Young et al v. Berkeley et al

Filing 12

ORDER TO SHOW CAUSE: Show Cause Response, no more than 15 pages, due by 6/13/2016. Updated joint Case Management Statement due by 6/21/2016. Further Case Management Conference set for 6/28/2016 01:30 PM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 6/8/2016. (knm, COURT STAFF) (Filed on 6/8/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

CARL YOUNG, et al.,

Case No. 16-cv-00931-VC

Plaintiffs,
ORDER TO SHOW CAUSE

v.
CITY OF BERKELEY, et al.,
Defendants.

This lawsuit was filed on February 24, 2016. Roughly three and a half months later,
there is no indication that the plaintiffs have done anything to prosecute the case. There is no
proof of service on the docket. Accordingly, the plaintiffs are ordered to show cause why the
case should not be dismissed under Rule 41(b) for failure to prosecute, or for failure to serve the
defendants.
In addition, at first glance this lawsuit appears to be barred by Heck v. Humphrey, 512
U.S. 477 (1994), and its California analogue, because it challenges the validity of ongoing
criminal proceedings against the lead plaintiff. Accordingly, the plaintiffs are ordered to show
cause why the case should not be dismissed on this ground as well.
The plaintiffs' response to this order to show cause, not to exceed 15 pages, is due June
13, 2016.
In the event the case is not dismissed, a further case management conference shall take
place June 28, 2016. An updated joint case management statement is due no later than June 21,
2016.
IT IS SO ORDERED.
Dated: June 8, 2016
______________________________________

VINCE CHHABRIA
United States District Judge

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