Update on Achieve Test Prep Litigation

Update on Achieve Test Prep Litigation

Pursuant to the posted notice, several of the anonymous posters have taken the opportunity to address the Court to correct misinformation and defend their right to speak anonymously. It is beneficial for the Court to hear from those affected by this litigation and allnurses greatly appreciates the time and effort required to engage in this process. While the deadline for responding has passed, allnurses will continue to defend the rights of all posters to engage in protected anonymous speech, regardless of whether a response has been presented to the Court.

For any of the John Does that have not responded, or those who wish to supplement any previous filings, several questions have arisen that may impact the decision as to whether to file anything further with the Court.

First, will additional submissions be accepted past the deadline?

The Court has not rendered an opinion on this and it will be addressed on a case by case basis. allnurses urges any potential John Doe defendants to carefully read and follow the Court's "LEGAL NOTICE TO THE FOLLOWING ALLNURSES SUBSCRIBERS" page in order to remain anonymous.

Second, the notice states that I may attend the hearing. May I attend in person or appear via telephone in an anonymous capacity?

All questions relating to appearing before the Court anonymously or by any means other than in person should be directed to Magistrate Judge Janie Mayeron (not the Clerk of Court) at the contact information posted on the "LEGAL NOTICE TO THE FOLLOWING ALLNURSES SUBSCRIBERS" page. She will determine what options are available to any John Doe defendant and work with the named parties to address any issues that arise.

Third, if I want to raise counterclaims or cross claims against one of the current parties (e.g., ATP, Allnurses, or the Estate of Brian Short) will I be able to maintain my anonymity as allowed under the notice if I raise those counterclaims or cross claims?

The Court has not rendered an opinion on whether anonymity will be available to any party that raises claims against any of the known parties to the litigation. If you believe you have a claim against one of the parties, allnurses urges any potential John Doe defendants to seek competent legal advice about the risks of identification if alternative claims or counterclaims are pursued as a plaintiff. Neither allnurses nor the Court can provide this legal guidance and the provisions in the notice regarding remaining anonymous may not apply to outside or additional claims and counterclaims.

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