3242508 (14654.3)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ISELA V. MARQUEZ and FERNANDO ) 

MARQUEZ, as plenary co-guardians of ) 

CHLOE MARQUEZ, a disabled person; JANE ) 

DOE and JOHN DOE , legal guardians of JANE ) 

DOE 2, a minor, ) 

Plaintiffs, )

) Case No.: 20-cv-4267

v. )

)

BHC STREAMWOOD HOSPITAL, INC., a )

Tennessee corporation, doing business as ) Plaintiffs Demands Trial by Jury

STREAMWOOD BEHAVIORAL ) 

HEALTHCARE SYSTEM, )

)

Defendant. ) 

MOTION TO PROCEED UNDER THE PSEUDONYMS OF JANE DOE, JOHN DOE, 

AND JANE DOE 2 

Jane Doe and John Doe, as the legal guardians of Plaintiff Jane Doe 2, a minor, by their 

attorneys, Jennifer Sender and Andrés J. Gallegos of Robbins Salomon & Patt, Ltd., move this 

Court for leave to file the Complaint under the pseudonyms of Jane Doe, John Doe and Jane Doe 

2, respectively. In support of said motion, Plaintiff states as follows: 

1. A copy of the proposed Complaint is attached hereto as Exhibit A. With leave of

court, the Plaintiff will file under seal the Complaint using the Does’ proper names. 

2. In the Complaint, Plaintiffs are seeking injunctive and monetary compensation

against defendant for violations of Title III of the Americans with Disabilities Act (“ADA”), 42 

U.S.C. §§ 12181–12189; Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. 

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§ 794, et seq.; and Section 1557 of the Patient Protection and Affordable Care Act (“Section

1557”), 42 U.S.C. § 18116. Plaintiffs allege that the defendant violated these federal antidiscrimination statutes by refusing to admit Plaintiffs, Chloe Marquez and Jane Doe 2, to its 

psychiatric hospital based on the disabilities of the Plaintiffs.

3. As alleged in the proposed Complaint, Jane Doe 2 is a minor.

4. As more fully described in the proposed Complaint, the events surrounding the

requested admission of Jane Doe 2 to defendant’s facility, were very traumatic and sensitive in 

nature, namely, Jane Doe 2 was experiencing a psychiatric crisis, including anxiety and delusions, 

and was expressing thoughts of suicide, and a hospital emergency department’s psychiatry crisis 

intervention team was seeking immediate placement of her in mental and behavioral health facility 

for treatment. (See Exhibit A, ¶¶ 18-20.) 

5. A district court has the discretion to allow parties to proceed under fictitious names.

K.F.P. v. Dane County, 110 F.3d 516, 519 (7th Cir. 1997). “To proceed anonymously, a party must 

demonstrate ‘exceptional circumstances’ that outweigh both the public policy in favor of identified 

parties and the prejudice to the opposing party that would result from anonymity.” Village of 

Deerfield, 819 F.3d 372, 377 (7th Cir. 2016). “[P]articularly vulnerable parties” such as “children 

[or] rape victims” may be better positioned to demonstrate exceptional circumstances. Id. (quoting 

Doe v. Blue Cross & Blue Shield United of Wisconsin, 112 F.3d 869, 872 (7th Cir. 1997)). “The 

presumption that parties’ identities are public information, and the possible prejudice to the 

opposing party from concealment, can be rebutted by a showing that the harm to the [party 

requesting anonymity]...exceeds the likely harm from concealment.” Doe v. City of Chicago, 360 

F.3d 667, 669 (7th Cir. 2004). 

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6. Here, exceptional circumstances exist to warrant the use of fictitious names for the

protection of a child. Moreover, given the sensitive medical nature of the circumstances that led to 

this litigation, as fully set forth in the proposed Complaint, the privacy of the minor Plaintiff 

exceeds any likely harm from concealment of her identity. Finally, anonymity of Plaintiff’s 

parents, as her guardians, is necessary to ensure the anonymity of the minor Plaintiff, as her name 

could easily be discerned by the disclosure of her parents’ names. 

WHEREFORE, Jane Doe and John Doe, as the legal guardians of Plaintiff Jane Doe 2, a 

minor, request that this Honorable Court allow them leave to file the Complaint under the 

pseudonyms of Jane Doe, John Doe and Jane Doe 2, respectively. 

Jane Doe and John Doe, as legal guardians of Plaintiff Jane 

Doe 2, a minor. 

/s/ Jennifer M. Sender 

____________________________ 

One of Their Attorneys 

Jennifer M. Sender (ARDC No. 6207774) 

Andrés J. Gallegos (ARDC No. 6212168) 

Attorneys for Plaintiff Jane Doe 2 

ROBBINS, SALOMON & PATT, LTD.

180 N. LaSalle Street, Suite 3300 

Chicago, Illinois 60601 

(312) 782-9000 - Telephone 

(312) 782-6690 - Facsimile

jsender@rsplaw.com 

agallegos@rsplaw.com

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