Trial Must Proceed Under Plaintiff’s True Name Fraud Defense Insufficient to Allow Plaintiff to Sue Under Pseudonym Post 4944 Read the full article at https://www.linkedin.com/pulse/trial-must-proceed-under-plaintiffs-true-name-barry-zalma-esq-cfe-zc7ic/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. LITIGANTS MUST NOT HIDE THEIR IDENTITY Plaintiff sued State Farm under a pseudonym. The Court subsequently issued an order requiring Plaintiff to proceed using his actual name. Plaintiff appealed that order, and he now seeks to stay the Court’s order while his appeal is pending in James Doe v. State Farm General Insurance Company, No. 23-cv-04734-JSC, United States District Court, N.D. California (November 26, 2024). BACKGROUND Plaintiff alleged State Farm improperly and in bad faith denied coverage for his claim involving a lost wristwatch that retails at approximately $30,300. He filed his complaint under the pseudonym “James Doe,” insisting a pseudonym was necessary “to protect his privacy, his family, his reputation, and his livelihood, because he has been struggling with mental illnesses.” The Court rescinded its order permitting Plaintiff to proceed anonymously. At a ZOOM hearing the Court informed Plaintiff his actual name appeared on the Zoom screen. Although Plaintiff had yet to file a motion to stay the Court’s order requiring him to proceed under his actual name. The Court denied State Farm’s motion as to the breach of contract and wrongful policy cancellation claims. Jury trial is scheduled to commence in May 2025. DISCUSSION Parties may use pseudonyms in the unusual case when nondisclosure of the party’s identity is necessary to protect a person from harassment, injury, ridicule or personal embarrassment. Plaintiff based his claim for anonymity on two grounds: 1. Plaintiff argues anonymity is necessary because he has revealed highly sensitive and personal matters about himself, his mental illnesses and physical injuries in the course of the case. Yet, Plaintiff did not identify where in the record those highly sensitive matters are discussed. Plaintiff has not sought to redact any portions of his filings, assuming anything in them may be concealed from the public. So, Plaintiff is unlikely to prevail on this theory. 2. Plaintiff argues anonymity is necessary because the accusation of insurance fraud will ruin his reputation for honesty before a jury has passed judgment on his credibility and honesty at trial. Plaintiff states the case involves grave social stigmatization to Plaintiff because he has been accused of committing or seeking to commit insurance fraud. The USDC noted that Plaintiff showed no reasonable probability that an insurer’s material misrepresentation defense transforms a breach of contract claim into a matter of sensitive and highly personal nature, Here, Plaintiff is seeking coverage for a lost wristwatch. If an accusation of insurance fraud were sufficiently stigmatizing to warrant anonymity, then plaintiffs could proceed anonymously virtually anytime they challenge an insurer’s denial of coverage on the basis of a material misrepresentation. The Ninth Circuit’s mandate requires that parties only use pseudonyms in the unusual case. IRREPARABLE INJURY Plaintiff failed to demonstrate he will be irreparably injured absent a stay. The injury Plaintiff fears has already occurred to some extent by Plaintiff’s own doing. He appeared at a public hearing using his actual name. Further, in its recent summary judgment order, the Court concluded there was a dispute of fact as to whether Plaintiff intentionally concealed or misrepresented a material fact or circumstance relating to his insurance. At this point in this proceeding, there has been no finding of insurance fraud. HOIST ON HIS OWN PETARD Given that Plaintiff himself proceeded at a public hearing without taking steps to prevent the very disclosure he claims is so injurious, Plaintiff has not met his burden on the irreparable injury factor. As summary judgment was denied on the breach of contract claim, the case is proceeding to trial. The public interest lies in transparent and public court proceedings, especially trials. The Court denied Plaintiff’s motion to stay the order requiring Plaintiff to proceed under his actual name. ZALMA OPINION Pursuing litigation under a pseudonym because the defendant insurer claimed the Plaintiff attempted insurance fraud because his mental health and reputation would be harmed by the claims is insufficient. First, Plaintiff chose to sue State Farm. He could protect his mental health and reputation by not suing. Second, he was willing to attend a Zoom hearing with his true name showing, thereby effectively waiving the claim of anonymity. It could easily be concluded that he has sued under a pseudonym because he was embarrassed he was caught. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk

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Over 300 Jan. 6 riot convictions now in peril after Supreme Court rules on obstruction charge https://www.independent.co.uk/news/world/americas/us-politics/january-6-rioter-obstruction-supreme-court-b2565985.html More than 330 Jan. 6 rioters could have their convictions and sentences tossed thanks to a ruling from the Supreme Court on Friday. In a 6-3 decision, the court ruled that an “obstruction of an official proceeding” charge brought against Joseph Fischer, a former police officer and rioter, was too broadly used and the government will need to prove that a defendant “impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.” Chief Justice John Roberts, who delivered the majority opinion, used the example of eating lunch at the zoo to explain the ruling. “To see why, consider a straightforward example. A zoo might post a sign that reads, ‘do not pet, feed, yell or throw objects at the animals, or otherwise disturb them.’ If a visitor eats lunch in front of a hungry gorilla, or talks to a friend near its enclosure, has he obeyed the regulation? “Surely yes. Although the smell of human food or the sound of voices might well disturb gorillas, the specific examples of impermissible conduct all involve direct interaction with and harassment of the zoo animals. Merely eating or talking is so unlike the examples that the zoo provided that it would be implausible to assume those activities were prohibited, even if literally covered by the language,” he wrote.

Ganondorf Cosplay Costumes The Legend of Zelda Tears of the Kingdom Halloween Suit While cosplay offers a space for creativity and self-expression, it is not without its challenges and controversies. Issues such as cultural appropriation, gender representation, and body image stigma can arise within the cosplay community, sparking debates and discussions about inclusivity and diversity. Moreover, cosplayers may face judgment, harassment, or discrimination both online and offline, highlighting the need for greater awareness and advocacy for a more inclusive and respectful community.

Over the last 20 years, Congress has used at least $17 million of taxpayer money for settlements, including hush money payments to cover up sexual harassment claims. https://apnews.com/united-states-congress-dd6621f60194403e87d60425ab614f0c

Hazbin Hotel Charlie Red Dress Suit Halloween Cosplay Costumes 5. Challenges and Controversies in Cosplay: While cosplay offers a space for creativity and self-expression, it is not without its challenges and controversies. Issues such as cultural appropriation, gender representation, and body image stigma can arise within the cosplay community, sparking debates and discussions about inclusivity and diversity. Moreover, cosplayers may face judgment, harassment, or discrimination both online and offline, highlighting the need for greater awareness and advocacy for a more inclusive and respectful community.https://www.ccosplay.com/hazbin-hotel-charlie-red-dress-suit-halloween-cosplay-costumes

BREAKING NEWS: John Kennedy Reads Aloud Jaw-Dropping Claims Of Misconduct And Harassment At FDIC 498,981 views May 20, 2024 During remarks on the Senate floor, Sen. John Kennedy (R-LA) spoke about alleged reports of gross misconduct and harassment at the Federal Deposit Insurance Corporation under the oversight of FDIC Chair Martin Gruenberg https://youtu.be/zf3D3vq7bGQ?si=1tfpkc-MWeogUop6