Harvest Rock Church, Inc., et al v. Gavin Newsom
Original Case: 2:20-cv-06414
| Ninth Circuit U.S. Court of Appeals | |
| Case #: | 0:20-cv-56357 |
| Type | civil / private |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Case Filed: | Dec 22, 2020 |
| Terminated: | May 19, 2021 |
| Last checked: Friday May 21, 2021 1:32 AM PDT |
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Amicus Curiae
THE BECKET FUND FOR RELIGIOUS LIBERTY
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Represented By
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Amicus Curiae - Pending
AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE, CENTRAL CONFERENCE OF AMERICAN RABBIS, COVENANT NETWORK OF PRESBYTERIANS, INTERFAITH ALLIANCE FOUNDATION, MEN OF REFORM JUDAISM, METHODIST FEDERATION FOR S
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Represented By
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Defendant - Appellee
GAVIN NEWSOM, in his official capacity as Governor of the State of California
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Represented By
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Plaintiff - Appellant
HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California
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Represented By
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Plaintiff - Appellant
HARVEST INTERNATIONAL MINISTRY, INC., itself and on behalf of its member churches in California
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Represented By
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GPO
Dec 23 2020
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Partial Concurrence and Partial Dissent by Judge Oâ??SCANNLAIN) The court has received appellantsâ?? emergency motion for injunction pending appeal. The response to the motion is due at 9:00 a.m. Pacific Time on December 28, 2020. The optional reply in support of the motion is due at 9:00 a.m. Pacific Time on December 29, 2020. [11944660] |
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GPO
Jan 25 2021
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Concurrence by Judge O'Scannlain; Concurrence by Judge Christen) In light of our courtâ??s recent opinion in South Bay United Pentecostal Church v. Newsom, No. 20-56358 (9th Cir. Jan. 22, 2021), Appellantsâ?? emergency motion for an injunction pending appeal is GRANTED in part and DENIED in part, without prejudice to renewing the request before the merits panel in this case. The State of California is enjoined from enforcing the following policies against Harvest Rock Church or its member churches pending resolution of the appeal in this case: (1) the fixed 100-person attendance limit on indoor places of worship under Tier 2 of the Stateâ??s Blueprint for a Safer Economy; and (2) the fixed 200-person attendance limit on indoor places of worship under Tier 3 of the Blueprint. This injunction does not prevent the State from enforcing the following policies against Harvest Rock or its member churches pending resolution of the appeal in this case: (1) the total prohibitions against indoor worship under Tier 1 of the Blueprint and the December 3 Regional Stay at Home Order; (2) the limitations on attendance at indoor worship services under Tiers 2, 3, and 4 of the Blueprint that are tied to a percentage of a facilityâ??s fire-code capacity; and (3) the Stateâ??s restrictions on singing and chanting at indoor worship services. IT IS SO ORDERED. [11979399]--[Edited (typo corrected) 01/26/2021 by AKM] |
| Docket last updated: 05/21/2021 1:29 AM PDT |
| Tuesday, December 22, 2020 | ||
| 1 | 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. [11936246] (RT) [Entered: 12/22/2020 08:48 AM] | |
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Att: 1
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Docketing Letter
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Att: 2
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Notice to All Parties and Counsel
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Att: 3
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Mediation Letter
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Att: 4
2 pgs
Mediation Questionnaire
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Att: 5
22 pgs
Case Opening Packet
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Filed clerk order (Deputy Clerk: AC): The appeal filed December 21, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 19, 2021; the answering brief is due February 16, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11936419] (OC) [Entered: 12/22/2020 09:58 AM]
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| 3 | 3 Filed (ECF) Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. EMERGENCY Motion for injunction pending appeal. Date of service: 12/22/2020. [11937643] 20-56357 (Schmid, Daniel) [Entered: 12/22/2020 06:27 PM] | |
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Att: 1
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Emergency Motion for Injunction Pending Appeal
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Att: 2
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Exhibit 1 - Order Denying Motion for Injunction Pending Appeal
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Att: 3
14 pgs
Exhibit 2 - Order Denying Motion for Temporary Restraining Order and Preliminary
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Att: 4
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Exhibit 3 - Notice of Appeal
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Att: 5
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Exhibit 4 - Verified Complaint and Exhibits
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Att: 6
9 pgs
Exhibit 5 - First Declaration of Che Ahn
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Att: 7
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Exhibit 6 - Second Declaration of Che Ahn
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Att: 8
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Exhibit 7 - Third Declaration of Che Ahn
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Att: 9
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Exhibit 8 - Parties Joint Statement on Initial Appeal
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