Case 5:08-cv-00079-RS-AK Document 57

Case 5:08-cv-00079-RS-AK Document 57 Filed 11/13/08 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION PlaintiffB, Plaintiff J, Plaintiff S, and Plaintiff V, ) on behalf of themselves and all others similarly ) situated, ) ) Plaintiffs, ) ) v. ) Case No. 5:08cv79-RS-AK ) JOSEPH R. FRANCIS; MRA HOLDINGS, LLC, ) a California limited liability company; MANTRA ) FILMS INC., an Oklahoma corporation, d/b/a ) "Girls Gone Wild;" and AERO FALCONS, LLC, ) a Delaware limited liability company. ) ) Defendants. ) PLAINTIFFS' MOTION TO PROTECT AND MAINTAIN PLAINTIFFS' ANONYMITY Plaintiffs B, J, S and V, and members of the Class and Subclasses, move this Court to protect their identifying information and to maintain their anonymity. In support of their motion, plaintiffs and members of the Class and Subclasses state: I. Plaintiffs and members of the Class and Subclasses ("Class Plaintiff?) were minor girls when Defendants sexually exploited them when Defendants solicited and captured their images engaged in sexually explicit conduct and/or baring their breasts. 2. As set forth in the memorandum of law accompanying this motion, prosecution of their claims requires the Class Plaintiffs to reveal information of the "utmost intimacy" and Class Plaintiffs will suffer further harm if their identities are made public. Class Plaintiffs therefore request this Court to protect their identifying information and allow them to proceed anonymously. DMA14,35100.3 EFTA00749329 Case 5:08-cv-00079-RS-AK Document 57 Filed 11/13/08 Page 2 of 4 3. Class Plaintiffs are not asking this Court to keep their identifying information from the Defendants. Class Plaintiffs are requesting this Court to enter an appropriate protective order. A suggestion for such a protective order is attached as Exhibit A to the Memorandum of Law in support of this motion. 4. In compliance with Local Rule 7.1(b), Plaintiffs' counsel certifies that they conferred with Defense counsel in a good faith effort to resolve by agreement the issues raised in this motion but were unsuccessful. WHEREFORE, Plaintiffs 13,3, S, V and members of the Class and Subclasses request this Court protect their identifying information and maintain their anonymity. Respectfully submitted, (s/ Rachael G. PontikcS Larry Selander Thomas G. Dent Wayne Mack Rachael G. Pontikes Duane Morris LLP 190 South LaSalle Street, Suite 3700 Chic o IL 60603 and 2 DMIN1415700.3 EFTA00749330 Case 5:08-cv-00079-RS-AK Document 57 Filed 11/13/08 Page 3 of 4 D. Ross McCloy, Jr. Robert A. Fleming Harrison, Sale, McCoy, Duncan & Jackson, Chtd. Florida Bar No. 0262943 Post Office Drawcr 1579 Panama Ci FL 32402 ATTORNEYS FOR PLAINTIFFS, CLASS, AND SUBCLASSES 3 M4111435700 EFTA00749331 Case 5:08-cv-00079-RS-AK Document 57 Filed 11/13/08 Page 4 of 4 CERTIFICATE OF SERVICE The undersigned certifies that on November 13, 2008, she caused the foregoing Plaintiffs' Motion to Protect and Maintain Plaintiffs' Anonymity to be electronically filed with the Clerk of the Court, using the Court's CM/ECP system, which will send electronic notification of the filing to the below CM/ECF participant. Parties may access this filing through the Court's system. Ross M. Babbitt, Esq. 700 West St Clair Avenue Hoyt Block, Suite 300 Cleveland, OH 44113 /s/ Rachael O. Pontikes 4 DMIU435700.3 EFTA00749332