John Doe Employee v. Shade Masters LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Doe Employee,
Plaintiff,
v.
Shade Masters LLC, et al.,
Defendants.
No. CV-26-01132-PHX-SMM
ORDER
This matter is before the Court on its own review. On February 17, 2026, Plaintiff
John Doe Employee filed a Complaint for unpaid minimum and overtime wages under
the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., unpaid minimum wages
under the Arizona Minimum Wage Act (“AMWA”), Arizona Revised Statutes (“A.R.S.”)
Title 23, Chapter 2, Article 8; and unpaid wages under the Arizona Wage Act (“AWA”)
A.R.S. § 23-350, et seq. (Doc. 1). However, Plaintiff did not reveal its name nor provide
any reason why its name cannot be revealed. (See id.) For the reasons set forth, the Court
strikes Plaintiff’s Complaint. (Id.)
I. 	LEGAL STANDARD
“The normal presumption in litigation is that parties must use their real names.”
Doe v. Kamehameha Sch./Bernice Pauahi Bishop Est., 596 F.3d 1036, 1042 (9th Cir.
2010); see also Fed. R. Civ. P. 10(a) (requiring the title of every complaint to “name all
the parties”). “This presumption is loosely related to the public’s right to open courts,
[citation 	omitted] 	and 	the 	right 	of 	private 	individuals 	to 	confront 	their 	accusers.”
Case 2:26-cv-01132-SMM Document 5 Filed 02/20/26 Page 1 of 3

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Kamehameha, 596 F.3d at 1042 (citations omitted).
The Ninth Circuit allows parties to use pseudonyms in unusual cases where
anonymity is “necessary ... to protect a person from harassment, injury, ridicule or
personal embarrassment.” United States v. Doe, 655 F.2d 920, 922 n.1 (9th Cir. 1980));
Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058, 1067–68 (9th Cir. 2000);
United States v. Stoterau, 524 F.3d 988, 1012 (9th Cir. 2008) (“As a general rule, ‘the
identity of the parties in any action, civil or criminal, should not be concealed except in
an unusual case, where there is a need for the cloak of anonymity.’ ”) (citations and
quotation marks omitted); Doe v. Ayers, 789 F.3d 944, 946 (9th Cir. 2015) (noting that
the use of a pseudonym was proper because of the case’s exceptional nature). To test
whether use of a fictious name is appropriate, courts ask whether “the party’s need for
anonymity outweighs prejudice to the opposing party and the public's interest in knowing
the party's identity.” Advanced Textile Corp., 214 F.3d at 1068.
To determine whether to allow a party to proceed anonymously, a district court
must balance five factors: “(1) the severity of the threatened harm, (2) the reasonableness
of 	the 	anonymous 	party’s 	fears. 	. 	.(3) 	the 	anonymous 	party’s 	vulnerability 	to. 	.
.retaliation, 	(4) 	the 	prejudice 	to 	the 	opposing 	party, 	and 	(5) 	the 	public 	interest.”
Kamehameha, 596 F.3d at 1042. District courts place particular emphasis on the first and
second factors. Id. at 1043.
II. 	DISCUSSION
In 	this 	case, 	Plaintiff 	does 	not 	provide 	any 	reason 	why 	it 	must 	proceed
anonymously as John Doe. 	(See Doc. 1). Also, Plaintiff did not submit a request to the
Court to proceed anonymously. Thus, all five factors of the Ninth Circuit’s test weigh
against Plaintiff proceeding anonymously. See Kamehameha, 596 F.3d at 1042. Given
that Plaintiff provides no reason that necessitates proceeding anonymously, the Court will
strike Plaintiff’s Complaint. (Id.)
//
//
Case 2:26-cv-01132-SMM Document 5 Filed 02/20/26 Page 2 of 3

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Accordingly,
IT IS ORDERED striking Plaintiff John Doe Employee’s Complaint. (Doc. 1).
IT IS FURTHER ORDERED that Plaintiff may re-file its Complaint revealing
its identity on or before February 27, 2026. If Plaintiff fails to timely re-file its Complaint
and reveal its identity, then this matter will be dismissed without prejudice.
Dated this 20th day of February, 2026.
Case 2:26-cv-01132-SMM Document 5 Filed 02/20/26 Page 3 of 3