1
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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
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May 8, 2020
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May 8, 2020
RECAP
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2
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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)
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May 8, 2020
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May 8, 2020
PACER
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3
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**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)
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May 8, 2020
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May 8, 2020
PACER
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4
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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)
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May 8, 2020
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May 8, 2020
PACER
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5
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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)
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May 8, 2020
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May 8, 2020
PACER
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6
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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)
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May 8, 2020
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May 8, 2020
PACER
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7
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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)
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May 9, 2020
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May 9, 2020
PACER
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8
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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)
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May 11, 2020
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May 11, 2020
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9
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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)
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May 11, 2020
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May 11, 2020
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10
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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)
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May 11, 2020
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May 11, 2020
PACER
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11
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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)
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May 11, 2020
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May 11, 2020
RECAP
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12
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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
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May 11, 2020
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May 11, 2020
PACER
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13
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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)
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May 11, 2020
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May 11, 2020
PACER
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14
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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)
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May 11, 2020
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May 11, 2020
PACER
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15
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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)
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May 11, 2020
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May 11, 2020
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16
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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)
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May 12, 2020
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May 12, 2020
PACER
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17
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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)
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May 12, 2020
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May 12, 2020
PACER
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18
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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)
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May 12, 2020
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May 12, 2020
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19
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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)
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May 12, 2020
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May 12, 2020
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20
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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)
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May 12, 2020
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May 12, 2020
PACER
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21
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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)
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May 12, 2020
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May 12, 2020
PACER
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22
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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)
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May 14, 2020
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May 14, 2020
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23
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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)
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May 14, 2020
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May 14, 2020
PACER
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24
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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)
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May 14, 2020
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May 14, 2020
PACER
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25
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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)
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May 14, 2020
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May 14, 2020
PACER
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26
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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)
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May 14, 2020
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May 14, 2020
PACER
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27
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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)
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May 14, 2020
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May 14, 2020
PACER
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28
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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)
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May 14, 2020
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May 14, 2020
PACER
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29
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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)
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May 14, 2020
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May 14, 2020
PACER
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30
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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)
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May 15, 2020
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May 15, 2020
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Order on Motion for Leave to File Document
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May 15, 2020
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May 15, 2020
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Motion Hearing
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May 15, 2020
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May 15, 2020
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Order on Motion for TRO
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May 15, 2020
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May 15, 2020
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31
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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)
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May 15, 2020
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May 15, 2020
PACER
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32
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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)
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May 15, 2020
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May 15, 2020
PACER
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33
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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)
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May 15, 2020
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May 15, 2020
PACER
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34
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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)
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May 15, 2020
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May 15, 2020
PACER
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35
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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)
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May 15, 2020
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May 15, 2020
PACER
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36
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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
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May 15, 2020
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May 15, 2020
RECAP
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37
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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)
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May 16, 2020
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May 16, 2020
PACER
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38
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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)
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May 18, 2020
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May 18, 2020
PACER
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39
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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)
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May 18, 2020
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May 18, 2020
RECAP
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40
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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)
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May 19, 2020
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May 19, 2020
PACER
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41
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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)
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May 22, 2020
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May 22, 2020
PACER
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42
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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)
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May 22, 2020
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May 22, 2020
PACER
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43
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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)
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July 9, 2020
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July 9, 2020
PACER
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44
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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)
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July 10, 2020
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July 10, 2020
PACER
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45
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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)
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July 10, 2020
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July 10, 2020
RECAP
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46
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ORDER Granting Motion for Indicative Ruling (ECF No. 45 ). Signed by Judge Cynthia Bashant on 7/14/20. (jmo) (Entered: 07/14/2020)
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July 14, 2020
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July 14, 2020
PACER
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47
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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)
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July 17, 2020
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July 17, 2020
RECAP
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48
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DEMAND for Trial by Jury by Bishop Arthur Hodges III, South Bay United Pentecostal Church. (LiMandri, Charles) (jmo). (Entered: 07/20/2020)
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July 20, 2020
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July 20, 2020
PACER
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49
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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)
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July 29, 2020
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July 29, 2020
PACER
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50
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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)
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July 29, 2020
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July 29, 2020
PACER
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51
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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)
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July 30, 2020
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July 30, 2020
PACER
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52
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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)
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July 30, 2020
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July 30, 2020
PACER
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53
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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
View on RECAP
2 Second Suppl. Declaration of Bishop Hodges
View on RECAP
3 Suppl. Declaration of Jeffrey Trissell
View on RECAP
4 Declaration of Dr. Delgado
View on RECAP
5 Declaration of Charles Cicchetti
View on RECAP
6 Declaration of Sean Kaufman
View on RECAP
7 Declaration of James Lyons-Weiller
View on RECAP
8 Declaration of Dr. Bhattacharya
View on RECAP
9 Proof of Service
View on RECAP
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Aug. 10, 2020
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Aug. 10, 2020
RECAP
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54
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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)
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Aug. 14, 2020
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Aug. 14, 2020
RECAP
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55
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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)
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Aug. 20, 2020
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Aug. 20, 2020
PACER
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56
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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)
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Aug. 20, 2020
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Aug. 20, 2020
PACER
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57
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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)
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Aug. 31, 2020
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Aug. 31, 2020
RECAP
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58
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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)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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59
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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)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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60
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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)
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Sept. 4, 2020
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Sept. 4, 2020
PACER
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61
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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)
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Sept. 8, 2020
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Sept. 8, 2020
PACER
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62
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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)
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Sept. 10, 2020
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Sept. 10, 2020
RECAP
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63
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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)
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Sept. 11, 2020
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Sept. 11, 2020
RECAP
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64
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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)
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Sept. 14, 2020
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Sept. 14, 2020
RECAP
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65
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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)
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Sept. 17, 2020
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Sept. 17, 2020
PACER
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66
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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)
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Oct. 1, 2020
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Oct. 1, 2020
PACER
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67
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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)
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Oct. 6, 2020
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Oct. 6, 2020
PACER
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68
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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)
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Oct. 7, 2020
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Oct. 7, 2020
PACER
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69
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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)
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Oct. 13, 2020
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Oct. 13, 2020
PACER
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70
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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)
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Oct. 13, 2020
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Oct. 13, 2020
PACER
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71
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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)
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Oct. 15, 2020
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Oct. 15, 2020
RECAP
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72
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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)
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Oct. 21, 2020
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Oct. 21, 2020
RECAP
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73
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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)
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Oct. 22, 2020
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Oct. 22, 2020
PACER
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74
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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)
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Dec. 1, 2020
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Dec. 1, 2020
PACER
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75
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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)
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Dec. 3, 2020
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Dec. 3, 2020
PACER
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76
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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)
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Dec. 5, 2020
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Dec. 5, 2020
PACER
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77
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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)
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Dec. 7, 2020
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Dec. 7, 2020
PACER
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78
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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)
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Dec. 7, 2020
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Dec. 7, 2020
RECAP
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79
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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)
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Dec. 8, 2020
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Dec. 8, 2020
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80
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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
View on PACER
2 Proof of Service
View on PACER
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Dec. 9, 2020
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Dec. 9, 2020
PACER
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81
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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)
1 Declaration Todd Grabarsky (First)
View on PACER
2 Declaration Todd Grabarsky (Second)
View on PACER
3 Declaration Dr. James Watt
View on PACER
4 Declaration Dr. George Rutherford
View on PACER
5 Declaration Dr. Michael Stoto
View on PACER
6 Declaration Dr. Yvonne Maldonado
View on RECAP
7 Request for Judicial Notice
View on PACER
8 Proof of Service
View on PACER
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Dec. 14, 2020
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Dec. 14, 2020
PACER
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82
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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)
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Dec. 14, 2020
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Dec. 14, 2020
PACER
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83
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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
View on PACER
2 Proof of Service
View on PACER
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Dec. 14, 2020
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Dec. 14, 2020
PACER
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84
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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)
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Dec. 16, 2020
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Dec. 16, 2020
PACER
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85
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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)
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Dec. 16, 2020
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Dec. 16, 2020
PACER
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86
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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)
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Dec. 17, 2020
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Dec. 17, 2020
RECAP
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87
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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)
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Dec. 18, 2020
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Dec. 18, 2020
PACER
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88
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NOTICE of New Authority by Sonia Angell, Xavier Becerra, Gavin Newsom (Grabarsky, Todd) (jmo). (Entered: 12/18/2020)
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Dec. 18, 2020
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Dec. 18, 2020
PACER
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Motion Hearing
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Dec. 18, 2020
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Dec. 18, 2020
PACER
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89
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NOTICE of New Authority (Second) by Sonia Angell, Xavier Becerra, Gavin Newsom (Grabarsky, Todd) (jmo). (Entered: 12/19/2020)
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Dec. 19, 2020
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Dec. 19, 2020
PACER
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90
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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)
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Dec. 19, 2020
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Dec. 19, 2020
PACER
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91
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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)
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Dec. 21, 2020
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Dec. 21, 2020
PACER
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92
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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)
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Dec. 21, 2020
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Dec. 21, 2020
RECAP
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93
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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)
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Dec. 21, 2020
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Dec. 21, 2020
PACER
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94
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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)
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Dec. 22, 2020
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Dec. 22, 2020
PACER
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95
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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)
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Dec. 23, 2020
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Dec. 23, 2020
PACER
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96
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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)
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Dec. 24, 2020
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Dec. 24, 2020
RECAP
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