South Bay United Pentecostal v. Gavin Newsom ( 2020 )

FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 8 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SOUTH BAY UNITED PENTECOSTAL No. 20-55533
CHURCH, a California nonprofit
corporation; BISHOP ARTHUR HODGES D.C. No.
III, an individual, 3:20-cv-00865-BAS-AHG
Southern District of California,
Plaintiffs-Appellants, San Diego
v. ORDER
GAVIN NEWSOM, in his official capacity
as the Governor of California; et al.,
Defendants-Appellees.
Before: WARDLAW and CLIFTON, Circuit Judges, and HILLMAN,* District
Judge.
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
district court’s October 15, 2020 order denying the motion for injunctive relief
filed by South Bay United Pentecostal Church (South Bay), and remand to the
district court for further consideration of this matter.
*
The Honorable Timothy Hillman, United States District Judge for the
District of Massachusetts, sitting by designation.
South Bay’s emergency motion for an injunction pending appeal (ECF No.
96) is denied without prejudice.
IT IS SO ORDERED.
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