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EW v. New York Blood Center

Defendant estopped from seeking dismissal after accepting complaints filed under pseudonyms.

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Judge Korman

EW v. NEW YORK BLOOD CENTER — In this action, plaintiff, who filed her complaint under a pseudonym, seeks damages claiming that she contracted “HBV” (hepatitis B) from a blood transfusion. The blood at issue was allegedly collected by United Blood Services and tested by New York Blood Center (“NYBC” or “defendant”). By this motion under Rules 10(a), 12(b) and 17(a), Fed. R. Civ. P., NYBC seeks to dismiss the complaint, ostensibly because it was filed under a pseudonym without the permission of the court. Plaintiff crossmoved to permit it to proceed under a pseudonym. At oral argument, I granted plaintiff leave to file the complaint under seal, and to file a copy of the complaint with the Clerk of the Court using the pseudonym “EW” in place of Ella Woe. NYBC had objected to the latter pseudonym because “it was inappropriate and inflammatory, and was selected to evoke sympathy.” (Letter dated September 27, 2002, from Caroline Werner Nolan). I also indicated that the motion to dismiss would be denied in a written memorandum and order to follow. See Court doc. # 21.

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