Lawyer’s Motion to Remain Anonymous Granted

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The DC District Court has temporarily granted an attorney’s motion to keep his identity secret (see earlier story) in connection with a form FDA-483 that was scheduled to be published. The suit, which lists J. Doe as the attorney, says the agency intended to publish the FDA-483 “despite plaintiff’s detailed explanation to FDA as to why plaintiff’s identity should be redacted, given that the release of plaintiff’s identity is unnecessary, contrary to law, inconsistent with agency precedent, and harmful to plaintiff.” The court noted in granting the motion that its decision is “subject to any further consideration by the United States district judge to whom this case is randomly assigned.”

The unprecedented court opinion found that at this early stage, the plaintiff has met his burden to show that his “privacy interests outweigh the public’s presumptive and substantial interest in learning his identity.” It also gave the plaintiff some leeway because FDA had not filed an opposition to his motion, saying that “at this early stage, the strength of the professional and reputational harm plaintiff asserts rises and falls with the merits of his lawsuit.”

Additionally, the court’s opinion says that it “assumes at this juncture that the investigative report contains allegations of wrongdoing that could lead to plaintiff’s disbarment or some other grave employment-related consequence. For now, then, this factor lends at least some support to granting the motion.”

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