Doe had tried to reverse the situation, suggesting she could replace the affidavit with one lacking her real name, but Judge Kobick was not persuaded. Reconsideration requires new evidence or legal errors, and Doe’s request didn’t meet that standard, the judge explained. Motions, she emphasized, cannot be used to “undo procedural failures.”
Plaintiff’s Identity Already Public
Judge Kobick pointed out that Doe’s efforts to conceal her identity came too late. “Her motion seeks to undo her choice to disclose her identity in this case,” the judge wrote, noting that the issue had been flagged months ago during a hearing on Morgan Stanley’s motion to compel arbitration. With her real name already in the court record, the plaintiff’s attempt to go back was futile.
Discrimination Allegations Against Morgan Stanley
The lawsuit, which has captured attention due to its implications for both criminal history protections and employment discrimination, was filed by Doe, a Black woman from Boston’s Dorchester neighborhood. She alleges that Morgan Stanley used her criminal history—specifically arrests that did not lead to convictions—to deny her a job, in violation of Massachusetts law.
