UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

FREEDOM FROM RELIGION

FOUNDATION, et al.,

Plaintiffs,

v.

CONCORD COMMUNITY SCHOOLS, 

Defendants.

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CAUSE NO. 3:15-CV-463-JD-CAN

ORDER

On October 7, 2015, Plaintiffs filed their Motion to Proceed by Anonymous Name and

Motion for Protective Order [Doc. No. 4]. Through their motion, Plaintiffs seek the Court’s

permission for the two Doe Plaintiffs to proceed anonymously because one Doe Plaintiff is a

minor, because of the history of violence and intimidation against plaintiffs in other

Establishment Clause cases similar to this one, and because there is a reasonable expectation that

the Doe Plaintiffs here will be the victims of harassment, injury, and other serious harm if their

identities are made public. 

On November 23, 2015, the parties filed stipulations on several matters including a

stipulation that “Defendant does not object to Plaintiffs proceeding anonymously.” Doc. No. 36

at 1. Because Plaintiffs have demonstrated good cause consistent with Seventh Circuit precedent

on litigating pseudonymously and because Defendant does not object, the Court GRANTS

Plaintiffs’ motion. [Doc. No. 4]. Accordingly, the Court ENTERS the following protective

order as proposed by Plaintiffs:

• The individual plaintiffs may proceed in this case by the anonymous names of

John Doe and Jack Doe. The parties shall use the pseudonyms for the plaintiffs in

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all pleadings, papers, hearings, and in open court, and other statements and

documents that are matters of public record.

• When counsel enter appearances for defendants, plaintiffs’ counsel shall disclose

to defendant’s counsel the actual names of plaintiffs. Plaintiffs and their counsel

shall not be required to disclose the plaintiffs’ identities to any other person.

• Defendant’s counsel are permitted to disclose the plaintiffs’ identities, addresses,

or other information from which their identities can be discerned to any Concord

Community Schools employee only if (i) such disclosure is necessary to allow

counsel to fully and fairly represent the defendant and (ii) each Concord

Community Schools employee to whom such disclosure is made, prior to the

making of such disclosure, is given a copy of this order, reads it, and understands

its content and that he or she is subject to it. Defendant’s counsel and all Concord

Community Schools employees are otherwise forbidden from taking any action

that discloses to any person, including Concord Community School Board

members or Concord Community Schools employees, the plaintiffs’ identities,

addresses, or other information from which their identities can be discerned.

• All court personnel (including court reporters and their staff or agents) who learn

the plaintiffs’ identities, addresses, or other information from which their

identities can be discerned are hereby prohibited from taking any action that

discloses to any person the plaintiffs’ identities, addresses, or other information

from which their identities can be discerned.

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• The parties shall file under seal any and all documents in this case that contain

plaintiffs’ actual names, addresses, or other information from which their

identities can be discerned.

• Unless otherwise ordered, Plaintiffs shall not be required to be present in open

court hearings of this cause. Unless otherwise ordered, any and all testimony to be

presented by the plaintiffs may be presented by deposition testimony.

• It is the intent of this order to preserve the anonymity of the individual plaintiffs

to the greatest extent possible while affording the parties adequate information to

effectively address the issues in this matter. Failure by any person to comply with

the terms of this Order shall subject the violator to a finding of contempt of court,

the penalty for which may include incarceration.

SO ORDERED.

Dated this 30th of November, 2015.

 S/Christopher A. Nuechterlein 

Christopher A. Nuechterlein

United States Magistrate Judge

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