Denver Bible Church, et al v. Azar, et al
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES, CHAD W. WOLF, in his official capacity as Acting Secretary, United States Department of Homeland Security, STEVEN T. MNUCHIN, in his official capacity as Secretary, United States Department of the Treasury, ALEX M. AZAR, II, in his official capacity as Secretary, United States Department of Health and Human Services and UNITED STATES DEPARTMENT OF THE TREASURY |
| ROBERT A. ENYART, JOEY RHOADS, COMMUNITY BAPTIST CHURCH and DENVER BIBLE CHURCH |
| COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, GOVERNOR JARED POLIS, in his official capacity as Governor, State of Colorado and JILL HUNSAKER RYAN, in her official capacity as Executive Director of the Colorado Department of Public Health and Environment |
| INTERFAITH ALLIANCE FOUNDATION, COVENANT NETWORK OF PRESBYTERIANS, EQUAL PARTNERS IN FAITH, RECONSTRUCTIONIST RABBINICAL ASSOCIATION, DISCIPLES JUSTICE ACTION NETWORK, CENTER FOR CONSTITUTIONAL JURISPRUDENCE, MARC IAN STEWART, KANSAS-OKLAHOMA CONFERENCE, UNITED CHURCH OF CHRIST, UNION FOR REFORM JUDAISM, NATIONAL COUNCIL OF THE CHURCHES OF CHRIST IN THE USA, DISCIPLES CENTER FOR PUBLIC WITNESS, CENTRAL CONFERENCE OF AMERICAN RABBIS, SOUTHWEST CONFERENCE OF THE UNITED CHURCH OF CHRIST, MEN OF REFORM JUDAISM, AMERICAN UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE and WOMEN OF REFORM JUDAISM |
| 20-1377 |
| October 16, 2020 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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| [10793016] Appellees' Response to Motion to Dismiss and Request for Lift of Stay and Other Relief filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Served on: 12/14/2020. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] --[Edited 12/14/2020 by AT to use correct event code for pleading filed with the court. ] RM [Entered: 12/14/2020 01:28 PM] |
[10792105] Order filed by Judges Hartz (dissenting), Matheson and Eid granting in part appellees' motion to dismiss and suspend/vacate briefing and oral argument as follows: 1) the 12/11/2020 deadline for filing supplemental briefs is suspended pending further order of the court; 2) the substantive briefing schedule in the State defendants appeal (No. 20-1377) and the plaintiffs cross-appeal (No. 20-1391) is suspended pending further order of the court; and the 12/15/2020 oral argument is vacated, subject to resetting. Response to the motion due on 12/14/2020 by 4:00 pm for Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Served on 12/09/2020. [20-1377, 20-1391] [Entered: 12/09/2020 02:58 PM]
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| [10791840] Motion filed by Appellants Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis to dismiss case. Served on: 12/08/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] WEK [Entered: 12/08/2020 05:52 PM] |
| [10791508] Calendar Acknowledgment Form filed by Center for Constitutional Jurisprudence in 20-1377. Served on 12/07/2020. Manner of Service: email. --[Edited 12/07/2020 by PJ to remove entry from 20-1391. ][20-1377] JCP [Entered: 12/07/2020 04:00 PM] |
| [10791419] Calendar Acknowledgment Form filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Served on 12/07/2020. Manner of Service: email. [20-1377] RM [Entered: 12/07/2020 12:57 PM] |
| [10790591] Entry of appearance filed by Mr. Lowell Sturgill, Jr. for Chad W. Wolf, HHS, United States Department of the Treasury, United States Department Of Homeland Security, and Steven T. Mnuchin. CERT. OF INTERESTED PARTIES: n. Served on 12/01/2020. Manner of Service: email. [20-1377] [Entered: 12/03/2020 08:51 AM] |
| [10789867] Appellees' objection to court order granting temporary stay without notice and response to state defendants' emergency motion for stay, filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Served on 10/29/2020. Manner of Service: email. Filed per court order of 12/1/2020 granting motion to file oversized response. [20-1377] [Entered: 12/01/2020 08:31 AM] |
| [10789982] Oral argument notice filed. This matter is set for oral argument on 12/15/2020 at 10:00 A.M. Mountain Time in Courtroom I. Oral arguments in December 2020 will be heard REMOTELY via video conference using Zoom for Government. COUNSEL WILL NOT REPORT TO THE COURTHOUSE. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must download, complete, and e-file the required oral argument form(s). [20-1377] [Entered: 12/01/2020 11:59 AM] |
| [10789865] Order filed by Clerk of the Court granting appellees' motion to file an oversized response. Served on 12/01/2020. Text only entry - no attachment. [20-1377] [Entered: 12/01/2020 08:24 AM] |
| [10790015] Entry of appearance submitted by Lowell V. Sturgill Jr. for Not Parties Mr. Alex M. Azar, II, HHS, Steven T. Mnuchin, United States Department of the Treasury, United States Department Of Homeland Security and Chad W. Wolf for court review. Certificate of Interested Parties: Yes. Served on 12/01/2020. Manner of Service: email. [20-1377] --[Edited 12/03/2020 by AT to remove PDF as pleading was filed on 12/3/2020.] LS [Entered: 12/01/2020 01:11 PM] |
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[10789805] Order filed by Judges Hartz, Matheson and Eid - parties shall file supplemental briefs (not to exceed 10 pages) by 12/11/2020 at 4:00 MST; granting both pending motions to become amici. This matter will be set for argument on 12/15/2020. See order for details. Served on 11/30/2020. [20-1377] [Entered: 11/30/2020 07:12 PM]
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| [10789806] Amicus Curiae brief on motion for stay filed by Center for Constitutional Jurisprudence. Served on 10/30/2020. Manner of Service: email. Filed per court order of 11/30/2020. [20-1377] [Entered: 11/30/2020 07:22 PM] |
| [10789807] Amici Curiae brief on motion for stay filed by American United for Separation of Church and State, Bend the Arc: A Jewish Partnership for Justice, Central Conference of American Rabbis, Covenant Network of Presbyterians, Disciples Center for Public Witness, Disciples Justice Action Network, Equal Partners in Faith, Interfaith Alliance Foundation, Kansas-Oklahoma Conference, United Church of Christ, Men of Reform Judaism, National Council of the Churches of Christ in the USA, Reconstructionist Rabbinical Association, Southwest Conference of the United Church of Christ, Doctor Marc Ian Stewart, Union for Reform Judaism and Women of Reform Judaism. Served on 10/26/2020. Manner of Service: email. Filed per court order of 11/30/2020. [20-1377] [Entered: 11/30/2020 07:24 PM] |
| [10783280] Cross-appeal schedule set. Issued on 11/03/2020. First brief on cross-appeal and appendix due 12/14/2020 for Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis [20-1377, 20-1391] [Entered: 11/03/2020 09:56 AM] |
| [10783508] Reply filed by Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis to State Defendants' Emergency Motion for Stay of Injunction Pending Appeal. Served on 11/03/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] WEK [Entered: 11/03/2020 05:48 PM] |
| This entry has been removed from the docket due to clerical error. The notice record complete was filed with the court on 10/30/2020. [AT] [10782943] . (Text Only - No Attachment) [20-1377] [Entered: 11/02/2020 09:04 AM] |
| [10782919] Ttranscript not necessary notice filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Transcript ordered: Served on: 11/02/2020. Manner of Service: email. [20-1377] --[Edited 11/02/2020 by AT to use correct event code.] RM [Entered: 11/02/2020 08:25 AM] |
| [10782737] Order filed by Clerk of the Court referring Appellees' Motion to File a Response Brief Exceeding Word Limitation filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads to the panel of judges that will later be assigned to consider the motion for stays (no ruling will issue at this time) [ # 10782572-2 ]. Served on 10/30/2020. Text only entry - no attachment. [20-1377] [Entered: 10/30/2020 12:56 PM] |
| [10782748] Entry of appearance filed by John C. Eastman and James Cleith Phillips for Center for Constitutional Jurisprudence. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2020. Manner of Service: email [20-1377] [Entered: 10/30/2020 01:17 PM] |
| [10782788] Filed notice record is complete. Served on 10/30/2020.Text only entry, no document attached. [20-1377] [Entered: 10/30/2020 02:45 PM] |
| [10782730] Motion submitted by Center for Constitutional Jurisprudence for leave to file an amicus brief. Served on: 10/30/2020 Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] JCP [Entered: 10/30/2020 12:24 PM] |
| [10782729] Entry of appearance submitted by James Cleith Phillips for Center for Constitutional Jurisprudence for court review. Certificate of Interested Parties: No. Served on 10/30/2020. Manner of Service: email.--[Edited 10/30/2020 by JJH to remove pdf as pleading filed 10/30/2020] [20-1377] JCP [Entered: 10/30/2020 12:20 PM] |
| [10782686] Entry of appearance submitted by W. Eric Kuhn, Corelle M. Spettigue, Ryan K. Lorch, Grant T. Sullivan for Appellants Jill Hunsaker Ryan, Jared Polis and Colorado Department of Public Health and Environment in 20-1377, Appellees Jill Hunsaker Ryan, Jared Polis and Colorado Department of Public Health and Environment in 20-1391 for court review. Certificate of Interested Parties: No. Served on 10/30/2020. Manner of Service: email.--[Edited 10/30/2020 by JJH to remove pdf as pleading filed 10/20/2020] [20-1377, 20-1391] WEK [Entered: 10/30/2020 10:28 AM] |
| [10782689] Docketing statement filed by Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis. Served on 10/30/2020. Manner of Service: email. [20-1377] WEK [Entered: 10/30/2020 10:30 AM] |
| [10782690] Notice received from Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis that a transcript is not necessary for this appeal. Served on: 10/30/2020. Manner of Service: email [20-1377] WEK [Entered: 10/30/2020 10:32 AM] |
| [10782702] Minute order filed - Notice due that record is complete by 11/06/2020 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [20-1377] [Entered: 10/30/2020 10:53 AM] |
| [10782725] Entry of appearance filed by William Eric Kuhn, Ryan K. Lorch, and Corelle Spettigue for Colorado Department of Public Health and Environment and Jill Hunsaker Ryan. Grant Sullivan for Jared Polis. CERT. OF INTERESTED PARTIES: n. Served on 10/30/2020. Manner of Service: email [20-1377, 20-1391] [Entered: 10/30/2020 12:14 PM] |
| [10782572] Appellees' Motion to File a Response Brief Exceeding Word Limitation filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Served on: 10/29/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377]--[Edited 10/30/2020 by AT to amend title of pleading filed with court. ] RM [Entered: 10/29/2020 06:47 PM] |
| [10781470] Entry of appearance filed by Mr. Richard Brian Katskee and Mr. Alexander Joseph Luchenitser for Union for Reform Judaism, Women of Reform Judaism, Interfaith Alliance Foundation, Central Conference of American Rabbis, Bend the Arc: A Jewish Partnership for Justice, Reconstructionist Rabbinical Association, Covenant Network of Presbyterians, Men of Reform Judaism, National Council of the Churches of Christ in the USA, Doctor Marc Ian Stewart, Southwest Conference of the United Church of Christ, Disciples Center for Public Witness, Disciples Justice Action Network, Equal Partners in Faith, American United for Separation of Church and State and Kansas-Oklahoma Conference, United Church of Christ. CERT. OF INTERESTED PARTIES: n. Served on 10/26/2020. Manner of Service: email [20-1377] [Entered: 10/27/2020 07:43 AM] |
| [10781593] Response filed by Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads to Motion to File Amicus Brief by Americans United et al.. Served on 10/27/2020. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] BB [Entered: 10/27/2020 10:51 AM] |
| [10781575] Corporate disclosure statement filed by Community Baptist Church and Denver Bible Church. [20-1377] RM [Entered: 10/27/2020 10:22 AM] |
| [10781709] Reply in Support of Motion submitted by 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; Disciples Center for Public Witness (see cover of reply for names of more amici) for leave to file an amicus brief. Served on: 10/27/2020 Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] [Edited to reflect proper relief-- Edited 10/27/2020 by NA] AJL [Entered: 10/27/2020 02:46 PM] |
| [10781443] Motion submitted by 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; Disciples Center for Public Witness (see cover of motion for more amici) for leave to file an amicus brief. Served on: 10/26/2020 Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] AJL [Entered: 10/26/2020 04:28 PM] |
| [10781457] Entry of appearance submitted by Alexander Joseph Luchenitser; Richard Brian Katskee for amici curiae 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 (see appearance form for more amici) for court review. Certificate of Interested Parties: No. Served on 10/26/2020. Manner of Service: email. [20-1377] [Edited to remove PDF as pleading has been filed-- Edited 10/27/2020 by NA] AJL [Entered: 10/26/2020 09:45 PM] |
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[10780861] Order filed by Judges Hartz, Matheson and Eid - Response to Emergency Motion for Stay of Injunction Pending Appeal due 10/29/2020 for Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads. Appellants may file a reply on or before 11/03/2020. To give the court adequate time to consider the motion for stay and response, the district court's order is temporarily stayed pending further order of the court. This temporary stay is solely for the benefit of the court's review process and has no bearing on the ultimate merits of the motion for stay. Appellants' motion for excess words is granted. Served on 10/22/2020. [20-1377] [Entered: 10/22/2020 05:11 PM]
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| [10780060] Entry of appearance submitted by Jon Bradley Bergford for Appellees Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads for court review. Certificate of Interested Parties: No. Served on 10/20/2020. Manner of Service: email. --[Edited 10/21/2020 by SDS to remove pdf from entry as the pleading has been filed] [20-1377] BB [Entered: 10/20/2020 05:24 PM] |
| [10780074] Entry of appearance filed by Brad Bergford for Denver Bible Church, Robert A. Enyart, Community Baptist Church and Joey Rhoads. CERT. OF INTERESTED PARTIES: n. Served on 10/20/2020. Manner of Service: email. [20-1377] [Entered: 10/21/2020 07:29 AM] |
| [10779200] Entry of appearance filed by Rebecca Messall for Denver Bible Church, Robert A. Enyart, Community Baptist Church and Joey Rhoads. CERT. OF INTERESTED PARTIES: n. Served on 10/19/2020. Manner of Service: email. [20-1377] [Entered: 10/19/2020 07:16 AM] |
| [10779584] Motion filed by Appellants Jared Polis, Jill Hunsaker Ryan and Colorado Department of Public Health and Environment to file an oversize brief 7508 words long. Served on: 10/19/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] WEK [Entered: 10/19/2020 04:42 PM] |
| [10779596] Motion filed by Appellants Jared Polis, Jill Hunsaker Ryan and Colorado Department of Public Health and Environment for stay of Preliminary Injunction. Served on: 10/19/2020. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [20-1377] WEK [Entered: 10/19/2020 04:58 PM] |
| [10779189] Entry of appearance submitted by Rebecca R. Messall for Appellees Community Baptist Church, Denver Bible Church, Robert A. Enyart and Joey Rhoads for court review. Certificate of Interested Parties: Yes. Served on 10/17/2020. Manner of Service: email. --[Edited 10/19/2020 by SDS to remove pdf from entry as the pleading has been filed] [20-1377] RM [Entered: 10/17/2020 08:33 AM] |
| [10778979] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/16/2020 Docketing statement, transcript order form and entry of appearance due 10/30/2020 for Colorado Department of Public Health and Environment, Jill Hunsaker Ryan and Jared Polis. Notice of appearance due on 10/30/2020 for Community Baptist Church, Denver Bible Church, Robert A. Enyart, and Joey Rhoads [20-1377] [Entered: 10/16/2020 11:35 AM] |
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