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

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a suit brought by a church against the State of California’s enforcement of stay-at-home orders and prohibition of in-person religious policies. The plaintiffs alleged that California’s four-stage “Reopening Plan,” had relaxed the stay-at-home order for certain retail organizations as part of Stage 2 of the reopening, however, churches were to be opened months later. On May 15, the court denied the TRO and the plaintiffs appealed. The Ninth Circuit denied the injunctio…

COVID-19 Summary: This is a suit brought by a church against the State of California’s enforcement of stay-at-home orders and prohibition of in-person religious policies. The plaintiffs alleged that California’s four-stage “Reopening Plan,” had relaxed the stay-at-home order for certain retail organizations as part of Stage 2 of the reopening, however, churches were to be opened months later. On May 15, the court denied the TRO and the plaintiffs appealed. The Ninth Circuit denied the injunction pending appeal on May 22, and the Supreme Court denied the application for injunctive relief on May 29.


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.

Summary Authors

Averyn Lee (9/22/2020)

Brendan Sullivan (4/15/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17141421/parties/south-bay-united-pentecostal-church-v-newsom/


Judge(s)

Bashant, Cynthia Ann (California)

Collins, Daniel Paul (California)

Goddard, Allison H. (California)

Kavanaugh, Brett M. (District of Columbia)

Nguyen, Jacqueline Hong-Ngoc (California)

Roberts, John Glover Jr. (District of Columbia)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Brandon, Milan Louis II (California)

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Judge(s)

Bashant, Cynthia Ann (California)

Collins, Daniel Paul (California)

Goddard, Allison H. (California)

Kavanaugh, Brett M. (District of Columbia)

Nguyen, Jacqueline Hong-Ngoc (California)

Roberts, John Glover Jr. (District of Columbia)

Silverman, Barry G. (Arizona)

Attorneys(s) for Plaintiff

Brandon, Milan Louis II (California)

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Dhillon, Harmeet K. (California)

Jonna, Paul Michael (California)

LiMandri, Charles Salvatore (California)

Meuser, Mark Philip (California)

Michael, Gregory Richard (California)

Trissell, Jeffrey M (California)

Attorneys(s) for Defendant

Becerra, Xavier (California)

Grabarsky, Todd (California)

Harbourt, Samuel T (California)

Klein, Joshua A (California)

Michalowski, Jeffrey P (California)

Mongan, Michael J. (California)

Montgomery, Thomas Edward (California)

Newsom, Gavin (California)

Patterson, Thomas S. (California)

Plank, Lisa J (California)

Stein, Paul (California)

White, Timothy M (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

May 8, 2020 Complaint
15, 15-1, 15-2

Ex Parte Application to Modify the Briefing Schedule on Plaintiffs’ Application for a Temporary Restraining Order

May 11, 2020 Pleading / Motion / Brief
11, (incl. 11-1 to 11-7)

First Amended Complaint for Declaratory and Injunctive Relief

May 11, 2020 Complaint
12, 12-1, 12-2, 12-3

Notice of Application and Application for a Temporary Restraining Order, and Order to Show Cause re: Preliminary Injunction (Part 1/2)

May 11, 2020 Pleading / Motion / Brief
8

Notice and Order of Document Discrepancies

May 11, 2020 Order/Opinion
12-4, 12-5

Notice of Application and Application for a Temporary Restraining Order, and Order to Show Cause re: Preliminary Injunction (Part 2/2)

May 11, 2020 Pleading / Motion / Brief
22, 22-1, 22-2

Opposition to Plaintiffs' Ex Parte Application for a Temporary Restraining Order [ECF 12] by Defendants

May 14, 2020 Pleading / Motion / Brief
23, 23-1, 23-2

State Defendants' Opposition to Plaintiffs' Application for Temporary Restraining Order

May 14, 2020 Pleading / Motion / Brief
31

State Defendants' Opposition to Plaintiffs' Objection

May 15, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17141421/south-bay-united-pentecostal-church-v-newsom/

Last updated May 12, 2022, 8 p.m.

ECF Number Description 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

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2 Exhibit

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May 8, 2020 Clearinghouse
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 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 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 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 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 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 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 Clearinghouse
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 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 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 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

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2 Declaration Bishop Art Hodges

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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 Clearinghouse
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 PACER

Order on Motion for Leave to File Document

May 15, 2020 PACER

Motion Hearing

May 15, 2020 PACER

Order on Motion for TRO

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 Clearinghouse
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 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 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 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 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

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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 PACER
38

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/15/2020 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/8/2020. Redacted Transcript Deadline set for 6/18/2020. Release of Transcript Restriction set for 8/17/2020. (akr) (Entered: 05/18/2020)

May 18, 2020 PACER
39

ORDER Denying Plaintiffs' Ex Parte Motion for an Injunction Pending Appeal (ECF No. 36 ). Signed by Judge Cynthia Bashant on 5/18/20. (jmo) (Entered: 05/18/2020)

May 18, 2020 Clearinghouse
40

NOTICE of Appearance by Jeffrey M. Trissell on behalf of Bishop Arthur Hodges III, South Bay United Pentecostal Church (Trissell, Jeffrey)Attorney Jeffrey M. Trissell added to party Bishop Arthur Hodges III(pty:pla), Attorney Jeffrey M. Trissell added to party South Bay United Pentecostal Church(pty:pla) (jmo). (Entered: 05/19/2020)

May 19, 2020 PACER
41

ORDER of USCA as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. The motion of Americans United for Separation of Church and State for leave to file an amicus curiae brief in opposition to appellant's emergency motion for an injunction pending appeal is granted. The Clerk shall file the amicus brief submitted on May 16, 2020. Appellants' request to expedite this appeal is granted in part. Briefing schedule issued. No streamlined extensions of time will be approved. No written motions for extensions of time under Ninth Circuit Rule 31-2.2(b) will be granted absent extraordinary and compelling circumstances. (akr) (Entered: 05/22/2020)

May 22, 2020 PACER
42

ORDER of USCA as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. This appeal challenges the USDC's denial of appellants' motion for a temporary restraining order and order to show cause why a preliminary injunction should not issue in appellants' challenge to the application of the State of California and County of San Diego's stay-at-home orders to in-person religious services. Appellants have filed an emergency motion seeking injunctive relief permitting them to hold in-person religious services during the pendency of this appeal. We have jurisdiction to review the denial of a temporary restraining order where, as here, "the circumstances render the denial 'tantamount to the denial of a preliminary injunction.'" Accordingly, the motion to dismiss for lack of jurisdiction is denied. The request to take judicial notice is granted. In evaluating a motion for an injunction pending appeal, we consider whether the moving party has demonstrated that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest. We conclude that appellants have not demonstrated a sufficient likelihood of success on appeal. Where state action does not "infringe upon or restrict practices because of their religious motivation" and does not "in a selective manner impose burdens only on conduct motivated by religious belief," it does not violate the First Amendment. We're dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a "[c]ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact." The remaining factors do not counsel in favor of injunctive relief. We therefore deny the emergency motion for injunctive relief pending appeal. (See Order for full text.) (akr) (Entered: 05/22/2020)

May 22, 2020 PACER
43

Joint MOTION for Leave to File for Plaintiffs to File a Second Amended Complaint; and to Extend Time for Defendants Responses by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (LiMandri, Charles) (dlg). (Entered: 07/09/2020)

July 9, 2020 PACER
44

ORDER Granting Joint Motion (ECF No. 43 ). Deadline for Defendants to respond to first amended complaint is extended to 7/24/20, but is expected to be mooted by Plaintiff's filing of second amended complaint. Plaintiffs second amended complaint due no later than 7/17/20 at 5:00 PM. Defendants response to second amended complaint is extended 28 days after it is filed. Signed by Judge Cynthia Bashant on 7/10/20. (jmo) (Entered: 07/10/2020)

July 10, 2020 PACER
45

MOTION for an Indicative Ruling Pursuant to Fed. R. Civ. P. re 32 Order on Motion for Leave to File Document,,,,, Order on Motion for TRO,,,,,,,,,, Motion Hearing,,,, by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Bishop Hodges, # 3 Declaration of Charles LiMandri, # 4 Request for Judicial Notice, # 5 Proof of Service)(LiMandri, Charles) (jmo). (Entered: 07/10/2020)

July 10, 2020 Clearinghouse
46

ORDER Granting Motion for Indicative Ruling (ECF No. 45 ). Signed by Judge Cynthia Bashant on 7/14/20. (jmo) (Entered: 07/14/2020)

July 14, 2020 PACER
47

AMENDED COMPLAINT with Jury Demand, Second Amended, against Sonia Angell, Xavier Becerra, Kevin Faulconer, William D. Gore, Gavin Newsom, David Nisleit, Helen Robbins-Meyer, Wilma J. Wooten, filed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proof of Service) (LiMandri, Charles) (jmo). (Entered: 07/17/2020)

July 17, 2020 Clearinghouse
48

DEMAND for Trial by Jury by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (LiMandri, Charles) (jmo). (Entered: 07/20/2020)

July 20, 2020 PACER
49

ORDER of USCA as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. On July 10, 2020, Plaintiffs-Appellants filed a motion for a limited remand to the USDC for it to reconsider whether to enjoin California's orders regarding the COVID-19 pandemic, in light of changes to those orders and other developments since Plaintiffs filed the present appeal on May 15, 2020. The specific developments relevant to Plaintiffs' request are outlined in Plaintiffs' Motion for Indicative Ruling and the Second Amended Complaint filed with the USDC. The panel construes Plaintiffs' request as a renewed application for a temporary restraining order and an order to show cause re: preliminary injunction. The USDC presently lacks jurisdiction to consider this request, G & M, Inc. v. Newbern, 488 F.2d 742, 746 (9th Cir. 1973), but the USDC has issued an indicative ruling stating that the request raises a substantial issue. Accordingly, the panel grants Plaintiffs' motion for limited remand pursuant to Federal Rule of Appellate Procedure 12.1. The panel retains jurisdiction of the case and remands it for the limited purpose of permitting the USDC to consider Plaintiffs' request in light of the events and case law that have developed since May 15, 2020. On remand, the USDC may order supplemental briefing as necessary to address Plaintiffs' request. The oral argument set for August 12, 2020, is vacated, and this appeal is stayed pending the results of the limited remand ordered herein. The parties shall notify the Clerk of Court when the USDC has decided the motion on remand. (akr) (Entered: 07/29/2020)

July 29, 2020 PACER
50

ORDER Setting Briefing Schedule. Plaintiffs are to file their motion for temporary restraining order on or before 8/10/20. Any response by Defendants must be filed within 21 days of Plaintiffs' filing of the motion and any reply by Plaintiffs must be filed within 7 days of Defendants' filing of the opposition. Signed by Judge Cynthia Bashant on 7/29/20.(jmo) (Entered: 07/29/2020)

July 29, 2020 PACER
51

Joint MOTION for Extension of Time to File Responses to Second Amended Complaint by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Proposed Order)(Grabarsky, Todd) (jmo). (Entered: 07/30/2020)

July 30, 2020 PACER
52

ORDER Granting Joint Motion for Extension of Time (ECF No. 51 ). The deadline for Defendants to respond to the Second Amended Complaint is extended until twenty-one (21) days after the Court issues its ruling on Plaintiffs' intended motion for temporary restraining order. Signed by Judge Cynthia Bashant on 7/30/20. (jmo) (Entered: 07/30/2020)

July 30, 2020 PACER
53

MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Second Suppl. Declaration of Bishop Hodges, # 3 Suppl. Declaration of Jeffrey Trissell, # 4 Declaration of Dr. Delgado, # 5 Declaration of Charles Cicchetti, # 6 Declaration of Sean Kaufman, # 7 Declaration of James Lyons-Weiller, # 8 Declaration of Dr. Bhattacharya, # 9 Proof of Service)(LiMandri, Charles) (jpp). (Entered: 08/10/2020)

1 Memo of Points and Authorities

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2 Second Suppl. Declaration of Bishop Hodges

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3 Suppl. Declaration of Jeffrey Trissell

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4 Declaration of Dr. Delgado

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5 Declaration of Charles Cicchetti

View on RECAP

6 Declaration of Sean Kaufman

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7 Declaration of James Lyons-Weiller

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8 Declaration of Dr. Bhattacharya

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9 Proof of Service

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Aug. 10, 2020 Clearinghouse
54

DECLARATION re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed of Dr. Jayanta Bhattacharya by Plaintiffs Bishop Arthur Hodges III, South Bay United Pentecostal Church. (LiMandri, Charles) (dlg). (Entered: 08/14/2020)

Aug. 14, 2020 Clearinghouse
55

Joint MOTION for Leave to File Excess Pages by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Proposed Order)(Grabarsky, Todd) (jmo). (Entered: 08/20/2020)

Aug. 20, 2020 PACER
56

ORDER Granting Joint Motion to Enlarge Page Limits (ECF No. 55 ). State Defendants' opposition shall not exceed 35 pages, and Plaintiffs' reply shall not exceed 15 pages. Signed by Judge Cynthia Bashant on 8/20/20. (jmo) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
57

RESPONSE in Opposition re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Declaration of Todd Grabarsky, # 2 Declaration of Dr. James Watt, # 3 Declaration of Dr. George Rutherford, # 4 Declaration of Peter Imrey, Ph.D., # 5 Declaration of Cpt. Douglas Lyons, # 6 Declaration of Kim James, # 7 Request for Judicial Notice, # 8 Proof of Service)(Grabarsky, Todd) (jmo). (Entered: 08/31/2020)

Aug. 31, 2020 RECAP
58

RESPONSE in Opposition re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed filed by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten. (Attachments: # 1 Declaration of Brent Jordan, # 2 Declaration of Gary Johnston, # 3 Proof of Service)(White, Timothy) (jmo). (Entered: 08/31/2020)

Aug. 31, 2020 PACER
59

NOTICE of Joinder by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten re 57 Response in Opposition to Motion,, (Attachments: # 1 Proof of Service)(White, Timothy) (jmo). (Entered: 08/31/2020)

Aug. 31, 2020 PACER
60

NOTICE of Supplemental Authority by Sonia Angell, Xavier Becerra, Gavin Newsom re 57 Response in Opposition to Motion,, (Grabarsky, Todd) (jmo). (Entered: 09/04/2020)

Sept. 4, 2020 PACER
61

REPLY to Response to Motion re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed filed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Reply to County Opposition to Renewd Motion for PI, # 2 Declaration of Dr. Bhattacharya, # 3 Declaration of Dr. Delgado, # 4 Declaration of Bishop Hodges, # 5 Declaration of Jeffrey Trissell, # 6 Objections to Evidence - Declarations, # 7 Opposition to RFJN, # 8 Proof of Service)(LiMandri, Charles) (jmo). (Entered: 09/08/2020)

Sept. 8, 2020 PACER
62

NOTICE (Second) of Supplemental Authority by Sonia Angell, Xavier Becerra, Gavin Newsom re 57 Response in Opposition to Motion,, (Grabarsky, Todd) (jmo). (Entered: 09/10/2020)

Sept. 10, 2020 RECAP
63

NOTICE of Supplemental Authority by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 61 Reply to Response to Motion,, 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed (LiMandri, Charles)(jmo). (Entered: 09/11/2020)

Sept. 11, 2020 RECAP
64

NOTICE (Second) of Supplemental Authority by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 61 Reply to Response to Motion,, 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed (LiMandri, Charles) (jmo). (Entered: 09/14/2020)

Sept. 14, 2020 RECAP
65

RESPONSE re 61 Reply to Response to Motion,, State Defendants Responses to Plaintiffs Evidentiary Objections (ECF No. 61-6) filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Plank, Lisa) (jmo). (Entered: 09/17/2020)

Sept. 17, 2020 PACER
66

NOTICE (Third) of Supplemental Authority by Sonia Angell, Xavier Becerra, Gavin Newsom re 57 Response in Opposition to Motion,, (Grabarsky, Todd) (jmo). (Entered: 10/01/2020)

Oct. 1, 2020 PACER
67

NOTICE (Fourth) of Supplemental Authority by Sonia Angell, Xavier Becerra, Gavin Newsom re 57 Response in Opposition to Motion,, (Grabarsky, Todd) (jmo). (Entered: 10/06/2020)

Oct. 6, 2020 PACER
68

NOTICE (Fifth) of Supplemental Authority by Sonia Angell, Xavier Becerra, Gavin Newsom re 57 Response in Opposition to Motion,, (Grabarsky, Todd) (jmo). (Entered: 10/07/2020)

Oct. 7, 2020 PACER
69

REQUEST FOR JUDICIAL NOTICE by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed Supplemental Notice Pursuant to Federal Rules of Evidence 201 (Attachments: # 1 Declaration of Jeffrey Trissell, # 2 Proof of Service)(LiMandri, Charles) (jmo). (Entered: 10/13/2020)

Oct. 13, 2020 PACER
70

NOTICE of (Third) Supplemental Authority by Bishop Arthur Hodges III, South Bay United Pentecostal Church re 53 MOTION for Temporary Restraining Order / Preliminary Injunction - Renewed (LiMandri, Charles) (jmo). (Entered: 10/13/2020)

Oct. 13, 2020 PACER
71

ORDER Denying Plaintiffs' Renewed Motion for a Temporary Restraining Order or Preliminary Injunction (ECF No. 53 ). Signed by Judge Cynthia Bashant on 10/14/20. (jmo) (Entered: 10/15/2020)

Oct. 15, 2020 Clearinghouse
72

Joint MOTION for Extension of Time to File Responses to Second Amended Complaint Pending Appeal by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Proposed Order)(Grabarsky, Todd) (jmo). (Entered: 10/21/2020)

Oct. 21, 2020 Clearinghouse
73

ORDER Granting Joint Motion to Extend Time to File Response (ECF No. 72 ). Defendants shall respond to the Second Amended Complaint within twenty-one days of the Ninth Circuit Court of Appeals' ruling on the pending interlocutory appeal. Signed by Judge Cynthia Bashant on 10/21/20. (jmo) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
74

ORDER of USCA as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. Because the issues raised in this appeal may be affected by the United States Supreme Court's resolution of the pending application for injunctive relief in Harvest Rock Church, Inc. v. Newsom, No. 20A94 (Nov. 24, 2020), further proceedings in this case are deferred pending a disposition by the Supreme Court in that matter. (akr) (Entered: 12/01/2020)

Dec. 1, 2020 PACER
75

Ex Parte MOTION for an Injunction Pending Appeal by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jeffrey M. Trissell)(LiMandri, Charles) (jmo). (Entered: 12/03/2020)

Dec. 3, 2020 PACER
76

RESPONSE in Opposition re 75 Ex Parte MOTION for an Injunction Pending Appeal Preliminary Response to Plaintiffs' Ex Parte Motion for Injunction Pending Appeal filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Grabarsky, Todd) (jmo). (Entered: 12/05/2020)

Dec. 5, 2020 PACER
77

RESPONSE re 76 Response in Opposition to Motion, to the State Defendants Request for a Delayed Briefing Schedule filed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (LiMandri, Charles) (jmo). (Entered: 12/07/2020)

Dec. 7, 2020 PACER
78

Order Setting Briefing Schedule 75 . Plaintiffs are to file a supplemental brief on or before 12/9/20. Defendants are to file a response on or before 12/14/2020. Plaintiffs are to file any reply on or before 12/16/2020. The Court orders the parties to appear in a telephonic hearing on 12/18/2020 at 10:30 AM before Judge Cynthia Bashant for oral argument on Plaintiffs' motion. Signed by Judge Cynthia Bashant on 12/7/20.(jmo) (Entered: 12/07/2020)

Dec. 7, 2020 RECAP
79

ORDER of USCA as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. 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 USDC's October 15, 2020 order denying the motion for injunctive relief filed by South Bay United Pentecostal Church ("South Bay"), and remand to the USDC for further consideration of this matter. South Bay's emergency motion for an injunction pending appeal is denied without prejudice. The panel will retain jurisdiction over any related future appeal. (This Order is for publication.) (akr). (Main Document 79 replaced on 12/14/2020 with revised document issued by the USCA. Document re-formatted as slip opinion and edited to include text that the panel will retain jurisdiction over any related future appeal. Docket text modified to include new text.) (akr). (Entered: 12/08/2020)

Dec. 8, 2020 Clearinghouse
80

SUPPLEMENTAL BRIEFING by Plaintiffs Bishop Arthur Hodges III, South Bay United Pentecostal Church re 75 Ex Parte MOTION for an Injunction Pending Appeal . (Attachments: # 1 Declaration of Dr. George Delgado, # 2 Proof of Service)(LiMandri, Charles) (jmo). (Entered: 12/09/2020)

1 Declaration of Dr. George Delgado

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2 Proof of Service

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Dec. 9, 2020 PACER
81

RESPONSE in Opposition re 75 Ex Parte MOTION for an Injunction Pending Appeal filed by Sonia Angell, Xavier Becerra, Gavin Newsom. (Attachments: # 1 Declaration Todd Grabarsky (First), # 2 Declaration Todd Grabarsky (Second), # 3 Declaration Dr. James Watt, # 4 Declaration Dr. George Rutherford, # 5 Declaration Dr. Michael Stoto, # 6 Declaration Dr. Yvonne Maldonado, # 7 Request for Judicial Notice, # 8 Proof of Service)(Grabarsky, Todd) (jmo). (Entered: 12/14/2020)

Dec. 14, 2020 PACER
82

NOTICE of Joinder by William D. Gore, Helen Robbins-Meyer, Wilma J. Wooten re 81 Response in Opposition to Motion, (Attachments: # 1 Proof of Service)(White, Timothy) (jmo). (Entered: 12/14/2020)

Dec. 14, 2020 PACER
83

RESPONSE in Opposition re 75 Ex Parte MOTION for an Injunction Pending Appeal 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: 12/14/2020)

1 Request for Judicial Notice

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2 Proof of Service

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Dec. 14, 2020 PACER
84

MANDATE of USCA vacating the USDC's October 15, 2020, order denying the motion for injunctive relief and remanding to the USDC for further consideration as to 35 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. (akr) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
85

REPLY - Other re 83 Response in Opposition to Motion, 80 Supplemental Briefing, 81 Response in Opposition to Motion, 82 Notice of Joinder in Support of Motion for a Preliminary Injunction filed by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Attachments: # 1 Reply to the San Diego County Defendants iso Motion for PI, # 2 Decl. of JEffrey Trissell re Repliesiso Motion for PI, # 3 Proof of Service)(LiMandri, Charles) (jmo). (Entered: 12/16/2020)

Dec. 16, 2020 PACER
86

OBJECTION by Sonia Angell, Xavier Becerra, Gavin Newsom re 85 Reply - Other, Objection to Evidence Filed with Reply. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Grabarsky, Todd) (jmo). (Entered: 12/17/2020)

Dec. 17, 2020 RECAP
87

Minute Entry for proceedings held before Judge Cynthia Bashant: Telephonic Motion Hearing held on 12/18/2020 re 75 Ex Parte MOTION for an Injunction Pending Appeal filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. Matter taken under submission and Court to issue order.(Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Paul Jonna, Charles LiMandri, Mark Meuser, and Jeffrey Trissell). (Defendant Attorney Todd Grabarsky, Lisa Plank, and Timothy White). (no document attached) (sxm) (Entered: 12/18/2020)

Dec. 18, 2020 PACER
88

NOTICE of New Authority by Sonia Angell, Xavier Becerra, Gavin Newsom (Grabarsky, Todd) (jmo). (Entered: 12/18/2020)

Dec. 18, 2020 PACER

Motion Hearing

Dec. 18, 2020 PACER
89

NOTICE of New Authority (Second) by Sonia Angell, Xavier Becerra, Gavin Newsom (Grabarsky, Todd) (jmo). (Entered: 12/19/2020)

Dec. 19, 2020 PACER
90

SUPPLEMENTAL BRIEFING by Plaintiffs Bishop Arthur Hodges III, South Bay United Pentecostal Church in Support of Plaintiffs' Renewed Motion for a Preliminary Injunction. (LiMandri, Charles) (jmo). (Entered: 12/19/2020)

Dec. 19, 2020 PACER
91

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 12/18/2020 before Judge Cynthia Bashant. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. (akr) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
92

ORDER: 1. Granting Defendants' Request for Judicial Notice (ECF No. 81-7); 2. Striking Exhibits 4-7 to the Declaration of Trissel and Denying as Moot Defendants' Objection (ECF No. 86 ); and 3. Denying Plaintiffs' Renewed Motion for a Temporary Restraining Order or Preliminary Injunction (ECF No. 75 ). Signed by Judge Cynthia Bashant on 12/21/20. (jmo) (Entered: 12/21/2020)

Dec. 21, 2020 Clearinghouse
93

NOTICE OF APPEAL to the 9th Circuit as to 92 Order Denying Plaintiffs' Renewed Motion for a Temporary Restraining Order or Preliminary Injunction by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (Filing fee $ 505 receipt number ACASDC-15088793.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (Attachments: # 1 Representation Statement)(LiMandri, Charles). (Modified on 12/21/2020: Edited docket text re linked Order.) (akr). (Entered: 12/21/2020)

Dec. 21, 2020 PACER
94

USCA Case Number 20-56358 for 93 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. (akr) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
95

ORDER of USCA as to 93 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. 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 Amendment's 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 pandemic's impact on Southern California, in particular, we order Appellants' appeal from the USDC's Order Denying the Motion for a Temporary Restraining Order or Preliminary Injunction expedited. Briefing schedule issued. 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. (This Order is for publication.) (akr) (Entered: 12/23/2020)

Dec. 23, 2020 PACER
96

ORDER of USCA as to 93 Notice of Appeal to the 9th Circuit filed by South Bay United Pentecostal Church, Bishop Arthur Hodges III. Appellants' Urgent Motion for an Injunction Pending Appeal Under Circuit Rule 27-3(b) is denied without prejudice to renewing the request for injunctive relief in conjunction with the merits appeal. (This Order is for publication.) (akr) (Entered: 12/24/2020)

Dec. 24, 2020 Clearinghouse

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The South Bay United Pentecostal Church, a California non-profit organization, along with two religious figures

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of California, State

Attorney General of California, State

California Public Health Officer, State

Public Health Officer (San Diego), County

Director of Emergency Services (San Diego), County

Sheriff of the County of San Diego (San Diego), County

Mayor of the City of San Diego (San Diego), City

Chief of Police of the City of San Diego (San Diego), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,600,000

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination