concurring in part, dissenting in part:
I write separately only to indicate that I do not believe remand for reconsideration by the district court is necessary given the majority’s estimable elucidation of the factors to be considered in an exercise of discretion in this matter. Rather, I believe the risk of substantial harm to these innocent third parties who are minor children so significantly outweighs the minimal risk of prejudice to the defendant — assessed in light of the majority’s correct view of the ameliorative effect of plaintiffs’ proffers to tailor the damages and to agree to a limiting instruction — that as a matter of law the plaintiffs should be allowed to proceed to trial under the James pseudonyms. Indeed, I can conceive of no situation under which the district court’s weighing of these factors on remand, even given the trial court’s vantage point in this type of discretionary decision, could lead to a contrary result. Accordingly, I concur in all aspects of the majority’s persuasive opinion except Part IV, because I would remand with instructions to allow the requested anonymity-