The anonymous “John Doe” who hired a private investigator to track Reno Mayor Hillary Schieve and former Washoe County Commissioner Vaughn Hartung with a GPS tracking device may have to disclose his identity by July 9, 2024. A special master retained to make recommendations in legal matters in the case on Tuesday determined Doe does not have a legal right to maintain anonymity.
“John Doe has not shown that disclosure of his identity will reveal highly personal and sensitive information about him, or that disclosure will subject him to a significant risk of retaliatory physical or mental harm,” Discovery Commissioner Wesley Ayres wrote in a court filing.
“His claims of harassment are unpersuasive, as are his arguments that disclosure of his identity will violate his First Amendment rights. John Doe has not shown that his right to engage in anonymous political activity immunizes him from liability for alleged tortious conduct in this case.”
Ayres ordered the private investigator David McNeely to produce documents Schieve and Hartung subpoenaed at the start of the lawsuit filed in early 2023. The litigation, in part, sought to identify private investigator David McNeely’s client.
The discovery commissioner in March of 2023 found that the client’s identity is discoverable. But McNeely has been fighting against disclosing his client ever since. The Nevada Supreme Court in April found McNeely’s client “does not fall within the definition of a trade secret.”
Doe, after the ruling, continued to fight against disclosing his identity, alleging he would be subjected to harassment and that revealing his identity would violate his First Amendment right to free speech. After the Supreme Court ruling, John Doe filed new motions trying to keep his identity secret.
“John Doe’s argument is not compelling,” Ayers wrote. “Without knowing John Doe’s identity, Plaintiffs’ ability to obtain discovery concerning these affirmative defenses is substantially impaired. They cannot fully explore the nature and extent of the relationship between John Doe and the referenced third parties, nor can they fully explore the extent of his knowledge of the alleged unlawful acts.”
There is no Nevada law that allows a party to remain anonymous in civil actions, he added.
Schieve told This Is Reno she was grateful for the commissioner’s order.
“The only comment I have at this time is that I am grateful for the ruling, as it’s been a very long and emotional process,” she said.
