Posted on May 24 2018
NRA lawsuit against Florida, previously discussed here
NRA ordered to use REAL names
...then the NRA yanks their lawsuit
The Federal Criminal and Civil Rules of Procedure allow for cases filed to use pseudonyms, but the vast majority of cases use a person’s real identity.
See Federal Rule of Civil Procedure 10(a) directs that “[t]he title of the complaint must name all the parties”
...again if the “case” warrants it, the party can move to ask the court Leave to proceed under pseudonyms.
See “strong presumption in favor of parties’ proceeding in their own names.” Plaintiff B v. Francis.
Also see: “Lawsuits are public events.” Doe v. Frank, 951 F.2d 320, 324 (11th Cir.
1992) and That presumption may be overcome only in an “exceptional case.” Frank, 951 F.2d at 323.
The NRA moved to amend their original complaint, one of the changes the NRA made was to add an additional plaintiff, but did so under the guise of a “Jane Doe” and “John Doe” as detailed in the NRA’s April 26th filing, found here
My assumption is the NRA use of pseudonyms felt the need to protect the true identity of both Jane & John Does. Given how politically toxic the landscape is, it makes sense. Conversely the NRA has greatly contributed to the toxicity & vitriol of the public debate surrounding Guns, Kids and Schools. But now want to “shield” their Clients & Members from the same toxicity the NRA has created and in most cases amplified. Thankfully the Federal Judge disagreed with the NRA’s argument and on May 13, 2018 the Judge DENIED the NRA’s request.
The National Rifle Association of America, Inc., (“NRA”) filed this lawsuit on March 9, 2018....At the time, the NRA was the only plaintiff. Id. Since then, the NRA has moved to amend its original complaint and add a second plaintiff—a nineteen-year-old female identified as Jane Doe...Among other changes, the amended complaint also includes allegations about a nineteen-year-old male identified as John Doe.
Court finds that the NRA’s motion to proceed under pseudonyms, is due to be DENIED.
Judge Walker goes on to acknowledge the following:
To be fair, a lot has changed in society since Stegall was decided. Today we have the internet, social media, and the 24-hour news cycle. What this means is that if a person attaches their name to a lawsuit—and especially if that lawsuit is sensational—then everyone will quickly be made aware of it. Articles get posted online, and the responding comments, tweets, and whatever-else-have-yous often devolve into a rhetorical barrage of hate.
Unfortunately, it seems the internet just doesn’t always bring out the best in us.
Open Source Link to Judge Walker’s Order and Opinion, here and predictably the NRA filed a Notice of Appeal (see document number 34, 35 & 36)
May 21, 2018 Marion Hammer, President of NRA’a FL Chapter, incidentally Hammer previously served as the NRA’s president. His statement reads in part:
“NRA is unwilling to sacrifice these young adults to the perverted filth, hatred and threats of violence from gun ban supporters,”
“We must stand up for the First Amendment right to protect the Second Amendment in court without being exposed to hate and violence from gun ban supporters.”
“It’s time somebody stood up for the First Amendment right to go into court to fight to protect our Second Amendment right without being victimized by hatemongers who threaten you and your family,”
Shortly thereafter the parties jointly filed a motion to hold this case in abeyance while the NRA’s Appeal works its way through the system. As such Judge Walker Ordered the NRA’s Case be held in abeyance due to the NRA’s Appeal.
Assuming that this Court is not already divested of jurisdiction, the parties' joint motion requesting that this case be held in abeyance, ECF No. 37, is GRANTED.
All deadlines in this case are stayed pending the resolution of Plaintiff's appeal of this Court's order denying Plaintiff's motion to proceed under pseudonyms
Link to Judge Walker’s May 21, 2018 Order, here
I am NOT anti-gun, I’m a second amendment supporter, I previously worked for the NRA in their grassroots legislative division. I enjoy shooting, especially skeet shooting. That said I am sick of the fear mongering tactics of the NRA & powerful gun lobby. The NRA acts like a Terrorist Organization, I know the NRA hates this (correct) label, but it’s really simple:
If the NRA doesn’t like being labeled as a Terrorist Organization
STOP ACTING LIKE A TERRORIST ORGANIZATION
I am tired of every week there’s yet another school or mass shooting. Most importantly I am tired of our kids being murdered by White Domestic Terrorist who should have never been allowed to own a gun. What part of the Second Amendment does the NRA not understand?
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
And some of you may question (rightfully so) there’s NO WAY Marion Hammer would have ever said those things.
My retort? Go google Marion Hammer. Better yet watch this NRA TV Interview:
liberal media , anti gun haters, the media is foaming at the mouth
While you're here, throw us a bone.
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