Educational Financial Counselors, et al. v. City of Capitola / Capitola Police Department, et al.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 EDUCATIONAL FINANCIAL Case No. 25-cv-09421-VKD COUNSELORS, et al., 9 Plaintiffs, ORDER TO SHOW CAUSE RE 10 FAILURE TO PROSECUTE v. 11

CITY OF CAPITOLA / CAPITOLA

12 POLICE DEPARTMENT, et al., Defendants. 13 14 15 On October 31, 2025, plaintiff Kevin Smith and a trust, the Educational Financial 16 Counselors (“EFC”),1 filed a complaint against the City of Capitola, the Capitola Police 17 Department (“CPD”), several officers and records technicians of the CPD, KJRB Inc., a towing 18 company, and two of KJRB Inc.’s owners. Dkt. No. 1. 19 On November 5, 2025, the Court issued an order denying without prejudice Mr. Smith’s 20 application to proceed in forma pauperis (“IFP”). Dkt. No. 5. The Court denied Mr. Smith’s IFP 21 application on two grounds: (1) “the application omit[ed] information necessary for the Court to 22 make an accurate assessment of Mr. Smith’s assets (including those that may be held by a trust he 23 controls)…