Abiding Place Ministries v. Wooten et al
Plaintiff Abiding Place Ministries sued Defendants Wilma J. Wooten, Public Health Officer for San Diego County, and the County of San Diego alleging that the "Order of the Health Officer and Emergency Regulations" was unconstitutional because the prohibition on religious gatherings was not narrowly tailored to achieve the government's interest of slowing transmission of COVID-19.
| Abiding Place Ministries |
| County of San Diego, Wilma J. Wooten, Does 1 Through 100, Xavier Becerra, Sonia Y. Angell and Gavin Newsom |
| Americans United for Separation of Church and State |
| 3:2020cv00683 |
| April 9, 2020 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| Allison H Goddard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 cv |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.
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| Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 6/3/2020 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 6/25/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 9/2/2020. (akr) |
Filing 58
ORDER Denying Plaintiff's Motion for Preliminary Injunction (ECF No. #24 ). Signed by Judge Cynthia Bashant on 6/4/20. (jmo)
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| Filing 57 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 6/3/2020 re #24 MOTION for Preliminary Injunction filed by Abiding Place Ministries. Court to issue order. (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney William Becker, Jeremiah Graham, Harmeet Dhillon, and Mark Meuser). (Defendant Attorney Todd Grabarsky, Lisa Plank, and Timothy White). (no document attached) (sxm) |
| Filing 56 NOTICE of Appearance by Todd Grabarsky on behalf of Sonia Y. Angell, Xavier Becerra, Gavin Newsom (Attachments: #1 Proof of Service)(Grabarsky, Todd)Attorney Todd Grabarsky added to party Sonia Y. Angell(pty:dft), Attorney Todd Grabarsky added to party Xavier Becerra(pty:dft), Attorney Todd Grabarsky added to party Gavin Newsom(pty:dft) (jmo). |
| Filing 55 SUR-REPLY - re #54 Order on Motion for Leave to File Document, #24 MOTION for Preliminary Injunction Sur-Reply in Opposition to Plaintiffs Motion for Preliminary Injunction filed by Sonia Y. Angell, Xavier Becerra, Gavin Newsom. (Attachments: #1 Declaration of Lisa J. Plank, #2 Exhibit A to Declaration of Lisa J. Plank, #3 Exhibit B to Declaration of Lisa J. Plank, #4 Proof of Service)(Plank, Lisa) (jmo). |
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Filing 54
ORDER Granting Exparte Motion for Leave to File Sur-Reply (ECF No. #51 ). State Defendants may file a sur-reply, not to exceed five pages on or before 6/2/2020 at 11:00 a.m. Signed by Judge Cynthia Bashant on 6/1/20. (jmo)
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| Filing 53 NOTICE of Supplemental Authority No. 2 by County of San Diego re #42 Response in Opposition to Motion (Attachments: #1 Exhibit 1, #2 Proof of Service)(White, Timothy) (jmo). |
| Filing 52 CERTIFICATE OF SERVICE by Sonia Y. Angell, Xavier Becerra, Gavin Newsom re #51 Ex Parte MOTION for Leave to File a Sur-Reply in Opposition to Plaintiffs Motion for Preliminary Injunction; Memorandum of Points and Authorities (Plank, Lisa) (jmo). |
| Filing 51 Ex Parte MOTION for Leave to File a Sur-Reply in Opposition to Plaintiffs Motion for Preliminary Injunction; Memorandum of Points and Authorities by Sonia Y. Angell, Xavier Becerra, Gavin Newsom. (Attachments: #1 Declaration of Lisa Plank, #2 Exhibit A to Declaration of Lisa Plank, #3 Exhibit B to Declaration of Lisa Plank, #4 Exhibit C to Declaration of Lisa Plank)(Plank, Lisa) (jmo). |
| Filing 50 NOTICE of Supplemental Authority by County of San Diego re #42 Response in Opposition to Motion (Attachments: #1 Exhibit, #2 Proof of Service)(White, Timothy) (jmo). |
| Filing 49 NOTICE of Withdrawal of Documents by Abiding Place Ministries re #47 Reply to Response to Motion (Becker, William) (jmo). |
| Filing 48 REPLY to Response to Motion re #24 MOTION for Preliminary Injunction with corrected exhibits filed by Abiding Place Ministries. (Attachments: #1 Exhibit A, #2 Exhibit B)(Becker, William) (sjt). |
| Filing 47 **DOCUMENT WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENTS #49 ** REPLY to Response to Motion re #24 MOTION for Preliminary Injunction filed by Abiding Place Ministries. (Attachments: #1 Exhibit A, #2 Exhibit B)(Becker, William) (QC mailer sent re: document to be withdrawn)(sjt). Modified on 5/27/2020 (jmo). |
| Filing 46 RESPONSE in Opposition re #24 MOTION for Preliminary Injunction State Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction filed by Sonia Y. Angell, Xavier Becerra, Gavin Newsom. (Attachments: #1 Declaration of Lisa Plank w/ Exhibits 1-7)(Plank, Lisa) (jmo). |
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Filing 45
ORDER Approving the Pro Hac Vice Application of Alex Luchenitser, re #35 Request to Appear Pro Hac Vice. Signed by Judge Cynthia Bashant on 5/18/2020.(rmc)
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Filing 44
ORDER Approving the Pro Hac Vice Application of Richard Katskee, re #37 Request to Appear Pro Hac Vice. Signed by Judge Cynthia Bashant on 5/18/2020.(rmc)
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Filing 43
ORDER Approving the Pro Hac Vice Application of Alexander Gouzoules, re #36 Request to Appear Pro Hac Vice. Signed by Judge Cynthia Bashant on 5/18/2020.(rmc)
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| Filing 42 RESPONSE in Opposition re #24 MOTION for Preliminary Injunction filed by County of San Diego. (Attachments: #1 Request for Judicial Notice, #2 Proof of Service)(White, Timothy) (jmo). |
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Filing 41
ORDER Granting Ex Parte Motion to File Amicus Curiae Brief (ECF No. #38 ). Signed by Judge Cynthia Bashant on 5/18/20. (jmo)
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| Filing 40 NOTICE of Appearance by Lisa J. Plank on behalf of Sonia Y. Angell, Xavier Becerra, Gavin Newsom (Attachments: #1 Proof of Service)(Plank, Lisa)Attorney Lisa J. Plank added to party Sonia Y. 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). |
| Filing 39 Corporate Disclosure Statement by Americans United for Separation of Church and State. No Corporate Parents/Interested Parties. (Burns, Sarah) (jmo). |
| Filing 38 Ex Parte MOTION Leave to file Amicus Curiae Brief in Opposition to Plaintiff's Motion for Preliminary Injunction and in Support of Defendants by Americans United for Separation of Church and State. (Attachments: #1 Memo of Points and Authorities Brief of Amicus Curiea Americans United for Separation of Church and State in Opposition to Plaintiffs Motion for Preliminary Injunction and Support of Defendants)(Burns, Sarah)Attorney Sarah E. Burns added to party Americans United for Separation of Church and State(pty:am) (jmo). |
| Filing 37 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13877665.) (Application to be reviewed by Clerk.) (Katskee, Richard) (rmc). |
| Filing 36 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13877608.) (Application to be reviewed by Clerk.) (Gouzoules, Alexander) (rmc). |
| Filing 35 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13877495.) (Application to be reviewed by Clerk.) (Luchenitser, Alex) (rmc). |
| Filing 34 ANSWER to #22 Amended Complaint, by County of San Diego. (Attachments: #1 Proof of Service)(White, Timothy) (jmo). |
| Filing 33 NOTICE OF RELATED CASE(S) by County of San Diego of case(s) 20cv873 Notice of Related Case Filing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proof of Service)(White, Timothy) (jmo). |
| Filing 32 NOTICE OF WITHDRAWAL OF DOCUMENT by County of San Diego re #31 Notice (Other) filed by County of San Diego, #30 Notice of Related Case, filed by County of San Diego . (Attachments: #1 Proof of Service)(Bunton, Thomas) (jmo). |
| Filing 31 **DOCUMENT WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #32 ** NOTICE Supplement to Notice of Related Cases by County of San Diego re #30 Notice of Related Case (Attachments: #1 Exhibit 1, #2 Proof of Service)(Bunton, Thomas) Modified on 5/14/2020 to withdraw document (jmo). |
| Filing 30 **WITHDRAWN BY FILER PER NOTICE OF WITHDRAWAL OF DOCUMENT #32 ** NOTICE OF RELATED CASE(S) by County of San Diego of case(s) 20cv873 20cv865. (Attachments: #1 Proof of Service)(Bunton, Thomas) (jmo). **QC mailer re: filed in wrong case and incorrectly captioned. Instructed to withdrawal and refile correctly. Modified on 5/14/2020 to withdraw document (jmo). |
| Filing 29 NOTICE of Filing Notice of Related Case by County of San Diego (Attachments: #1 Exhibit 1, #2 Proof of Service)(White, Timothy)(jmo). |
| Filing 28 WAIVER OF SERVICE Returned Executed by Abiding Place Ministries, as to Sonia Y. Angell. (Dhillon, Harmeet) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Abiding Place Ministries, as to Xavier Becerra. (Dhillon, Harmeet) |
| Filing 26 WAIVER OF SERVICE Returned Executed by Abiding Place Ministries, as to Gavin Newsom. (Dhillon, Harmeet) |
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Filing 25
ORDER Setting Telephonic Oral Argument (ECF No. #24 ). Telephonic oral argument set for 6/3/20 at 1:30 p.m. Defendants opposition to the motion due by 5/18/2020. Plaintiff's reply due by 5/25/2020. Signed by Judge Cynthia Bashant on 5/4/20.(jmo) (dlg).
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| Filing 24 MOTION for Preliminary Injunction by Abiding Place Ministries. (Attachments: #1 Declaration Spitsbergen, #2 Declaration Graham)(Becker, William) (jmo). |
| Filing 23 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. (jmo) |
| Filing 22 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Abiding Place Ministries. (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)New Summons Requested. (Becker, William) (jmo). |
| Filing 21 NOTICE of Appearance by Mark Philip Meuser on behalf of Abiding Place Ministries (Meuser, Mark)Attorney Mark Philip Meuser added to party Abiding Place Ministries(pty:pla) (jmo). |
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Filing 20
ORDER Denying Plaintiff's Ex Parte Motion for Order Shortening Time to Hear Motion for Preliminary Injunction (ECF No. #16 ). Signed by Judge Cynthia Bashant on 4/24/20. (jmo) (dlg).
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| Filing 19 RESPONSE in Opposition re #16 MOTION to Expedite Hearing on Motion for Preliminary Injunction filed by County of San Diego, Wilma J. Wooten. (Attachments: #1 Declaration of Timothy M. White in Opposition, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Proof of Service)(White, Timothy) (jmo). |
| Filing 18 NOTICE of Change of Law Firm Affiliation by Abiding Place Ministries (Graham, Jeremiah) **QC MAILER sent re changing address through pacer on 4/27/2020** (jmo). |
| Filing 17 DECLARATION re #16 MOTION to Expedite Hearing on Motion for Preliminary Injunction Declaration of Timothy M. White Re: Defendants' Intent to Oppose Plaintiff's Ex Parte Application for Order Shortening Time to Hear Motion for Preliminary Injunction by Defendants County of San Diego, Wilma J. Wooten. (Attachments: #1 Proof of Service)(White, Timothy) (jmo). |
| Filing 16 MOTION to Expedite Hearing on Motion for Preliminary Injunction by Abiding Place Ministries. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of William J Becker Jr, #3 Exhibit A to Becker Decl.)(Becker, William) (jmo). |
| Filing 15 NOTICE Defendants' Supplemental Status Update by County of San Diego, Wilma J. Wooten re #9 Status Report Order (Attachments: #1 Proof of Service)(White, Timothy) (jmo). |
| Filing 14 NOTICE Joint Status Update by County of San Diego, Wilma J. Wooten re #9 Status Report Order (Attachments: #1 Proof of Service)(White, Timothy) (jmo). |
| Filing 13 NOTICE of Appearance by Harmeet K. Dhillon on behalf of Abiding Place Ministries (Dhillon, Harmeet)Attorney Harmeet K. Dhillon added to party Abiding Place Ministries(pty:pla) (jmo). |
| Filing 12 NOTICE of Appearance by William Joseph Becker, Jr on behalf of Abiding Place Ministries (Becker, William)Attorney William Joseph Becker, Jr added to party Abiding Place Ministries(pty:pla) (jmo). |
| Filing 11 NOTICE of Association of Counsel by Abiding Place Ministries (Graham, Jeremiah) **QC Mailer sent. Parties must file from their own electronic filing accounts on 4/20/2020. Request filer to withdraw document (jmo). |
| Filing 10 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 4/10/2020 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 5/4/2020. Redacted Transcript Deadline set for 5/14/2020. Release of Transcript Restriction set for 7/13/2020. (akr) |
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Filing 9
Order Requesting Status Update. Joint notice due by 4/20/2020. Signed by Judge Cynthia Bashant on 4/13/20.(jmo) (dlg).
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| Filing 8 Minute Entry for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 4/10/2020 telephonically. Court denies #2 MOTION for Temporary Restraining Order filed by Abiding Place Ministries. (Court Reporter/ECR Dana Peabody). (Plaintiff Attorney Jeremiah Graham). (Defendant Attorney Thomas Montgomery). (no document attached) (sxm) |
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Filing 7
ORDER denying #2 Motion for TRO. For the reasons stated in the telephonic hearing, TRO is denied. Signed by Judge Cynthia Bashant on 4/10/2020. (no document attached) (sxm)
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| Filing 6 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order filed by County of San Diego, Wilma J. Wooten. (Attachments: #1 Declaration of Timothy White, #2 Declaration of Wilma Wooten, M.D., M.P.H, #3 Declaration of Sergeant William Uelen, #4 Proof of Service)(White, Timothy) (jmo). |
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Filing 5
ORDER Setting Telephonic Hearing (ECF No. #2 ). The court sets a telephonic oral argument on Plaintiff's Motion for 4/10/2020 at 01:35 PM before Judge Cynthia Bashant. Signed by Judge Cynthia Bashant on 4/9/20.(jmo) Modified on 4/9/2020 (jmo) (dlg).
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| Filing 4 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. (jmr) (jms). |
| Filing 3 NOTICE of Party With Financial Interest by Abiding Place Ministries. Identifying Other Affiliate Mark Spitsbergen for Abiding Place Ministries. (jmr) (jms). |
| Filing 2 MOTION for Temporary Restraining Order by Abiding Place Ministries. (Attachments: #1 Memo of Points and Authorities Memorandum Support Motion for TRO)(jmr) (jms). |
| Filing 1 COMPLAINT with Jury Demand against County of San Diego, Does 1 Through 100, Wilma J. Wooten ( Filing fee $ 400 receipt number ACASDC-13725657.), filed by Abiding Place Ministries. (Attachments: #1 Civil Cover Sheet, #2 Verification of Complaint, #3 Exhibit 1 - the Order, #4 Exhibit 2 - Essential Businesses, #5 Exhibit 3 - First Written Proposal, #6 Exhibit 4 - Second Written Proposal, #7 Exhibit 5 - Third Written Proposal, #8 Exhibit 6 - First Letter from Public Health Officer, #9 Exhibit 7 - Letter to Public Health Officer, #10 Exhibit 8 - Second Letter from Public Health Officer, #11 Declaration Of Actual and Attempted Notice re: Motion for TRO)The new case number is 3:20-cv-683-BAS-AHG. Judge Cynthia Bashant and Magistrate Judge Allison H. Goddard are assigned to the case. (Graham, Jeremiah)(jmr) (jms). |
| Filing 1 COMPLAINT with Jury Demand against County of San Diego, Does 1 Through 100, Wilma J. Wooten ( Filing fee $ 400 receipt number ACASDC-13725657.), filed by Abiding Place Ministries. (Attachments: # 1 Civil Cover Sheet, # 2 Verification of Complaint, # 3 Exhibit 1 - the Order, # 4 Exhibit 2 - Essential Businesses, # 5 Exhibit 3 - First Written Proposal, # 6 Exhibit 4 - Second Written Proposal, # 7 Exhibit 5 - Third Written Proposal, # 8 Exhibit 6 - First Letter from Public Health Officer, # 9 Exhibit 7 - Letter to Public Health Officer, # 10 Exhibit 8 - Second Letter from Public Health Officer, # 11 Declaration Of Actual and Attempted Notice re: Motion for TRO)The new case number is 3:20-cv-683-BAS-AHG. Judge Cynthia Bashant and Magistrate Judge Allison H. Goddard are assigned to the case. (Graham, Jeremiah)(jmr) |
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