Collateral Order Doctrine

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7^th Circuit Court of Appeals

Case Name: John Doe v. Village of Deerfield, et al.

Case No.: 15-2069

Officials: BAUER, MANION, and KANNE, Circuit Judges.

Focus: Collateral Order Doctrine

An order denying leave to proceed anonymously is immediately appealable and falls within the collateral order doctrine.

“We join our sister circuits and determine that, as a class, denials of motions for leave to proceed anonymously are immediately appealable because they meet the three elements of the collateral order doctrine. First, they are conclusive on the issue presented; such orders conclusively preclude a party’s ability to proceed anonymously. Mowhawk, 558 U.S. at 106 (citation and quotation omitted); Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 276 (1988); Does I thru XXIII, 214 F.3d at 1066. Second, the question of anonymity is separate from the merits of the underlying action. Mowhawk, 558 U.S. at 106 (citation and quotation omitted); Does I thru XXIII, 214 F.3d at 1066. Whether a party officially utilizes a fictitious name has no bearing on the litigation process and the resolution of the underlying merits; district courts have various means, including protective orders and placing documents under seal, of preventing a party’s name from reaching the public domain. Third, we are persuaded by the reasoning of the Ninth Circuit that a district court’s decision would be “effectively unreviewable” on appeal from a final decision in the case. If parties were required to litigate the case through to a final judgment on the merits utilizing their true names, the question of whether anonymity is proper would be rendered moot. Does I thru XXIII, 214 F.3d at 1066 (“Appellate review of the district court order [denying anonymity] after the district court renders a final decision on the [merits of the underlying claim] will have no legal or practical value.”). We agree and hold that orders denying motions for leave to proceed anonymously fall under the collateral order doctrine and are immediately appealable.)

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.