South Bay United Pentecostal, et al v. Gavin Newsom, et al

Docket(#56) Received Order from the Supreme Court dated 02/05/21: The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is granted in part. (SEE ORDER FOR FULL TEXT). [11995171]--[Edited 02/05/2021 by BY] (BY) [Entered: 02/05/2021 09:56 PM]

Docket(#55) Filed order (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN): Appellants motion for an extension of time to file a petition for rehearing en banc is GRANTED. Any petition for rehearing is due no later than March 5, 2021. IT IS SO ORDERED. [11990934] (AF) [Entered: 02/03/2021 09:32 AM]

Docket(#54) Filed (ECF) Appellants Bishop Arthur Hodges, III and South Bay United Pentecostal Church Motion to extend time to file petition for rehearing until 03/08/2021. Date of service: 02/02/2021. [11990075] [20-56358] (LiMandri, Charles) [Entered: 02/02/2021 02:07 PM]

Docket(#53) Filed clerk order: The supplemental brief [ # 49 ] submitted by William D. Gore, et al. is filed. No paper copies are required at this time. [11980242] (KT) [Entered: 01/25/2021 02:11 PM]

Docket(#52) FILED OPINION (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN) We grant Californias motion to take judicial notice of the updated county and state regulations and federal FAA regulations (ECF No. [ # 26 ]) because they are publicly available and neither party disputes their authenticity or accuracy. See Kater v. Church Downs Incorp., 886 F.3d 784, 788 n.3 (9th Cir. 2018) (taking judicial notice of government documents on government website). We also grant the County of San Diegos unopposed motion to file a supplemental brief (ECF No. [ # 48 ]). AFFIRMED. Judge: KMW Authoring. FILED AND ENTERED JUDGMENT. [11978779]--[Edited (attached corrected version) 01/23/2021 by AKM]--[Edited (Web Cites PDF attached, attached reformatted slip op, nits and typos corrected) 01/28/2021 by AKM] (MM) [Entered: 01/22/2021 04:02 PM]

Docket(#51) Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11968992] (BG) [Entered: 01/20/2021 07:39 AM]

Docket(#50) ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN. [11966308] (BG) [Entered: 01/15/2021 03:17 PM]

Docket(#49) Submitted (ECF) Supplemental Brief for review. Submitted by Appellees William D. Gore, Helen Robbins-Meyer and Wilma J. Wooten. Date of service: 01/14/2021. [11963812] [20-56358] (Michalowski, Jeffrey) [Entered: 01/14/2021 11:55 AM]

Docket(#48) Filed (ECF) Appellees William D. Gore, Helen Robbins-Meyer and Wilma J. Wooten Motion to file supplemental brief. Date of service: 01/14/2021. [11963801] [20-56358] (Michalowski, Jeffrey) [Entered: 01/14/2021 11:52 AM]

Docket(#47) Received 6 paper copies of Reply Brief [ # 37 ] filed by Bishop Arthur Hodges, III and South Bay United Pentecostal Church. (sent to panel) [11962091] (SD) [Entered: 01/13/2021 11:13 AM]

Docket(#10) Filed (ECF) Appellees William D. Gore, Helen Robbins-Meyer and Wilma J. Wooten response opposing motion (motoin for injunction pending appeal). Date of service: 12/24/2020 [11944770] [20-56358] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/24/2020 by TYL] (Michalowski, Jeffrey) [Entered: 12/24/2020 09:06 AM]

Docket(#9) Filed (ECF) Appellees Sonia Angell, Xavier Becerra and Gavin Newsom response opposing motion ([ # 5 ] Motion (ECF Filing), [ # 5 ] Motion (ECF Filing)). Date of service: 12/24/2020. [11944746] [20-56358] (Grabarsky, Todd) [Entered: 12/24/2020 08:50 AM]

Docket(#8) Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Todd Grabarsky for Appellees Sonia Angell, Xavier Becerra and Gavin Newsom. Hearing in Pasadena on 01/15/2021 at 1:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 30.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/24/2020. [11944694] [20-56358] (Grabarsky, Todd) [Entered: 12/24/2020 05:04 AM]

Docket(#7) Notice of Oral Argument on Friday, January 15, 2021 - 1:00 P.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, January 15, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11939031]. [20-56358] (AW) [Entered: 12/23/2020 05:38 PM]

Docket(#6) Filed Order for PUBLICATION (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN) Appellees are directed to file an opposition to Appellants Emergency Motion for an Injunction Pending Appeal on Thursday, December 24, 2020, by 9:00 A.M. Appellants optional reply brief is due on Thursday, December 24, 2020, by 12:00 P.M. Given that the issues presented in this appeal strike at the very heart of the First Amendments guarantee of religious liberty, Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, slip op. at 6 (2020) (per curiam), and the gravity of the pandemics impact on Southern California, in particular, we order Appellants appeal from the district courts Order Denying the Motion for a Temporary Restraining Order or Preliminary Injunction expedited. See Fed. R. App. P. 2; Ninth Circuit R. 3-3. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due on or before December 31, 2020; the answering brief is due on or before January 7, 2021; and the optional reply brief is due on or before January 11, 2021. This appeal is set for virtual oral argument at the Richard H. Chambers U.S. Court of Appeals Building, Pasadena, California, on January 15, 2021, at 1:00 P.M. Each side is allotted 30 minutes for argument.--[COURT UPDATE: Attached formatted version of order. 12/30/2020 by SLM] IT IS SO ORDERED. [11938874] (MM) [Entered: 12/23/2020 04:58 PM]

Docket(#5) Filed (ECF) Appellants Bishop Arthur Hodges, III and South Bay United Pentecostal Church EMERGENCY Motion for injunction pending appeal. Date of service: 12/22/2020. [11937264] [20-56358] (LiMandri, Charles) [Entered: 12/22/2020 03:19 PM]

Docket(#4) Added Attorney(s) Jeffrey P. Michalowski for party(s) Appellee William D. Gore Appellee Helen Robbins-Meyer Appellee Wilma J. Wooten. [11936539] (RL) [Entered: 12/22/2020 10:27 AM]

Docket(#3) Filed (ECF) notice of appearance of Jeffrey P. Michalowski (Office of County Counsel, 1600 Pacific Highway, RM 355, San Diego, CA 92101) for Appellees Wilma J. Wooten, William D. Gore and Helen Robbins-Meyer. Date of service: 12/22/2020. (Party was previously proceeding with counsel.) [11936511] [20-56358] (Michalowski, Jeffrey) [Entered: 12/22/2020 10:21 AM]

Docket(#2) Filed clerk order (Deputy Clerk: AC): The appeal filed December 21, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 19, 2021; the answering brief is due February 16, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11936413] (OC) [Entered: 12/22/2020 09:54 AM]

Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11936251] (JBS) [Entered: 12/22/2020 08:50 AM]