Avalon Hardy v. Michael Kish, et al.

Summary

The United States District Court for the District of Idaho grants Avalon Hardy’s motion for a protective order and to seal information identifying a potential witness. The Court permits the witness to proceed anonymously as M.G. because the credible risk of harm outweighs the current prejudice to defendants and the public interest in disclosure. The Court directs the parties to submit a proposed protective order within 14 days and reopens discovery to permit defendants to depose M.G. subject to the order.

Holdings

1. A nonparty witness may proceed anonymously at this stage because the reasonably credible threat of harm from disclosure outweighs the limited prejudice to Defendants and the public interest in disclosure.
2. The motion for a protective order and to seal should be granted, with M.G.'s name and identifying information protected under the proposed order.

Questions Presented

1. Whether a nonparty witness should be permitted to proceed anonymously in public filings and proceedings when the threatened harm from disclosure outweighs prejudice to the opposing parties and the public interest in knowing the witness's identity.
2. Whether the witness's identifying information should be protected through redaction, sealing, and limitations on access.

Disposition

other