Berman et al v. Brown et al

Filing 19

ORDER TO SHOW CAUSE. The court hereby issues an order to show cause why this action should not be transferred to the Eastern District of California pursuant to 28 U.S.C. § 1404(a).1 If Plaintiffs do not, by August 10, 2015, file a response t o this order which demonstrates good cause in writing why this case should not be transferred, the court will enter an order transferring venue pursuant to § 1404(a). The State Defendants may file a reply to Plaintiffs' response, if any, on or before August 14, 2015. No hearing will be held on the order to show cause unless otherwise ordered by the court. Signed by Judge Edward J. Davila on 7/28/2015.(ecg, COURT STAFF) (Filed on 7/28/2015)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 MICHAEL S. BERMAN, et al., Case No. 5:15-cv-03282-EJD Plaintiffs, 9 ORDER TO SHOW CAUSE v. 10 11 EDMUND G. BROWN, et al., United States District Court Northern District of California Defendants. 12 13 In this action against California Governor Edmund G. Brown, Jr. and Corrections 14 Secretary Jeffrey A. Beard (the “State Defendants”), Plaintiffs Michael S. Berman and Darrell B. 15 Stapp (“Plaintiffs”) challenge the state’s implementation of a corrections program known as the 16 Alternative Custody Program (“ACP”). According to Plaintiffs, the ACP permits a form of 17 supervised release which “allows prisoners to reunite with their families in their home 18 communities in lieu of incarceration.” Plaintiffs allege the ACP as presently authorized by 19 California Penal Code § 1170.5 violates the Equal Protection Clause of the Fourteenth 20 Amendment because it categorically excludes male prisoners from participating in the program. 21 They seek two forms of relief: a declaration that the exclusion of male prisoners from the ACP is 22 unconstitutional, and an injunction precluding further enforcement of the exclusion. 23 On July 27, 2015, the State Defendants filed a notice under Civil Local Rule 3-13 due to 24 the pendency of another case asserting a similar challenge to the ACP. See Docket Item No. 18. 25 That action, Sassman v. Brown, Case No. 14-CV-01679-MCE-KJN (PR), was filed in the Eastern 26 District of California on July 16, 2014, and is currently assigned to Chief Judge Morrison C. 27 England. 28 1 Case No.: 5:15-cv-03282-EJD ORDER TO SHOW CAUSE The Sassman action is nearly identical to this case in all material aspects. Indeed, aside 1 2 from those details particular to the initiating parties, the factual allegations contained in the 3 Sassman Complaint track those of Plaintiffs’ Complaint word-for-word. The relief requested is 4 also the same: Sassman, like Plaintiffs, seeks declaratory and injunctive relief enjoining the State 5 Defendants from excluding men from the ACP. Moreover, Sassman sought the same preliminary 6 injunction that Plaintiffs seek in this case. 7 Because the Sassman action is further progressed, the State Defendants request this case be 8 stayed or transferred to the Eastern District. Having considered this issue, the court concurs that a 9 transfer of venue to permit coordination with the Sassman action is appropriate. Accordingly, the court hereby issues an order to show cause why this action should not be 11 United States District Court Northern District of California 10 transferred to the Eastern District of California pursuant to 28 U.S.C. § 1404(a).1 If Plaintiffs do 12 not, by August 10, 2015, file a response to this order which demonstrates good cause in writing 13 why this case should not be transferred, the court will enter an order transferring venue pursuant to 14 § 1404(a). The State Defendants may file a reply to Plaintiffs’ response, if any, on or before August 15 16 14, 2015. No hearing will be held on the order to show cause unless otherwise ordered by the 17 court. 18 IT IS SO ORDERED. 19 20 Dated: July 28, 2015 ______________________________________ EDWARD J. DAVILA United States District Judge 21 22 23 24 25 26 27 28 1 Under § 1404(a), “a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented” for the convenience of parties and witnesses. Such an order may be entered sua sponte “‘so long as the parties have the opportunity to present their views on the issue.’” Am. Realty Investors, Inc. v. Prime Income Mgmt., Inc., No. 2:13-cv-00278-APG-CWH, 2013 U.S. Dist. LEXIS 159075, at *3, 2013 WL 5947221 (D. Nev. Nov. 4, 2013) (quoting Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986)). 2 Case No.: 5:15-cv-03282-EJD ORDER TO SHOW CAUSE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?