FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOUTH BAY UNITED PENTECOSTAL No. 20-55533
CHURCH, a California nonprofit
corporation; BISHOP ARTHUR D.C. No.
HODGES III, an individual,
Plaintiffs-Appellants, 3:20-cv-00865-
BAS-AHG
v.
GAVIN NEWSOM, in his official ORDER
capacity as the Governor of
California; XAVIER BECERRA, in his
official capacity as the Attorney
General of California; SONIA
ANGELL, in her official capacity as
California Public Health Officer;
WILMA J. WOOTEN, in her official
capacity as Public Health Officer,
County of San Diego; HELEN
ROBBINS-MEYER, in her official
capacity as Director of Emergency
Services; WILLIAM D. GORE, in his
official capacity as Sheriff of the
County of San Diego,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of California
Cynthia A. Bashant, District Judge, Presiding
2 SOUTH BAY UNITED PENTECOSTAL CHURCH V. NEWSOM
Submitted December 8, 2020 *
Pasadena, California
Filed December 8, 2020
Before: Kim McLane Wardlaw and Richard C. Clifton,
Circuit Judges, and Timothy Hillman, ** District Judge.
Order
COUNSEL
Charles S. LiMandri, Paul M. Jonna, Jeffrey M. Trissell, and
Milan L. Brandon, LiMandri & Jonna LLP, Rancho Santa
Fe, California; Thomas Brejcha and Peter Breen, Thomas
More Society, Chicago, Illinois; Harmett K. Dhillon and
Mark P. Meuser, Dhillon Law Group Inc., San Francisco,
California; for Plaintiffs-Appellants.
Thomas E. Montgomery, County Counsel; Timothy M.
White and Jeffrey P. Michalowski, Senior Deputies; Office
of County Counsel, San Diego, California; for County
Defendants-Appellees.
Xavier Becerra, Attorney General; Thomas S. Patterson,
Senior Assistant Attorney General; Paul Stein, Supervising
Deputy Attorney General; Lisa J. Plank and Todd
Grabarsky, Deputy Attorneys General; Office of the
*
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
**
The Honorable Timothy Hillman, United States District Judge for
the District of Massachusetts, sitting by designation.
SOUTH BAY UNITED PENTECOSTAL CHURCH V. NEWSOM 3
Attorney General, Los Angeles, California; for State
Defendants-Appellees.
Alex J. Luchenitser, Richard B. Katskee, and Alexander
Gouzoules, Americans United for Separation of Church and
State, Washington, D.C., for Amici Curiae Americans
United for Separation of Church and State, Bend the Arc: A
Jewish Partnership for Justice, Central Conference of
American Rabbis, Disciples Justice Action Network,
Interfaith Alliance Foundation, Men of Reform Judaism,
Methodist Federation for Social Action, National Council of
the Churches of Christ in the USA, Reconstructing Judaism,
Reconstructionist Rabbinical Association, Southwest
Conference of the United Church of Christ, Union for
Reform Judaism, and Women of Reform Judaism.
ORDER
In light of the Supreme Court’s orders in Harvest Rock
Church, Inc. v. Newsom, No. 20A94, 592 U.S. ___ (Dec. 3,
2020) and Roman Catholic Diocese of Brooklyn v. Cuomo,
No. 20A87, 592 U.S. ___ (Nov. 25, 2020), we VACATE the
district court’s October 15, 2020 order denying the motion
for injunctive relief filed by South Bay United Pentecostal
Church (South Bay), and REMAND to the district court for
further consideration of this matter.
South Bay’s emergency motion for an injunction
pending appeal (ECF No. 96) is DENIED without prejudice.
This panel will retain jurisdiction over any related future
appeal.
IT IS SO ORDERED.
