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Doe v. N.Y.S. Dep't of Health

Health Regulation's Challenger Cannot Proceed Pseudonymously, Must Litigate Under Own Name

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MEMORANDUM OPINION & ORDER   Plaintiff John Doe alleges he wishes to purchase what he calls “Direct-to-Consumer Lab Tests” and receive the results at home, but that he is prohibited by a New York Department of Health regulation. So Plaintiff brought suit claiming that the regulation is preempted by federal law. This motion presents the threshold question of whether Plaintiff can litigate this case as “John Doe,” or if he must disclose his identity. Because Plaintiff has failed to overcome the presumption that parties must litigate in their own names, Plaintiff may not proceed pseudonymously. I. BACKGROUND On August 24, 2020, Plaintiff filed a three-page complaint in this case as “John Doe.” Compl., Dkt No. 1. Plaintiff seeks to invalidate 10 NYCRR §58-1.8, a New York Department of Health regulation that, he claims, prevents him from obtaining certain laboratory test results directly from the seller without the involvement of a medical professional. Compl.

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