Case: Calvary Chapel of Ukiah v. Newsom

2:20-cv-01431 | U.S. District Court for the Eastern District of California

Filed Date: July 15, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a case brought by several churches in California, challenging state restrictions on worship brought on by COVID-19. The churches requested injunctive relief, claiming violations of the First and Fourteenth Amendments. No outcome yet. Three California churches brought this lawsuit against Governor Gavin Newsom and state and county public health officials, challenging state restrictions on worship. The complaint was filed July 15, 2020 in the United States District Cour…

COVID-19 Summary: This is a case brought by several churches in California, challenging state restrictions on worship brought on by COVID-19. The churches requested injunctive relief, claiming violations of the First and Fourteenth Amendments. No outcome yet.


Three California churches brought this lawsuit against Governor Gavin Newsom and state and county public health officials, challenging state restrictions on worship. The complaint was filed July 15, 2020 in the United States District Court for the Eastern District of California. Represented by the American Center for Law and Justice, the National Center for Law and Policy, and private counsel, the churches alleged violations of their First and Fourteenth Amendment rights, and sought declaratory and injunctive relief, nominal damages, and attorneys’ fees and costs. The case was assigned to Chief Judge Kimberly J. Mueller.

The state’s COVID-19 public health guidance prohibited singing and chanting during worship services (the "Worship Ban"); this prohibition was enforceable by fines and imprisonment. However, the prohibition did not extend to secular activities, including day care centers, entertainment, schools, and, most notably, protests against police violence. The churches argued that the state’s guidance showed bias against religious worship, in violation of the churches’ freedom of speech, freedom of religious exercise, and equal protection rights.

On August 8, 2020, the plaintiffs filed a first amended complaint, which added additional factual allegations in light of updated COVID-19 orders in the state and in the defendants' county.

Additionally, the plaintiffs withdrew their initial motion for a preliminary injunction and filed a new one on August 12, 2020. They continued to request that the court enjoin the defendants from enforcing the Worship Ban and enjoin the county orders enforcing the Ban. The defendants filed oppositions in mid-October, and the court scheduled a hearing for November 6, 2020.

The case is ongoing.

Summary Authors

Gregory Marsh (7/21/2020)

Lily Sawyer-Kaplan (10/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17358169/parties/calvary-chapel-of-ukiah-v-newsom/


Judge(s)

Cota, Dennis M. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Broyles, Dean Robert (California)

Higuera, Nada N. (California)

Sekulow, Jay Alan (District of Columbia)

Southerland, Abigail A (Tennessee)

Tyler, Robert H. (California)

White, Edward L. III (Michigan)

Zimmerman, Erik (Michigan)

Attorneys(s) for Defendant

Curtis, Christian Meyer (California)

Judge(s)

Cota, Dennis M. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Broyles, Dean Robert (California)

Higuera, Nada N. (California)

Sekulow, Jay Alan (District of Columbia)

Southerland, Abigail A (Tennessee)

Tyler, Robert H. (California)

White, Edward L. III (Michigan)

Zimmerman, Erik (Michigan)

Attorneys(s) for Defendant

Curtis, Christian Meyer (California)

Eisenberg, Jonathan Michael (California)

Grabarsky, Todd (California)

Stephens, Brad J. (California)

Documents in the Clearinghouse

Document

2:20-cv-01431

Docket [PACER]

Oct. 16, 2020

Oct. 16, 2020

Docket
1

2:20-cv-01431

Verified Complaint for Declaratory and Injunctive Relief

July 15, 2020

July 15, 2020

Complaint
15

2:20-cv-01431

Verified First Amended Complaint for Declaratory and Injunctive Relief

Aug. 6, 2020

Aug. 6, 2020

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17358169/calvary-chapel-of-ukiah-v-newsom/

Last updated Aug. 29, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants by all plaintiffs. Attorney Tyler, Robert H. added. (Filing fee $ 400, receipt number 0972-8997011) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Tyler, Robert) (Entered: 07/15/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Civil Cover Sheet

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July 15, 2020

July 15, 2020

RECAP
2

SUMMONS ISSUED as to *Sonia Angell, Noemi Dooham, Ngoc-Phuong Luu, Gavin Newsom* with answer to complaint due within *21* days. Attorney *Robert H. Tyler* *Tyler & Bursch, LLP* *25026 Las Brisas Road* *Murrieta, CA 92562*. (Benson, A.) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
3

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 11/19/2020 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Benson, A.) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
4

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church for attorney Edward L. White III to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9002022) (Attachments: # 1 Attachment A: Certificate of Good Standing, # 2 Attachment B: List of Admitted Courts)(Tyler, Robert) Modified on 7/20/2020 (Zignago, K.). (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
5

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller ORDERING this matter REFERRED to Magistrate Judge Dennis M. Cota for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 11/19/2020 before Chief District Judge Kimberly J. Mueller is VACATED, and will be reset by Magistrate Judge Dennis M. Cota. Plaintiffs' shall serve a copy of this minute order on Defendants not yet appearing. (Text Only Entry) (Schultz, C) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
6

MINUTE ORDER issued by Courtroom Deputy C. Pine for Magistrate Judge Dennis M. Cota: This matter is set for an Initial Scheduling Conference on 11/18/2020 at 10:00 AM at 2986 Bechelli Lane, Redding, California, before Magistrate Judge Dennis M. Cota. Plaintiff shall serve a copy of this minute order on defendants not yet appearing. (Pine, C) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
7

PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 7/22/2020. Added attorney Edward L. White III, PHV for all Plaintiffs. (Huang, H) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
8

[WITHDRAWN - see 16 Withdrawal of Motion] MOTION FOR PRELIMINARY INJUNCTION by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah. Motion Hearing SET for 8/21/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Declaration of Nada Higuera, # 2 Proposed Order) (Tyler, Robert) Modified on 8/12/2020 (Michel, G.). (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
9

STIPULATION and PROPOSED ORDER for Expedited Briefing Schedule Related to Plaintiffs' 8 Motion for Preliminary Injunction by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah. (Tyler, Robert) Modified on 7/27/2020 (Becknal, R). (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
10

NOTICE of RELATED CASE(S) 2:20-cv-00832-JAM-CKD, 2:20-cv-00853-JAM-CKD, 2:20-cv-00691-JAM-CKD by Sonia Angell, Gavin Newsom. Attorney Eisenberg, Jonathan Michael added. (Eisenberg, Jonathan) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
11

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church for attorney Abigail A. Southerland to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9024250) (Attachments: # 1 Attachment A: Certificate of Good Standing, # 2 Attachment B: List of Court Admissions)(Tyler, Robert) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
12

RESPONSE by Plaintiffs to 10 Notice of Related Case(s). (Tyler, Robert) Modified on 8/3/2020 (Mena-Sanchez, L). (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
13

PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 7/31/2020. Added attorney Abigail A. Southerland, PHV for Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, and River of Life Church. (Huang, H) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
14

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiff Calvary Chapel of Ukiah and Calvary Chapel Fort Bragg's Motion for a Preliminary Injunction, ECF No. 8, set for 8/21/2020 is RESET for 8/27/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller. Motion briefing deadlines are reset as provided by Local Rule 230. Plaintiffs shall serve a copy of this Minute Order on Defendants not yet appearing. (Text Only Entry) (Schultz, C) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

PACER
15

FIRST AMENDED COMPLAINT against Sonia Angell, Noemi Dooham, Ngoc-Phuong Luu, Gavin Newsom by Calvary Chapel of Ukiah, River of Life Church, Calvary Chapel Fort Bragg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Tyler, Robert) (Entered: 08/06/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Aug. 6, 2020

Aug. 6, 2020

RECAP
16

WITHDRAWAL OF MOTION re 8 Motion for Preliminary Injunction filed by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah. (Tyler, Robert) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
17

WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Sonia Angell on 8/6/2020, Answer due 10/5/2020; Gavin Newsom on 8/6/2020, Answer due 10/5/2020 (Eisenberg, Jonathan) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
18

MINUTE ORDER issued by Relief Courtroom Deputy G. Michel for Chief District Judge Kimberly J. Mueller: In light of the plaintiffs' Withdrawal of Motion, ECF No. 16, the Motion Hearing re Plaintiffs' 8 Motion for Preliminary Injunction set for 8/27/2020 is hereby VACATED. [TEXT ONLY ENTRY] (Michel, G.) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
19

MOTION for PRELIMINARY INJUNCTION by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church. Motion Hearing set for 9/25/2020 at 10:00 AM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Attachments: # 1 Proposed Order)(Tyler, Robert) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
20

CORPORATE DISCLOSURE STATEMENT by Plaintiffs Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church. (Tyler, Robert) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
21

SUPPLEMENT by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church re 19 Motion for Preliminary Injunction. (Tyler, Robert) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER
22

WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Ngoc-Phuong Luu on 8/6/2020, Answer due 10/5/2020 (Tyler, Robert) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER
23

WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Noemi Dooham on 8/6/2020. (Attachments: # 1 Proof of Service)(Curtis, Christian) Modified on 8/31/2020 (Kaminski, H). (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
24

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: On the court's own motion, the hearing as to Plaintiffs' Amended Motion for a Preliminary Injunction, ECF No. 19, set for 9/25/2020 is RESET for 10/16/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller. Motion briefing deadlines are reset as provided by Local Rule 230. (Text Only Entry)(Schultz, C) (Entered: 09/01/2020)

Sept. 1, 2020

Sept. 1, 2020

PACER
25

AMENDED 23 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Noemi Dooham on 8/6/2020. (Attachments: # 1 Proof of Service)(Curtis, Christian) Modified on 9/9/2020 (Huang, H). (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
26

STIPULATION to Extend Defense Deadline to Respond to First Amended Complaint by Sonia Angell, Noemi Dooham, Ngoc-Phuong Luu, Gavin Newsom. (Eisenberg, Jonathan) Modified on 9/23/2020 (Kastilahn, A). (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
27

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church for attorney Erik M. Zimmerman to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-9139139) (Attachments: # 1 Attachment A: Certificate of Good Standing, # 2 Attachment B: List of Court Admissions)(Tyler, Robert) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
28

PRO HAC VICE ORDER signed by Chief District Judge Kimberly J. Mueller on 09/28/20 adding attorney Erik Michael Zimmerman, PHV for Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah and for River of Life Church. (Benson, A.) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
29

STIPULATION and PROPOSED ORDER for Modified Briefing Schedule and Hearing Date re 19 Motion for Preliminary Injunction by Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah, River of Life Church. (Zimmerman, Erik) Modified on 10/1/2020 (Huang, H). (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
30

MINUTE ORDER issued by Courtroom Deputy C. Schultz for Chief District Judge Kimberly J. Mueller: The parties' Stipulated Request to Modify Briefing Schedule, ECF No. 29 is ADOPTED. Accordingly, the hearing as to Plaintiffs' Amended Motion for a Preliminary Injunction, ECF No. 19, set for 10/16/2020 is RESET for 11/6/2020 at 10:00 AM before Chief District Judge Kimberly J. Mueller with Defendants opposition to be filed by 10/16/2020, and Plaintiffs' reply to be filed by 10/30/2020. (Text Only Entry)(Schultz, C) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
31

OPPOSITION by Noemi Dooham to 19 Motion for Preliminary Injunction,. (Attachments: # 1 Declaration, # 2 Supplement)(Curtis, Christian) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
32

JOINDER by Ngoc-Phuong Luu in re 19 Motion for Preliminary Injunction, filed by River of Life Church, Calvary Chapel Fort Bragg, Calvary Chapel of Ukiah. Attorney Stephens, Bradley J. added. Bradley J. Stephens (Stephens, Bradley) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
33

OPPOSITION by Sonia Angell, Gavin Newsom to 19 Motion for Preliminary Injunction,. (Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
34

DECLARATION of Crabtree-Ireland in opposition to 19 Motion for Preliminary Injunction,. (Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
35

DECLARATION of Eisenberg in opposition to 19 Motion for Preliminary Injunction,. (Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
36

DECLARATION of Quirarte in opposition to 19 Motion for Preliminary Injunction,. (Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
37

DECLARATION of Lyons in opposition to 19 Motion for Preliminary Injunction,. (Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
38

DECLARATION of Bell in opposition to 19 Motion for Preliminary Injunction,. (Attachments: # 1 Exhibit, # 2 Exhibit)(Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
39

DECLARATION of Watt in opposition to 19 Motion for Preliminary Injunction,. (Attachments: # 1 Exhibit, # 2 Exhibit)(Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
40

DECLARATION of Rutherford in opposition to 19 Motion for Preliminary Injunction,. (Attachments: # 1 Exhibit, # 2 Exhibit)(Eisenberg, Jonathan) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
52

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/3/2020 DIRECTING defendants Gavin Newsom, Erica Pan, Robert Bernstein and Noemi Doohan to respond to 15 First Amended Complaint within 14 days after the court issues its ruling on 19 Motion for Preliminary Injunction. (Coll, A)

Nov. 4, 2020

Nov. 4, 2020

RECAP
57

ORDER signed by Magistrate Judge Dennis M. Cota on 11/13/2020 ORDERING [ 6 ] the parties shall be required to appear telephonically at the scheduling conference set for 11/18/2020, at 10:00 AM, before DMC in Redding, California. Parties shall arrange their appearances through CourtCall.(Reader, L)

Nov. 16, 2020

Nov. 16, 2020

RECAP
63

ORDER signed by Magistrate Judge Dennis M. Cota on 12/2/2020 ORDERING that the parties shall exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26(a) by 12/9/2020. All non-expert discovery shall be completed and all motions pe rtaining to discovery shall be noticed to be heard by 11/9/2021. The parties shall exchange initial lists of expert witnesses no later than 11/23/2021 and lists of rebuttal experts no later than 12/14/2021. All expert discovery shall be completed and all motions pertaining to discovery shall be noticed to be heard by 1/24/2022. A Settlement Conference is SET for 1/27/2022 at 09:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. All dispositive motions shall be noticed to be heard by 2/28/2022. The pre-trial conference and trial dates will be set by separate order. (Kastilahn, A)

Dec. 2, 2020

Dec. 2, 2020

RECAP
68

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/8/2021 ORDERING that the parties to file supplemental briefing up to ten (10) pages each, Plaintiffs shall file their supplemental brief within seven (7) days, and defendants shall file theirs within seven (7) days of the filing of plaintiffs' brief. (Reader, L)

Jan. 11, 2021

Jan. 11, 2021

RECAP
75

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/10/2021 DENYING 19 Motion for Preliminary Injunction. (Reader, L)

March 10, 2021

March 10, 2021

RECAP
77

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 3/18/2021 EXTENDING the deadline for defendants to respond to the First Amended Complaint until the sooner of either 4/16/2021; or twenty-one (21) days after plaintiffs not ify defendants whether they intend to appeal the court's order denying plaintiffs' motion for preliminary injunction (ECF No. 75 ); and in the event that plaintiffs file a notice of appeal of the order denying the preliminary injunction motion, defendants' deadline to respond to the First Amended Complaint is extended until twenty-one (21) days after the appeal is resolved. (Becknal, R)

March 18, 2021

March 18, 2021

RECAP
79

ORDER signed by Chief District Judge Kimberly J. Mueller on 4/19/21 ORDERING that Plaintiffs are GRANTED leave to file their Second Amended Complaint within 10 days of the filing of this order. Defendants shall respond to Plaintiffs' Second Amended Complaint within 30 days of its filing. (Kastilahn, A)

April 19, 2021

April 19, 2021

RECAP

Case Details

State / Territory: California

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: July 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three California churches

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

California Department of Public Health, State

Mendocino County Public Health (Mendocino), County

Butte County Public Health (Butte), County

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Religious programs / policies

Discrimination-basis:

Religion discrimination