South Bay United Pentecostal v. Gavin Newsom

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.