guardian; (3) no previous petition for appointment of a guardian ad litem has been filed in this matter; and that (4) Melissa and Robert C., Mary's parents, with whom she resides, are both willing and able to act as her guardian ad litem in this action. (Petition [Doc. 6] ¶¶ 1-5.) Given the foregoing findings of fact, the petition to appoint Melissa and Robert C. as Mary C.'s guardian ad litem will be granted.
In light of the foregoing:
Defendants' application to use an abbreviated pseudonym in place of their surname is
Defendants' Petition to appoint guardians ad litem is