JANE DOES 1 - 3 v. The Coliseum, Incorporated et al, No. 2:2013cv14492 - Document 4 (E.D. Mich. 2013)

Court Description: OPINION and ORDER granting Plaintiffs' Ex-Parte 3 Motion to File Consent Forms Under Seal. Signed by District Judge Gerald E. Rosen. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JANE DOES 1-3, individually and on behalf of all others similarly situated, Plaintiffs, No. 2:13-cv-14492 Hon. Gerald E. Rosen vs. THE COLISEUM, Inc., et al., Defendants. ___________________________________/ OPINION AND ORDER GRANTING PLAINTIFFS EX PARTE MOTION TO FILE CONSENT FORMS UNDER SEAL In this putative class and collective action, Plaintiffs are current and former exotic dancers at adult nightclubs alleging minimum wage violations under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, and under Michigan s Minimum Wage Law, M.C.L. § 408.382. Currently before the Court is Plaintiffs request to file their FLSA opt-in consent forms pursuant to 29 U.S.C. § 216(b) under seal. Plaintiffs wish to file these consent forms in order to toll the FLSA s statute of limitations. (Plfs Mtn., Dkt. # 3, at 3-4). First, a note about the status of Plaintiffs Complaint. It is a general rule that a complaint must state the names of the parties. Plaintiffs are permitted to proceed under pseudonyms only under certain circumstances that justify an 1 exception to this rule. Citizens for a Strong Ohio v. Marsh, 123 F. App x 630, 636 (6th Cir. 2005) (citing Fed. R. Civ. P. 10(a) and Doe v. Porter, 370 F.3d 558, 560 (6th Cir. 2004)). A Court may excuse parties from identifying themselves if their privacy interests substantially outweigh the presumption of open judicial proceedings. Doe, 370 F.3d at 560. Plaintiffs filed their Complaint under a fictitious name and seek to proceed pseudonymously,1 (Plfs Compl., Dkt. # 1, at ¶¶ 10-12), but did not move for leave to proceed in this manner. Moreover, Defendants have neither appeared, nor answered (or otherwise responded to) Plaintiffs Complaint. These concerns aside, because opting-in tolls the FLSA s statute of limitations, 29 U.S.C. § 256, the Court hereby GRANTS Plaintiffs Motion without prejudice. Once Defendants appear and answer (or otherwise respond to) Plaintiffs Complaint, Plaintiffs are directed to file an appropriate motion with the Court concerning Plaintiffs request to proceed pseudonymously. If the Court subsequently determines that Plaintiffs privacy interests do not substantially outweigh the presumption of open judicial proceedings, the Court will unseal the consent forms. For all of the foregoing reasons, 1 Plaintiffs use the term anonymously, but note that they will disclose Plaintiffs identities privately in order to allow [Defendants] to assess and defend [against Plaintiffs ] claims. (Plfs Compl., Dkt. # 1, at ¶ 12). The Court, therefore, assumes that Plaintiffs mean pseudonymously, not anonymously. 2 IT IS HEREBY ORDERED that Plaintiffs Ex Parte Motion to File Consent Forms Under Seal [Dkt. # 3] is GRANTED without prejudice. IT IS SO ORDERED. Dated: November 5, 2013 s/Gerald E. Rosen GERALD E. ROSEN CHIEF, U.S. DISTRICT COURT I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, November 5, 2013, by electronic and/or ordinary mail. s/Julie Owens Case Manager, 313-234-5135 3

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