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Judge: Doe must use real name for case to continue

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Judge: Doe must use real name for case to continue

By
Michael Swisher

If the lawsuit against Kingfisher Public Schools, two football coaches and two former coaches is going to proceed, the plaintiff cannot do so under a pseudonym.

That was the ruling handed down by United States District Judge Charles B. Goodwin in documents filed last Thursday.

It was one of multiple rulings in the case of John Doe No. 1 against the district and four individuals: head football coach Jeff Myers, assistant coach Derek Patterson and former assistants Blake Eaton and Micah Nall.

Goodwin also denied a petition by the defendants for a gag order in the case and set a hearing on the plaintiff’s motion to compel discovery.

That hearing is 2 p.m. Thursday, May 18, at the William J. Holloway Jr. United States Courthouse in Oklahoma City.

Thursday is also the deadline for Doe to file an amended complaint with the court under his real name.

The lawsuit was filed by a John Doe No. 1 in Kingfisher County District Court in late July 2021. The civil suit alleged a culture of hazing, bullying and various forms of harassment within the KHS football program.

It was later moved to the United States District Court for the Western District of Oklahoma.

In January 2022, prior to the case being moved, District Court Judge Paul Woodward granted a petition by the plaintiff to proceed under the pseudonym.

However, Goodwin’s ruling denied the plaintiff’s request for that to continue.

“Having considered the information presented, as well as the arguments and authorities submitted by counsel, the Court concludes that this case does not present exceptional circumstances warranting anonymity for Plaintiff in these proceedings,” the ruling read, in part.

It later continued: “If Plaintiff chooses to continue the prosecution of this lawsuit, Plaintiff shall file a Second Amended Complaint under the name of the real party in interest in this case in compliance with Federal Rule of Civil Procedure 17(a) within seven days of the date of this Order.” The defendants had requested a gag order in the lawsuit against Cameron Spradling, co-counsel for Doe.

The petition alleged, in part, that publicity from the case as well as public comments made by Spradling, to news outlets and on his personal Twitter account had led to “negative messages and comments from members of the public via telephone, email and social media.”

The request was an order “restricting Mr. Spradling’s ability to engage in extrajudicial commentary regarding this action.”

The request also stated Spradling’s commentary violates the Oklahoma Rules of Professional Conduct for attorneys and has contaminated the jury pool for the case.

Goodwin’s ruling stated the plaintiff’s did not submit evidence that supported the claim that coverage “has been so pervasive and one-sided that is has tainted the entire jury pool for the Western District of Oklahoma.”

It also stated that Spradling’s Twitter account “does not appear to be as wide reaching as Defendants imply” and that media attention has not been “so great that a fair trial cannot be obtained.”

Also filed on Thursday was an amended scheduling order that now sets the trial date for Oct. 10.

It was earlier slated for Sept. 12.

When reached via email for comment, Spradling said his firm was reviewing all of the court’s orders that were issued and that his team was preparing for Thursday’s public hearing.

There the judge will decide the fate of the plaintiff’s motion to compel filed last month.

That motion seeks to extend the relevant time frame of the case back to 2005 and submitted 30 exhibits in support.

Doe is a 2021 KHS graduate and played football from 2017-2020.

The defendants have objected to the request to extend the time frame, stating “the relevant time should be 2017 to present.”