Case: South Bay United Pentecostal Church v. Newsom

3:20-cv-00865 | U.S. District Court for the Southern District of California

Filed Date: May 8, 2020

Case Ongoing

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Case Summary

This is a case challenging the constitutionality of California’s stay-at-home orders as applied to places of worship and religious activities. The plaintiffs, South Bay United Pentecostal Church and associated leaders, sued the Governor of California, the County of San Diego, and the City of San Diego under 42 U.S.C. § 1983 seeking to enjoin the defendants from enforcing their stay-at-home policies as applied to in-person religious activities. The plaintiffs argued that the government unconstitutionally discriminated against religious activities by deeming them insufficiently “essential” for the purposes of reopening early. This discrimination, they argued, violated multiple clauses of the First and Fourteenth Amendments, as well as the California Constitution. The plaintiffs filed suit on May 8, 2020 in the United States District Court for the Southern District of California. They were represented by private counsel. The case was initially assigned to Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin.

In response to the COVID-19 pandemic, the state of California implemented a stay-at-home order. In April of 2020, the Governor and related defendants published the state’s plans to reopen in “stages” in its “Resilience Roadmap”. Stage 1 businesses, services, and organizations were those deemed fully “essential” and were allowed to remain open with restrictions throughout the stay-at-home period. These services and operations included hospitals, public safety organizations, take-out restaurants, and more. Stage 2 organizations included spaces deemed “lower risk workplaces” and included retail & manufacturing, offices, restaurants with restricted dine-in functionality, and schools. Stage 2 organizations were to be first to reopen as the statistical curve of infections began to flatten. Stage 3 included in-person religious services, salons, tattoo parlors, gyms, and other recreational spaces. The state’s reasoning for placing organizations within Stage 3 was that they were either low-reward or high-risk.

The plaintiffs contested the placement of in-person religious services in Stage 3, arguing that this placement was tantamount to denying the “essentiality” of religious services. They asserted that unabridged religious exercise was in fact essential due to its Constitutional guarantee. The plaintiffs alleged that the orders (1) violated the Free Exercise, Establishment, freedom of speech, and freedom of assembly clauses of the First Amendment by restricting in-person religious services; (2) violated their Fourteenth Amendment substantive Due Process rights because religious exercise is a fundamental liberty; (3) drew arbitrary distinctions between individuals in violation of the Equal Protection Clause of the Fourteenth Amendment;and (3) were impermissibly vague in violation of the Due Process Clause. They further alleged that defendants violated the free exercise, free speech, and freedom of assembly clauses of the California Constitution.

The plaintiffs sought an order and judgment declaring that the challenged stay-at-home orders, both facially and as-applied to the plaintiffs, violated the First and Fourteenth Amendments of the Constitution and relevant California Constitution sections. They further sought an order and judgment temporarily, preliminarily, and permanently enjoining the defendants from enforcing the stay-at-home orders as applied to religious organizations such as plaintiffs, except as to requiring compliance with social distancing and sanitation protocol. They also sought attorneys’ fees and other relief deemed appropriate and just.

The plaintiffs filed an amended complaint on May 11, 2020, dropping an individual plaintiff and the city defendants. The following day, the case was transferred to Judge Cynthia Bashant and Magistrate Judge Allison H. Goddard. On May 15, 2020, the court denied the plaintiffs’ ex-parte motion for a temporary restraining order and order to show cause. The plaintiffs filed a notice of appeal to the Ninth Circuit four days later and asked the District Court to grant an injunction pending the appeal. Judge Bashant denied the plaintiff’s motion on May 18.

In early July, the plaintiffs moved for an indicative ruling that events since May 15, 2020 raised “substantial issues” for consideration by the court, including: (1) California’s changes to statewide COVID-19 policies, (2) California’s statewide response to the Black Lives Matter protests, (3) the changing burden on the plaintiffs’ rights as California altered its policies, and (4) newSupreme Court precedent applicable to cases like the plaintiffs’. The motion for indicative ruling was granted on July 14, 2020. Following this decision, the Ninth Circuit remanded for the District Court to reconsider whether to grant the plaintiffs’ request for a temporary restraining order in light of the developments and stayed the appeal.

The plaintiffs filed a new amended complaint on July 17, 2020. The amended complaint focused heavily on what they claimed was a “de facto exception” for any gathering deemed a “George Floyd protest.” The plaintiffs also pointed to Second Circuit decisions enjoining the governor of New York state and mayor of New York City from restricting places of worship. Further, the plaintiffs cited a Fox News article suggesting that the statewide protests led to an increase in COVID-19 infections but not deaths.

A number of other important events occurred while this case was at the District Court level, and the plaintiffs incorporated these events into their amended complaint. On May 19, 2020, the Department of Justice sent a letter to the governor of California asserting that the “Resilience Roadmap” policy violated the civil rights of Californians. The following day, a large number of Californian churches announced that they would consciously violate the Roadmap and hold Easter services. President Donald Trump held a press conference a few days later to demonstrate support for religious activities. On May 25, 2020 the governor of California amended the Roadmap—allowing individual counties to apply for 21-day licenses during which worship and protest would be permitted so long as gatherings did not exceed 25% of “building capacity” or “the relevant area’s maximum occupancy” and remained under 100 persons. On June 12, 2020 the governor announced changes to this policy—removing the aforementioned restrictions from outdoor activities but retaining them for indoor activities. On July 6, 2020 the policy was changed to ban indoor singing and chanting activities.

The plaintiffs alleged all of the same violations of the U.S. and California Constitutions in their amended complaint but augmented the injunctions they were seeking. The plaintiffs sought the following in their amended complaint: (1) an injunction preventing enforcement of industry-specific standards that applied to places of worship and not other settings; (2) an injunction preventing California from treating places of worship differently from shops, factories, and other “non-essential” services; and (3) an injunction preventing California from banning chanting and singing when masks were worn. As before, they sought declaratory judgment that California’s Roadmap policies as applied to places of worship violated the First and Fourteenth Amendments of the U.S. Constitution and relevant sections of the California Constitution, as well as attorneys’ fees, and other relief as deemed appropriate and just.

On August 10, 2020, in response to the Ninth Circuit’s order, the plaintiffs filed a renewed motion for a temporary restraining order and order to show cause. Judge Bashant denied the motion on October 15, 2020, primarily on the grounds that indoor activities constituted a greater risk than outdoor activities, and that, accordingly, plaintiffs had not adequately fulfilled their obligation to demonstrate entitlement to a preliminary injunction. Following the denial, the Ninth Circuit deferred further proceedings pending a decision by the Supreme Court in Harvest Rock Church, Inc. v. Newsom.

On December 8, 2020, the Ninth Circuit vacated the District Court’s denial of the plaintiffs’ motion for injunctive relief and remanded the case to the District Court in light of the recent Supreme Court holdings in Harvest Rock Church, 141 S. Ct. 889, and Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63. Two weeks later, the District Court denied the plaintiffs’ renewed motion for preliminary injunction on the grounds that, despite the plaintiffs’ demonstration of irreparable harm created by attendance caps, they had not demonstrated a high likelihood of triumphing on their Free Exercise Clause claim in the litigation. As a result, a temporary restraining order was not appropriate.

The plaintiffs again appealed this denial on December 23, 2020, asserting that they had a high likelihood of prevailing on their Free Exercise Clause claim in light of the recent Supreme Court holdings. The Ninth Circuit expedited the appeal and set oral argument for January 15, 2021. The following day, the Circuit Court denied the plaintiffs’ motion for injunction pending appeal.

On January 22, 2021, the Ninth Circuit affirmed the District Court’s denial of preliminary injunction on the merits. 958 F. 3d 1128. The panel found that California’s ban on indoor singing and chanting was rationally related to controlling the spread of COVID-19, and therefore, the plaintiffs’ Free Exercise Clause claim was unlikely to succeed on the merits. The panel, however, remanded to the District Court with the instruction to enjoin the State from enforcing the attendance caps on religious services under Stages 2 and 3 of the Roadmap. It is worth noting that during this time, COVID-19 cases were very high in the state of California, so the state had shifted back to Stage 1 (wherein worship services would continue to be subject to capacity limitations).

The plaintiffs sought and were granted leave to file a reply brief to this decision on March 16, 2021. The parties engaged in oral argument concerning the motion for preliminary injunction on March 29, 2021. The court again denied the plaintiffs' motion for preliminary injunction.

The plaintiffs then filed a writ of mandamus–petitioning for the Court of Appeals to take their case. Their petition was denied on April 2, 2021 on the grounds that the District Court had not abused its discretion in denying the plaintiffs’ motion for preliminary injunction.

The parties then settled on May 27, 2021, on account of the Supreme Court’s decision in Tandon v. Newsom, 141 S. Ct. 1294, which led to California allowing places of worship to adhere to capacity restrictions on a voluntary basis. California consented to a judgment for the plaintiffs, including a permanent injunction and an award of $1,600,000 in attorneys’ fees. The court retained jurisdiction to enforce the terms of the settlement agreement.

	Document
3:20-cv-00865 20-55533 3:20-cv-00683	Docket [PACER]	Aug. 14, 2020	Aug. 14, 2020 Docket
1 3:20-cv-00865	Complaint for Declaratory and Injunctive Relief	May 8, 2020	May 8, 2020 Complaint
12, 12-1, 12-2, 12-3 3:20-cv-00865	Notice of Application and Application for a Temporary Restraining Order, and Order to Show Cause re: Preliminary Injunction (Part 1/2)	May 11, 2020	May 11, 2020 Pleading / Motion / Brief
15, 15-1, 15-2 3:20-cv-00865	Ex Parte Application to Modify the Briefing Schedule on Plaintiffs’ Application for a Temporary Restraining Order	May 11, 2020	May 11, 2020 Pleading / Motion / Brief
11, (incl. 11-1 to 11-7) 3:20-cv-00865	First Amended Complaint for Declaratory and Injunctive Relief	May 11, 2020	May 11, 2020 Complaint
12-4, 12-5 3:20-cv-00865	Notice of Application and Application for a Temporary Restraining Order, and Order to Show Cause re: Preliminary Injunction (Part 2/2)	May 11, 2020	May 11, 2020 Pleading / Motion / Brief
22, 22-1, 22-2 3:20-cv-00865	Opposition to Plaintiffs' Ex Parte Application for a Temporary Restraining Order [ECF 12] by Defendants	May 14, 2020	May 14, 2020 Pleading / Motion / Brief
23, 23-1, 23-2 3:20-cv-00865	State Defendants' Opposition to Plaintiffs' Application for Temporary Restraining Order	May 14, 2020	May 14, 2020 Pleading / Motion / Brief
31 3:20-cv-00865	State Defendants' Opposition to Plaintiffs' Objection	May 15, 2020	May 15, 2020 Pleading / Motion / Brief
39 3:20-cv-00865	Order Denying Plaintiffs' Ex Parte Motion for an Injunction Pending Appeal	May 18, 2020	May 18, 2020 Order/Opinion 2020 WL 2529620

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT With Jury Demand Against Gavin Newsom, Xavier Becerra, Sonia Angell, Wilma J. Wooten, Helen Robbins-Meyer, William D. Gore, Kevin Faulconer, David Nisleit, (Filing fee $ 400 receipt number ACASDC-13846481.), filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III, Rabbi Mendel Polichenco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)The new case number is 3:20-cv-865-AJB-MDD. Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin are assigned to the case. (LiMandri, Charles)(jxv)(jrd) (Entered: 05/08/2020) 1 Civil Cover Sheet View on PACER 2 Exhibit View on PACER	May 8, 2020	May 8, 2020 RECAP
2	Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jxv)(jrd) (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
3	Document Stricken per Order 8 Ex Parte MOTION for Temporary Restraining Order and Order to Show Case re Preliminary Injunction by Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Decl. Art Hodges, # 3 Decl. Mendel Polichenco, # 4 Decl. George Delgado, # 5 Decl. Jeffrey Trissell & Exh. 1-1 to 3-1, # 6 Decl. Jeffrey Trissell & Exh. 3-2 to 3-3, # 7 proposed Order)(LiMandri, Charles) Modified to strike on 5/11/2020 (jrm). (Main Document 3 replaced on 5/11/2020) (jrm). (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
4	REQUEST FOR JUDICIAL NOTICE by Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church re 3 Ex Parte MOTION for Temporary Restraining Order and Order to Show Case re Preliminary Injunction Pursuant to Federal Rules of Evidence 201 (Attachments: # 1 Declaration of Jeffrey M Trissell, # 2 Proposed Order)(LiMandri, Charles)Attorney Charles S. LiMandri added to party Bishop Arthur Hodges III(pty:pla), Attorney Charles S. LiMandri added to party Rabbi Mendel Polichenco(pty:pla), Attorney Charles S. LiMandri added to party South Bay United Pentecostal Church(pty:pla) (jrm). (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
5	NOTICE OF RELATED CASE(S) by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten of case(s) 20cv00683 . (Attachments: # 1 Proof of Service)(White, Timothy) (jrm). (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
6	OBJECTION by Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church re 5 Notice of Related Case of the County Defendants'. (LiMandri, Charles) (jrm). (Entered: 05/08/2020)	May 8, 2020	May 8, 2020 PACER
7	REQUEST FOR JUDICIAL NOTICE by Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church re 3 Ex Parte MOTION for Temporary Restraining Order and Order to Show Case re Preliminary Injunction of New Authority (LiMandri, Charles) (jrm). (Entered: 05/09/2020)	May 9, 2020	May 9, 2020 PACER
8	Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re 3 Ex Parte MOTION for Temporary Restraining Order and Order to Show Case re Preliminary Injunction, from Plaintiffs Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church. Non-compliance with local rule(s), Pursuant to chambers rules section III: All ex parte motions will be accompanied by a declaration from counsel documenting : (1) efforts to contact opposing counsel; (2) counsels meet and confer efforts; and (3) opposing counsels position regarding the ex parte motion.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers Judge Anthony J. Battaglia.(jrm) (Additional attachment(s) added on 5/11/2020: # 1 Stricken Document 1, # 2 Stricken Document 1-1) (jrm). (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 RECAP
9	NOTICE OF RELATED CASE(S) by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten of case(s) 20cv873 20cv683. (Attachments: # 1 Proof of Service)(Bunton, Thomas) (jrm). (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
10	NOTICE of Voluntary Dismissal by Bishop Arthur Hodges III, Rabbi Mendel Polichenco, South Bay United Pentecostal Church of Certain Defendants Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) (LiMandri, Charles) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
11	AMENDED COMPLAINT with Jury Demand against Sonia Angell, Xavier Becerra, William D. Gore, Gavin Newsom, Helen Robbins-Meyer, Wilma J. Wooten, filed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Amended Civil Cover Sheet, # 2 Amended Summons - Newsom, # 3 Amended Summons - Becerra, # 4 Amended Summons - Angell, # 5 Amended Summons - Wooten, # 6 Amended Summons - Robbins-Meyer, # 7 Amended Summons - gore)New Summons Requested. (LiMandri, Charles) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 RECAP
12	Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Bishop Art Hodges, # 3 Declaration Dr. George Delgado, # 4 Declaration Jeffrey M Trissell, # 5 [Proposed] Order)(LiMandri, Charles) (Entered: 05/11/2020) 1 Memo of Points and Authorities View on PACER 2 Declaration Bishop Art Hodges View on PACER 3 Declaration Dr. George Delgado View on RECAP 4 Declaration Jeffrey M Trissell View on PACER 5 [Proposed] Order View on PACER	May 11, 2020	May 11, 2020 PACER
13	REQUEST FOR JUDICIAL NOTICE by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction Pursuant to Federal Rules of Evidence 201 (Attachments: # 1 Declaration of Jeffrey M Trissell, # 2 [Proposed] Order)(LiMandri, Charles) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
14	OBJECTION by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 9 Notice of Related Case to the County Defendants Second Notice of Related Cases. (LiMandri, Charles) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
15	Ex Parte MOTION re 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction to Modify the Briefing Schedule on Plaintiffs Application for a Temporary Restraining Order by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Declaration of Jeffrey M Trissell, # 2 [Proposed] Order)(LiMandri, Charles) (Entered: 05/11/2020)	May 11, 2020	May 11, 2020 PACER
16	AMENDED DOCUMENT by Bishop Arthur Hodges III, South Bay United Pentecostal Church. Amendment to 15 Ex Parte MOTION re 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction to Modify the Briefing Schedule on Plaintiffs Application for a Temporary Restraining Order - Notice of Filing Amended Exhibit 3 in Support of Ex Parte Application to Modify the Briefing Schedule on Plaintiffs. (LiMandri, Charles) (jmo). (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
17	Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
18	ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Cynthia Bashant and Magistrate Judge Allison H. Goddard for all further proceedings. Judge Anthony J. Battaglia, Magistrate Judge Mitchell D. Dembin no longer assigned to case. Create association to 3:20-cv-00683-BAS-AHG. The new case number is 3:20-cv-00865-BAS-AHG. Signed by Judge Anthony J. Battaglia on 5/12/2020. Signed by Judge Cynthia Bashant on 5/11/2020.(jrm) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
19	ORDER Setting Telephonic Oral Argument (ECF No. 12 ). The Court sets atelephonic oral argument for the motion on 5/15/20 at 10:30 a.m. Accordingly, the Court TERMINATES AS MOOT Plaintiffs' ex parte application for a modified briefing schedule. (ECF No. 15 ) Signed by Judge Cynthia Bashant on 5/12/20.(jmo) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
20	NOTICE Supplement to Notice of Related Cases by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten re 9 Notice of Related Case (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Bunton, Thomas) (jmo). (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
21	Ex Parte MOTION for Leave to File Application for Leave To File Request for Judicial Notice Pursuant to Federal Rule of Evidence 201 by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Declaration Charles LiMandri)(LiMandri, Charles) (jmo). (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
22	RESPONSE in Opposition re 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction filed by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten. (Attachments: # 1 Request for Judicial Notice, # 2 Proof of Service)(White, Timothy) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
23	RESPONSE in Opposition re: ECF 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction, filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Declaration of Plank, # 2 Declaration of Watt)(Plank, Lisa) Modified on 5/14/2020 to correct link and regenerate NEF (jmo). (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
24	NOTICE of Appearance by Mark Philip Meuser on behalf of Bishop Arthur Hodges III, South Bay United Pentecostal Church (Meuser, Mark)Attorney Mark Philip Meuser added to party Bishop Arthur Hodges III(pty:pla), Attorney Mark Philip Meuser added to party South Bay United Pentecostal Church(pty:pla) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
25	NOTICE of Appearance by Paul Michael Jonna on behalf of Bishop Arthur Hodges III, South Bay United Pentecostal Church (Jonna, Paul)Attorney Paul Michael Jonna added to party Bishop Arthur Hodges III(pty:pla), Attorney Paul Michael Jonna added to party South Bay United Pentecostal Church(pty:pla) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
26	OBJECTION by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 23 Response in Opposition to Motion, 22 Response in Opposition to Motion, to Untimely Opposition to Plaintiffs Ex Parte Application for a Temporary Restraining. (LiMandri, Charles) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
27	NOTICE of Appearance by Todd Grabarsky on behalf of Sonia Angell, Xavier Becerra, Gavin Newsom (Attachments: # 1 Proof of Service)(Grabarsky, Todd)Attorney Todd Grabarsky added to party Sonia Angell(pty:dft), Attorney Todd Grabarsky added to party Xavier Becerra(pty:dft), Attorney Todd Grabarsky added to party Gavin Newsom(pty:dft) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
28	NOTICE of Appearance by Milan Louis Brandon, II on behalf of Bishop Arthur Hodges III, South Bay United Pentecostal Church (Brandon, Milan)Attorney Milan Louis Brandon, II added to party Bishop Arthur Hodges III(pty:pla), Attorney Milan Louis Brandon, II added to party South Bay United Pentecostal Church(pty:pla) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
29	Ex Parte MOTION for Leave to File Supplemental Authority in Support of Plaintiffs Application for a Temporary Restraining Order by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Declaration of Jeffrey M Trissell, # 2 [Proposed] Order)(LiMandri, Charles) (jmo). (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
30	DECLARATION re 26 Objection, Declaration of Timothy M. White in Response to Plaintiffs' Objection to Purportedly "Untimely" Opposition to Plaintiffs' TRO Application [ECF 26] by Defendants William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten. (Attachments: # 1 Proof of Service)(White, Timothy) (jmo). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
	Order on Motion for Leave to File Document	May 15, 2020	May 15, 2020 PACER
	Motion Hearing	May 15, 2020	May 15, 2020 PACER
	Order on Motion for TRO	May 15, 2020	May 15, 2020 PACER
31	RESPONSE re 26 Objection, State Defendants Opposition to Plaintiffs' Objection (ECF No. 26) filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Plank, Lisa) (jmo). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
32	Minute Order for proceedings held before Judge Cynthia Bashant: Motion Hearing (telephonic) held on 5/15/2020. For the reasons stated in the hearing, the Court grants 29 Ex Parte MOTION for Leave to File Supplemental Authority in Support of Plaintiffs Application for a Temporary Restraining Order filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III; denies 12 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III; and denies 21 Ex Parte MOTION for Leave to File Application for Leave To File Request for Judicial Notice Pursuant to Federal Rule of Evidence 201 filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Paul Jonna, Charles LiMandri, Jeffrey Trissell, and Mark Meuser).(Defendant Attorney Todd Grabarsky, Lisa Plank, and Timothy White). (no document attached) (sxm) Modified on 5/15/2020 to correct attorney name(sxm). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
33	NOTICE of Appearance by Lisa J. Plank on behalf of Sonia Angell, Xavier Becerra, Gavin Newsom (Attachments: # 1 Proof of Service)(Plank, Lisa)Attorney Lisa J. Plank added to party Sonia Angell(pty:dft), Attorney Lisa J. Plank added to party Xavier Becerra(pty:dft), Attorney Lisa J. Plank added to party Gavin Newsom(pty:dft) (jmo). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
34	WAIVER OF SERVICE Returned Executed by Bishop Arthur Hodges III, South Bay United Pentecostal Church, as to Sonia Angell, Xavier Becerra, William D. Gore, Gavin Newsom, Helen Robbins-Meyer, Wilma J. Wooten. (Attachments: # 1 Waiver of Service - Xavier Becerra, # 2 Waiver of Service - Sonia Angell, # 3 Waiver of Service - Wilma J. Wooten, # 4 Waiver of Service - Helen Robins-Meyer, # 5 Waiver of Service - William D. Gore, Sheriff)(LiMandri, Charles) (jmo). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
35	NOTICE OF APPEAL to the 9th Circuit as to 32 Order denying Motion for a Temporary Restraining Order and denying Motion for an OSC re Preliminary Injunction by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Filing fee $ 505 receipt number ACASDC-13878564.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: # 1 Representation Statement)(LiMandri, Charles). (Modified on 5/15/2020: Edited docket text re linked Order.) (akr). (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
36	Ex Parte MOTION for Order Granting Injunction Pending Appeal by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Declaration Jeffrey M Trissell)(LiMandri, Charles) (jmo). (Entered: 05/15/2020) 1 Declaration Jeffrey M Trissell View on RECAP	May 15, 2020	May 15, 2020 RECAP
37	USCA Case Number 20-55533 for 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. (akr) (Entered: 05/16/2020)	May 16, 2020	May 16, 2020 PACER

Case: South Bay United Pentecostal Church v. Newsom

3:20-cv-00865 | U.S. District Court for the Southern District of California

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