New York State Court of Claims

New York State Court of Claims
DOE v. THE NEW YORK STATE, # 2020-053-535, Claim No. NONE, Motion No. M-95717

Synopsis

By Order to Show Cause, claimant sought permission to prosecute this action using the pseudonym "LG 39 Doe". Claimant's motion is granted and all papers filed in this action shall refer to claimant only as LG 39 Doe. The State and their attorneys are also required to provide a copy of this Order to all individuals and entities to whom disclosure is necessary during the litigation and they are to sign an acknowledgment to be bound by this Order.

Case information

UID: 2020-053-535
Claimant(s): LG 39 DOE
Claimant short name: DOE
Footnote (claimant name) :
Defendant(s): THE NEW YORK STATE
Footnote (defendant name) : The caption has been amended sua sponte to reflect the proper defendant.
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): NONE
Motion number(s): M-95717
Cross-motion number(s):
Judge: J. DAVID SAMPSON
Claimant's attorney: LIPSITZ GREEN SCIME & CAMBRIA, LLP
BY: AMY C. KELLER, Esq.
Defendant's attorney: HON. LETITIA JAMES
New York State Attorney General
BY: Carlton K. Brownell, III, Esq.
Third-party defendant's attorney:
Signature date: August 24, 2020
City: Buffalo
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, LG 39 Doe, having commenced this action against Respondents pursuant to the Child Victims Act, revival statute,

AND, Claimant, LG 39 Doe, having moved by Order to Show Cause filed July 27, 2020, seeking permission to prosecute this action using the pseudonym "LG 39 Doe"; to permit Claimant to file her Claim, nunc pro tunc, using a pseudonym; for an Order directing that all papers filed in this action, and all judgments, orders, decisions, notices to or from the Court, and any other documents relating to this action, shall refer to Claimant only as "LG 39 Doe" or be redacted to remove her true name; prohibiting Respondents and their attorneys from publishing or otherwise disclosing Claimant's true name or personal data or information that would permit a person to ascertain Claimant's true name, to any individual or entity, except as required to defend this action; and requiring Respondents and their attorneys provide a copy of this requested order to all individuals or entities to whom disclosure is necessary during the course of this litigation, and as a prerequisite, prior to disclosing Claimant's true identity, have each individual and/or entity sign an acknowledgement that said individual and/or entity has read and is bound by the terms of the requested order. In support of Claimant's Order to Show Cause, Claimant submitted the Affidavit of Amy C. Keller, Esq., sworn to July 15, 2020, with exhibits attached thereto, and the Affidavit of Claimant, LG 39 Doe, sworn to July 10, 2020,

AND, Claimant's requested Order to Show Cause having been granted July 29, 2020, by the Honorable J. David Sampson,

AND, responding papers, if any, were due on or before August 7, 2020,

AND, Respondents and their counsel having receipted proper notice of Claimant's Order to Show Cause,

AND, Respondents having submitted in opposition, the Affirmation of Carlton K. Brownell, III, Esq., affirmed to be true on August 5, 2020,

AND, Claimant having submitted in further support, the Reply Attorney Affidavit of Amy C. Keller, Esq., sworn to August 7, 2020, with the exhibit attached thereto,

AND, the Court having heard oral argument on August 12, 2020, by Amy C. Keller, Esq., in support of Claimant's Order to Show Cause and by Carlton K. Brownell, III, Esq., in opposition;

NOW, UPON, due deliberation and in the exercise of the Court's discretion, it is hereby

ORDERED, that Claimant's motion for permission to prosecute this action using the pseudonym "LG 39 Doe" is granted, and it is further,

ORDERED that Claimant is permitted, nunc pro tunc, to file her Claim using said pseudonym, rather than her true name, and it is further

ORDERED that all papers filed in this action, and all judgments, orders, decisions, notices to or from the Court, and any other documents relating to this action, shall refer to Claimant only as "LG 39 Doe," or be redacted to remove her true name, and it is further

ORDERED that Respondents and their attorneys are prohibited from publishing or otherwise disclosing Claimant's true name, or personal data or information that would permit a person to ascertain Claimant's true name, to any individual or entity, except as required to defend this action, and it is further

ORDERED that Respondents and their attorneys are required to provide a copy of this order to all individuals or entities to whom disclosure is necessary during the course of this litigation, and as a prerequisite, prior to disclosing Claimant's true identity, have each individual and/or entity sign an acknowledgment that said individual and/or entity has read and is bound by the terms of this order, and is further

ORDERED that Respondents may move the Court and request reconsideration of the relief granted to Claimant herein, upon a showing, Respondents are unable to complete pretrial discovery and investigation, as a result of the relief granted herein; and it is further

ORDERED that Claimant's counsel shall provide Respondents' counsel with the Claimant's true identity within ten days of service of this Order; and it is further

ORDERED that Respondents shall have forty (40) days from service of this Order, with Notice of Entry, upon the Attorney General's Buffalo office, to answer or otherwise move in this matter.

August 24, 2020

Buffalo, New York

J. DAVID SAMPSON

Judge of the Court of Claims

The following were read and considered by the Court.

1) Order to show cause dated July 29, 2020, affidavit of Amy C. Keller, Esq. sworn to on July 15, 2020 with annexed exhibits A-D; and claimant affidavit sworn to July 10, 2020;

2) Affirmation of Assistant Attorney General, Carlton K. Brownell, III, Esq., dated August 5, 2020; and

3) Reply affidavit of Amy C. Keller, Esq., sworn to August 7, 2020 with annexed Exhibit A.