Johan Santana seeks suit dismissal

Updated: November 3, 2010, 12:59 PM ET
By Adam Rubin |

Johan Santana's attorney will argue on Monday afternoon for the dismissal of the civil lawsuit against the New York Mets left-hander on the grounds the plaintiff cannot remain anonymous.

Even if Judge Michael T. McHugh ultimately grants that motion in Lee County, Fla., the plaintiff -- currently referred to as Jane Doe in court filings -- would be permitted to file an amended complaint that reveals her identity.

The validity of plaintiffs remaining anonymous in civil proceedings has been argued across the nation, with courts weighing whether the private interests of being anonymous outweigh the public's interest in open court proceedings.

The lawsuit, filed on Aug. 10 in Fort Myers, Fla., alleges Santana sexually assaulted a woman acquaintance on a golf course in October 2009. Authorities subsequently declined to file criminal charges.

Santana is not required to be at the hearing because it solely consists of legal arguments.

"I have filed a response with the court which indicates that Florida law allows my client to maintain her confidentiality in the public record," said Michael Dolce, the attorney for the plaintiff. "I think that's what the law is. Obviously it's up to the judge to decide how the law is, and I certainly respect the judge's role, of course. But that's what we believe the law is, and that's what my client believes the law is, and that's where we're coming from."

Michael J. Corso, who represents Santana, said he was not authorized to make any statements regarding the case.

Adam Rubin covers the Mets for

Adam Rubin has covered the Mets since 2003. He's a graduate of Mepham High School on Long Island and the Wharton School of the University of Pennsylvania. He joined ESPNNewYork after spending 10 years at the New York Daily News.
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