Wendy Gish, et al v. Gavin Newsom, et al
| ROBERT LOVINGGOOD, in his official capacity as a San Bernardino County Supervisor, KAREN SPIEGEL, in her official capacity as a Riverside County Supervisor, JANICE RUTHERFORD, in her official capacity as a San Bernardino County Supervisor, V. MANUEL PEREZ, in his official capacity as a Riverside County Supervisor, KEVIN JEFFRIES, in his official capacity as a Riverside County Supervisor, GAVIN NEWSOM, in his official capacity as the Governor of California, CHUCK WASHINGTON, in his official capacity as a Riverside County Supervisor, XAVIER BECERRA, in his official capacity as the Attorney General of California, JOHN MCMAHON, in his official capacity as the San Bernardino County Sheriff, CURT HAGMAN, in his official capacity as a San Bernardino County Supervisor, ERIN GUSTAFSON, in her official capacity as the San Bernardino County Acting Public Health Officer, GEORGE JOHNSON, in his official capacity as the Riverside County Executive Officer and Director of Emergency Services, CAMERON KAISER, in his official capacity as the Riverside County Public Health Officer, JOSIE GONZALES, in his official capacity as a San Bernardino County Supervisor, JEFF HEWITT, in his official capacity as a Riverside County Supervisor, CHAD BIANCO, in his official capacity as a Riverside County Sheriff, DAWN ROWE, in her official capacity as a San Bernardino County Supervisor and COUNTY OF SAN BERNARDINO |
| BRENDA WOOD, WENDY GISH, PATRICK SCALES and JAMES DEAN MOFFATT |
| AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE, CENTRAL CONFERENCE OF AMERICAN RABBIS; INTERFAITH ALLIANCE FOUNDATION; MEN OF REFORM JUDAISM; NATIONAL COUNCIL OF THE CHURCHES OF CHRIST IN THE USA; RECONSTRUCTING JUDAISM; RECONSTRUCTIONIST RABBINICAL and FREEDOM FROM RELIGION FOUNDATION |
| 20-55445 |
| April 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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 WENDY GISH V. GAVIN NEWSOM
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WENDY GISH V. GAVIN NEWSOM
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Docket Report
RSS Track this Docket
This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
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Filing 146
Supreme Court Case Info Case number: 20A120 Filed on: 02/08/2021 Cert Petition Action 1: Granted, 02/08/2021 Ruling: Vacated/Remanded, 02/08/2021 Judgment Date: 03/12/2021 [12040384] [20-55445, 20-56324] (RR) [Entered: 03/15/2021 06:45 AM]
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Filing 145
MANDATE ISSUED.(KMW, RRC and TH) [12016453] [20-55445, 20-56324] (JFF) [Entered: 02/25/2021 10:06 AM]
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Filing 144
Added Attorney(s) Ronald D. Coleman for party(s) Appellant James Dean Moffatt Appellant Patrick Scales Appellant Brenda Wood Appellant Wendy Gish, in case 20-56324 Attorney(s) Ronald D. Coleman for party(s) Appellant James Dean Moffatt Appellant Patrick Scales Appellant Brenda Wood Appellant Wendy Gish, in case 20-55445. [12008396] [20-55445, 20-56324] (JFF) [Entered: 02/18/2021 01:15 PM]
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Filing 143
Filed (ECF) notice of appearance of Ronald David Coleman (Dhillon Law Group Inc., 177 Post Street, Suite 700, San Francisco, CA 94108) for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445. Date of service: 02/18/2021. (Party was previously proceeding with counsel.) [12008315] [20-56324, 20-55445] (Coleman, Ronald) [Entered: 02/18/2021 12:30 PM]
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Filing 142
Order filed for PUBLICATION (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN) Pursuant to the order of the United States Supreme Court dated February 8, 2021, the case is remanded to the district court for further proceedings consistent with South Bay United Pentecostal Church v. Newsom, 592 U.S. ___ (2021). The motion to voluntarily dismiss the appeal in Case No. 20-55445 pursuant to Federal Rule of Appellate Procedure 42(b) is granted. The four motions to take judicial notice in Case No. 20-55445 and the two motions to take judicial notice in Case No. 20-56324 are dismissed as moot. IT IS SO ORDERED. [12006450] [20-55445, 20-56324]--[Edited (attached reformatted slip op) 02/22/2021 by AKM] (AKM) [Entered: 02/17/2021 11:34 AM]
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Filing 141
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445 citation of supplemental authorities. Date of service: 02/12/2021. [12002970] [20-56324, 20-55445] (Dhillon, Harmeet) [Entered: 02/12/2021 05:01 PM]
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Filing 140
Supreme Court Case Info Case number: 20A120 Filed on: 02/08/2021 Cert Petition Action 1: Granted, 02/08/2021 Ruling: Vacated/Remanded, 02/08/2021 Judgment Date: 02/08/2021 [11996606] [20-55445, 20-56324] (RR) [Entered: 02/08/2021 03:46 PM]
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Filing 139
Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [11969004] [20-55445, 20-56324] (BG) [Entered: 01/20/2021 07:41 AM]
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Filing 138
ARGUED AND SUBMITTED TO KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN. [11966310] [20-55445, 20-56324] (BG) [Entered: 01/15/2021 03:18 PM]
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Filing 137
Received 6 paper copies of Reply Brief [ # 134 ] filed by Appellants. (sent to panel) [11961224] [20-55445, 20-56324] (SD) [Entered: 01/12/2021 03:13 PM]
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Filing 136
Received 6 paper copies of Answering Brief [ # 121 ] filed by Chad Bianco, et al. (sent to panel). [11960743] [20-55445, 20-56324] (SD) [Entered: 01/12/2021 11:49 AM]
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Filing 135
Filed clerk order: The reply brief [ # 134 ] submitted by appellants is filed. Appellants are ordered to file 6 copies of the brief in paper format, with gray covers, for delivery to the Court by 12:00 p.m. Pacific Time Wednesday, January 13, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A review of the Court's docket reflects that appellees, Chad Bianco, et al., have not filed the paper copies of the answering brief [ # 121 ] as directed by the Court's order filed on January 8, 2021 [ # 128 ]. Appellees Chad Bianco, et al. are ordered to file 6 copies of the brief in paper format, with red covers, for delivery to the Court by 12:00 p.m. Pacific Time Wednesday, January 13, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The paper copies shall be submitted to the principal office of the Clerk. [11960471] [20-55445, 20-56324] (KT) [Entered: 01/12/2021 10:35 AM]
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Filing 134
Submitted (ECF) Reply Brief for review. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-55445, 20-56324. Date of service: 01/11/2021. [11960444] [20-55445, 20-56324]--[COURT ENTERED FILING to correct entry [133].] (KT) [Entered: 01/12/2021 10:26 AM]
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Filing 133
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 134 ]. Original Text: Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445 reply to response (). Date of service: 01/11/2021. [11959814] [20-56324, 20-55445] (Dhillon, Harmeet) [Entered: 01/11/2021 05:06 PM]
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Filing 132
Received 6 paper copies of Answering Brief [ # 125 ] filed by Xavier Becerra and Gavin Newsom. (sent to panel) [11959534] [20-56324, 20-55445] (SD) [Entered: 01/11/2021 03:30 PM]
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Filing 131
Received 6 paper copies of Answering Brief [ # 122 ] filed by County of San Bernardino, et al. (sent to panel) [11957352] [20-55445, 20-56324] (SD) [Entered: 01/08/2021 02:22 PM]
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Filing 130
Received 3 paper copies of supplemental excerpts of record [ # 123 ] in 1 volume(s) filed by Appellees County of San Bernardino, et al. (sent to panel) [11956841] [20-55445, 20-56324] (LA) [Entered: 01/08/2021 10:57 AM]
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Filing 129
Filed clerk order: The answering brief [ # 125 ] submitted by Xavier Becerra and Gavin Newsom is filed. Appellees are ordered to file 6 copies of the brief in paper format, with red covers, for delivery to the Court by 12:00 p.m. Pacific Time Monday, January 11, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The paper copies shall be submitted to the principal office of the Clerk. [11956587] [20-55445, 20-56324] (KT) [Entered: 01/08/2021 09:11 AM]
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Filing 128
Filed clerk order: The answering brief [ # 121 ] submitted by Chad Bianco, et al. is filed. Appellees are ordered to file 6 copies of the brief in paper format, with red covers, for delivery to the Court by 12:00 p.m. Pacific Time Monday, January 11, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The paper copies shall be submitted to the principal office of the Clerk. [11956582] [20-55445, 20-56324] (KT) [Entered: 01/08/2021 09:08 AM]
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Filing 127
Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington in 20-56324, 20-55445 Motion to take judicial notice of The May 9, 2020 Order of the Health Officer for the County of Riverside and Order of the County Executive Officer as Director of Emergency Services Rescinding Public Health orders for April 2, 2020 and April 29, 2020, respectively.. Date of service: 01/07/2021. [11956325] [20-56324, 20-55445] (Patel, Ronak) [Entered: 01/07/2021 04:51 PM]
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Filing 126
COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 121 ]. Original Text: Submitted (ECF) Answering Brief for review. Submitted by Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, Karen Spiegel, Chuck Washington and V. Manuel Perez in 20-56324, 20-55445. Date of service: 01/07/2021. [11956308] [20-56324, 20-55445] (Patel, Ronak) [Entered: 01/07/2021 04:43 PM]
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Filing 125
Submitted (ECF) Answering Brief for review. Submitted by Appellees Xavier Becerra and Gavin Newsom in 20-56324, 20-55445. Date of service: 01/07/2021. [11956302] [20-56324, 20-55445] (Grabarsky, Todd) [Entered: 01/07/2021 04:41 PM]
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Filing 124
Filed clerk order: The answering brief [ # 122 ] submitted by County of San Bernardino, et al. is filed. Appellees are ordered to file 6 copies of the brief in paper format, with red covers, for delivery to the Court by 12:00 p.m. Pacific Time tomorrow, January 8, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The supplemental excerpts of record [ # 123 ] submitted by County of San Bernardino, et al. are filed. Appellees ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 12:00 p.m. Pacific Time tomorrow, January 8, 2021. The paper copies shall be submitted to the principal office of the Clerk. [11956182] [20-55445, 20-56324] (KT) [Entered: 01/07/2021 03:59 PM]
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Filing 123
Submitted (ECF) supplemental excerpts of record. Submitted by Appellees County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford in 20-55445, 20-56324. Date of service: 01/07/2020. [11956171] [20-55445, 20-56324]--[COURT ENTERED FILING to correct entry [120].] (KT) [Entered: 01/07/2021 03:51 PM]
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Filing 122
Submitted (ECF) Answering Brief for review. Submitted by Appellees County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford in 20-55445, 20-56324. Date of service: 01/07/2020. [11956165] [20-55445, 20-56324]--[COURT ENTERED FILING to correct entry [120].] (KT) [Entered: 01/07/2021 03:49 PM]
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Filing 121
Submitted (ECF) Answering Brief for review. Submitted by Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Chuck Washington and Karen Spiegel in 20-56324, 20-55445. Date of service: 01/07/2021. [11956069] [20-56324, 20-55445]--[COURT UPDATE: attached corrected PDF of answering brief, removed PDF of motion to take judicial notice, re-filed correctly in entry [ # 127 ]. 01/08/2021 by KT] (Patel, Ronak) [Entered: 01/07/2021 03:15 PM]
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Filing 120
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 122 ], [ # 123 ]. Original Text: Filed (ECF) Appellees Erin Gustafson, Curt Hagman, John McMahon, Dawn Rowe, Janice Rutherford and County of San Bernardino in 20-56324, 20-55445 answer to Miscellaneous petition. Date of service: 01/07/2021. [11955986] [20-56324, 20-55445] (Fox, Deborah) [Entered: 01/07/2021 02:38 PM]
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Filing 119
Received 6 paper copies of Opening Brief [ # 113 ] filed by Appellants.(sent to panel) [11954303] [20-55445, 20-56324] (SD) [Entered: 01/06/2021 12:00 PM]
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Filing 118
Received 3 paper copies of excerpts of record [ # 114 ] in 6 volume(s) and index volume filed by Appellants. (sent to panel) [11954282] [20-55445, 20-56324] (LA) [Entered: 01/06/2021 11:51 AM]
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Filing 117
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-55445, 20-56324 Motion to dismiss case voluntarily pursuant to FRAP 42(b). Date of service: 01/05/2021. [11953559] [20-55445, 20-56324] (Dhillon, Harmeet) [Entered: 01/05/2021 04:58 PM]
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Filing 116
Deleted Incorrect Entry ****** (KT) [Entered: 01/05/2021 11:17 AM]
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Filing 115
Filed clerk order: The opening brief [ # 113 ] in No. 20-56324 submitted by appellants is filed. Appellants are ordered to file 6 copies of the brief in paper format, with blue covers, for delivery to the Court by 12:00 p.m. Pacific Time tomorrow, January 6, 2021, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The excerpts of record [ # 114 ] submitted by appellants are filed. Appellants ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 12:00 p.m. Pacific Time tomorrow, January 6, 2021. The paper copies shall be submitted to the principal office of the Clerk. [11952605] [20-55445, 20-56324] (LA) [Entered: 01/05/2021 11:08 AM]
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Filing 114
Submitted (ECF) excerpts of record. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445. Date of service: 01/05/2021. [11952548] [20-56324, 20-55445]--[COURT UPDATE: Backdated entry to original submission date. 01/05/2021 by LA] (Dhillon, Harmeet) [Entered: 01/05/2021 10:43 AM]
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Filing 113
Submitted (ECF) Opening Brief for review. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445. Date of service: 01/05/2021. [11952522] [20-56324, 20-55445]--[COURT UPDATE: Backdated entry to original submission date. 01/05/2021 by LA] (Dhillon, Harmeet) [Entered: 01/05/2021 10:32 AM]
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Filing 112
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-55445, 20-56324 Motion to take judicial notice. Date of service: 12/31/2020. [11950392] [20-55445, 20-56324] --[COURT ENTERED FILING. Originally filed in case 20-56324 only.] (TYL) [Entered: 01/04/2021 08:45 AM]
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Filing 111
Added Attorney(s) Gregory Richard Michael for party(s) Appellant James Dean Moffatt Appellant Patrick Scales Appellant Brenda Wood Appellant Wendy Gish, in case 20-56324 Attorney(s) Gregory Richard Michael for party(s) Appellant James Dean Moffatt Appellant Patrick Scales Appellant Brenda Wood Appellant Wendy Gish, in case 20-55445. [11947971] [20-55445, 20-56324] (JFF) [Entered: 12/29/2020 04:14 PM]
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Filing 110
Filed (ECF) notice of appearance of Gregory Richard Michael (Michael Yamamoto LLP, 1400 Shattuck Ave., #412, Berkeley, CA 94709) for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-56324, 20-55445. Date of service: 12/29/2020. (Party was previously proceeding with counsel.) [11947954] [20-56324, 20-55445] (Michael, Gregory) [Entered: 12/29/2020 04:09 PM]
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Filing 109
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Ronak N. Patel for Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington in 20-56324, Attorney Mr. Ronak N. Patel for Appellees Cameron Kaiser, George Johnson, Chad Bianco, Kevin Jeffries, Karen Spiegel, Chuck Washington, V. Manuel Perez and Jeff Hewitt in 20-55445. Hearing in Pasadena on 01/15/2021 at 2:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/28/2020. [11946562] [20-56324, 20-55445] (Patel, Ronak) [Entered: 12/28/2020 04:15 PM]
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Filing 108
Filed (ECF) Acknowledgment of hearing notice by Attorney Deborah J. Fox, Esquire for Appellees County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford in 20-56324, Attorney Deborah J. Fox, Esquire for Appellees Erin Gustafson, John McMahon, Robert Lovinggood, Janice Rutherford, Dawn Rowe, Curt Hagman, Josie Gonzales and County of San Bernardino in 20-55445. Hearing in Pasadena on 01/15/2021 at 2:00 P.M. (Courtroom: N/A). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/24/2020. [11945183] [20-56324, 20-55445] (Fox, Deborah) [Entered: 12/24/2020 04:23 PM]
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Filing 107
Filed (ECF) Acknowledgment of hearing notice by Attorney Harmeet Dhillon, Esquire for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood in 20-55445, Attorney Harmeet Dhillon, Esquire for Appellants Wendy Gish, Patrick Scales, James Dean Moffatt and Brenda Wood in 20-56324. Hearing in Pasadena on 01/15/2021 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 30.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/24/2020. [11945181] [20-55445, 20-56324] (Dhillon, Harmeet) [Entered: 12/24/2020 04:21 PM]
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Filing 106
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Todd Grabarsky for Appellees Xavier Becerra and Gavin Newsom in 20-56324, Attorney Mr. Todd Grabarsky for Appellees Gavin Newsom and Xavier Becerra in 20-55445. Hearing in Pasadena on 01/15/2021 at 2:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 30.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/24/2020. [11945169] [20-56324, 20-55445] (Grabarsky, Todd) [Entered: 12/24/2020 03:56 PM]
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Filing 105
Notice of Oral Argument on Friday, January 15, 2021 - 2:00 P.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Friday, January 15, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11945138]. [20-55445, 20-56324] (AW) [Entered: 12/24/2020 03:08 PM]
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Filing 104
Filed Order for PUBLICATION (KIM MCLANE WARDLAW, RICHARD R. CLIFTON and TIMOTHY HILLMAN) These consolidated appeals are related to appeal No. 20-56358, South Bay United Pentecostal Church, et al., v. Newsom, et al. The December 23, 2020 motions panel order granted appellants request to expedite briefing of appeal No. 20-56324. The expedited briefing schedule for appeal No. 20-56324 shall proceed as follows: the opening brief and excerpts of record are due on or before December 31, 2020; the answering briefs are due on or before January 7, 2021; and the optional reply brief is due on or before January 11, 2021. The December 23, 2020 order additionally directed appellants to move for voluntary dismissal of appeal No. 20-55445 or show cause why appeal No. 20-55445 should not be dismissed as merged within 21 days. Appellants response to the order to show cause is now due December 31, 2020. If appellants elect to show cause, appellees may file a response by January 7, 2021. These appeals are set for virtual oral argument at the Richard H. Chambers U.S. Court of Appeals Building, Pasadena, California, on January 15, 2021, at 2:00 P.M. Each side is allotted 30 minutes for argument. IT IS SO ORDERED. [11945113] [20-55445, 20-56324]--[COURT UPDATE: Attached formatted version of order. 12/30/2020 by SLM] (MM) [Entered: 12/24/2020 02:44 PM]
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Filing 103
Filed order (SIDNEY R. THOMAS, ANDREW D. HURWITZ and BRIDGET S. BADE): We sua sponte consolidate appeal Nos. 20-55445 and No. 20-56324. The requests for judicial notice (Docket Entry Nos. [ # 11933627-2 ] and [ # 11937317-2 ] in appeal No. 20-56324) are granted to the extent that the parties seek judicial notice with regard to the emergency motion for injunctive relief. Appellants emergency motion for an injunction pending appeal is denied (Docket Entry No. [ # 11933593-2 ] in appeal No. 20-56324), without prejudice to renewing the request before the merits panel. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Appellants alternative motion to expedite briefing in appeal No. 20-56324 is granted and will be addressed specifically by a separate order. Appeal No. 20-55445 is an appeal from an order denying a motion for a preliminary injunction. A review of the record suggests that appeal No. 20-55445 should be dismissed because the district court has now dismissed appellants claims and entered final judgment, and appellants have appealed from that judgment in appeal No. 20-56324. See, e.g., SEC v. Mount Vernon Meml Park, 664 F.2d 1358, 1361 (9th Cir. 1982) (dismissing an appeal from an order denying a motion for preliminary injunction as merged because it is pointless for us to decide what preliminary relief [appellant] should have obtained on [a claim] when that [claim] has been dismissed and is before us on appeal). Within 21 days after the date of this order, appellants shall move for voluntary dismissal of appeal 20-55445 or show cause why it should not be dismissed as merged. If appellants elect to show cause, a response may be filed within 10 days after service of the memorandum. Any responses to this order will be referred to the panel assigned to decide the merits of these appeals. Briefing in appeal No. 20-55445 is complete. [11938907] [20-55445, 20-56324] (AF) [Entered: 12/23/2020 05:18 PM]
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Filing 102
Filed (ECF) Appellees County of San Bernardino, Erin Gustafson, John McMahon, Robert Lovinggood, Dawn Rowe, Janice Rutherford and Curt Hagman Correspondence: NOTICE OF DISTRICT'S COURT'S ENTRY OF JUDGMENT. Date of service: 12/14/2020 [11926988] [20-55445] (Fox, Deborah) [Entered: 12/14/2020 04:06 PM]
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Filing 101
Attorney Amie L. Medley in 20-55445 substituted by Attorney Lisa Plank in 20-55445 [11906662] (QDL) [Entered: 11/25/2020 01:01 PM]
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Filing 100
Filed (ECF) notice of appearance of Lisa J. Plank (California Department of Justice, Office of the Attorney General, 455 Golden Gate Avenue, Suite 11000, San Francisco, California 94102.) for Appellees Gavin Newsom and Xavier Becerra. Substitution for Attorney Ms. Amie L. Medley for Appellees Xavier Becerra and Gavin Newsom. Date of service: 11/25/2020. (Party was previously proceeding with counsel.) [11906620] [20-55445] (Plank, Lisa) [Entered: 11/25/2020 12:36 PM]
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Filing 99
Filed clerk order (Deputy Clerk: WL): On October 23, 2020, certain Defendant-Appellees filed a motion to dismiss this appeal from denial of a temporary restraining order or, in the alternative, to continue the November 17, 2020 oral argument. Dkt. 90. All remaining Defendant-Appellees joined in the motion. Dkt. 91; Dkt. 94. Finding good cause in the interest of conserving judicial resources, and because it appears that the district court will soon enter judgment, the motion for continuance of the November 17, 2020 oral argument (Dkt. 90) is granted. Fed. R. App. P. 34(b). The parties are ordered to notify the Clerks office within two days of entry of judgment by the district court. The case is removed from calendar and returned to the Clerks office for setting before an appropriate panel at such time as judgment is entered by the district court or as otherwise directed by the Court. [11882295] (WL) [Entered: 11/04/2020 03:39 PM]
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Filing 98
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom reply to response (). Date of service: 11/02/2020. [11879757] [20-55445] (Grabarsky, Todd) [Entered: 11/02/2020 07:21 PM]
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Filing 97
Filed (ECF) Appellees Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford reply to response (motion to dismiss the case). Date of service: 11/02/2020. [11879060] [20-55445] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 11/2/2020 by TYL] (Fox, Deborah) [Entered: 11/02/2020 01:43 PM]
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Filing 96
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood response opposing motion ([ # 90 ] Motion (ECF Filing), [ # 90 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 10/29/2020. [11876318] [20-55445] (Dhillon, Harmeet) [Entered: 10/29/2020 04:01 PM]
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Filing 95
Filed (ECF) Appellee Xavier Becerra citation of supplemental authorities. Date of service: 10/29/2020. [11875834] [20-55445] (Grabarsky, Todd) [Entered: 10/29/2020 12:52 PM]
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Filing 94
Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington response joining motion ([ # 90 ] Motion (ECF Filing), [ # 90 ] Motion (ECF Filing)). Date of service: 10/27/2020. [11872733] [20-55445] (Patel, Ronak) [Entered: 10/27/2020 09:52 AM]
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Filing 93
Filed clerk order (Deputy Clerk: WL): On October 23, 2020, Defendant-Appellees Dr. Erin Gustafson, Sheriff John McMahon, Supervisor Robert A. Lovingood, Supervisor Janice Rutherford, Supervisor Dawn Rowe, Supervisor Curt Hagman, and Supervisor Josie Gonzales (San Bernardino Defendant-Appellees) filed a motion to dismiss the appeal from denial of a temporary restraining order or, in the alternative, to continue the November 17, 2020 oral argument. Dkt. [ # 90 ]. On October 26, 2020, Defendant-Appellees Governor Gavin Newsom and Attorney General Xavier Becerra filed a joinder in San Bernardino Defendant-Appellees motion. Dkt. [ # 91 ]. Any response to appellees motion is due by 5:00 p.m. Pacific Time on October 29, 2020. The optional reply in support of the motion is due by 5:00 p.m. Pacific Time on November 2, 2020. [11872040] (WL) [Entered: 10/26/2020 03:33 PM]
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Filing 92
Filed (ECF) Acknowledgment of hearing notice by Attorney Harmeet Dhillon, Esquire for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Hearing in Pasadena on 11/17/2020 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/26/2020. [11871515] [20-55445] (Dhillon, Harmeet) [Entered: 10/26/2020 12:01 PM]
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Filing 91
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom response joining motion ([ # 90 ] Motion (ECF Filing), [ # 90 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 10/26/2020. [11871314] [20-55445] (Grabarsky, Todd) [Entered: 10/26/2020 10:32 AM]
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Filing 90
Filed (ECF) Appellees Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford Motion to dismiss the case. Date of service: 10/23/2020. [11870700] [20-55445] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 10/23/2020 by TYL] (Fox, Deborah) [Entered: 10/23/2020 04:52 PM]
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Filing 89
Received 6 paper copies of Supplemental Brief [ # 83 ] filed by Xavier Becerra and Gavin Newsom. (sent to panel) [11870315] (SD) [Entered: 10/23/2020 02:41 PM]
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Filing 88
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/23/2020. [11870052] [20-55445] (Grabarsky, Todd) [Entered: 10/23/2020 01:10 PM]
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Filing 87
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/23/2020. [11870047] [20-55445] (Grabarsky, Todd) [Entered: 10/23/2020 01:07 PM]
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Filing 86
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood citation of supplemental authorities. Date of service: 10/22/2020. [11868461] [20-55445] (Dhillon, Harmeet) [Entered: 10/22/2020 11:47 AM]
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Filing 85
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood citation of supplemental authorities. Date of service: 10/21/2020. [11866964] [20-55445] (Dhillon, Harmeet) [Entered: 10/21/2020 11:56 AM]
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Filing 84
Filed clerk order: The supplemental brief [ # 83 ] submitted by Xavier Becerra and Gavin Newsom is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [11866870] (KT) [Entered: 10/21/2020 11:27 AM]
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Filing 82
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/21/2020. [11866836] [20-55445] (Grabarsky, Todd) [Entered: 10/21/2020 11:10 AM]
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Filing 81
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/21/2020. [11866694] [20-55445] (Grabarsky, Todd) [Entered: 10/21/2020 10:21 AM]
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Filing 80
Filed clerk order: The amicus brief [ # 38 ] submitted by Americans United for Separation of Church and State, et al. is filed. No additional paper copies are required at this time. [11866235] (KT) [Entered: 10/20/2020 04:50 PM]
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Filing 79
Filed clerk order: The amicus brief [ # 36 ] submitted by Freedom From Religion Foundation is filed. No additional paper copies are required at this time. [11866232] (KT) [Entered: 10/20/2020 04:49 PM]
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Filing 78
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood citation of supplemental authorities. Date of service: 10/20/2020. [11864992] [20-55445] (Dhillon, Harmeet) [Entered: 10/20/2020 09:33 AM]
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Filing 77
Filed clerk order (Deputy Clerk: WL): The Freedom From Religion Foundations motion for leave to file amicus curiae brief (Docket Entry No. [ # 36 ]) is granted. Americans United for Separation of Church and State, et al.s motion for leave to file amicus curiae brief (Docket Entry No. [ # 38 ]) is granted. Appellees unopposed motion for leave to file a supplemental brief (Docket Entry No. [ # 52 ]) is granted. [11863212] (WL) [Entered: 10/19/2020 09:58 AM]
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Filing 76
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Todd Grabarsky for Appellees Xavier Becerra and Gavin Newsom. Hearing in Pasadena on 11/17/2020 at 09:00 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2020. [11862911] [20-55445] (Grabarsky, Todd) [Entered: 10/19/2020 08:00 AM]
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Filing 75
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/12/2020. [11855123] [20-55445] (Grabarsky, Todd) [Entered: 10/12/2020 09:50 AM]
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Filing 74
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 10/02/2020. [11845135] [20-55445] (Grabarsky, Todd) [Entered: 10/02/2020 09:41 AM]
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Filing 73
Added Attorney(s) Richard B. Katskee for party(s) Amicus Curiae Americans United for Separation of Church and State Amicus Curiae - Pending Bend the Arc: A Jewish Partnership for Justice, in case 20-55445. [11825647] (JFF) [Entered: 09/16/2020 08:56 AM]
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Filing 72
Filed (ECF) notice of appearance of Richard B. Katskee (Americans United for Separation of Church and State, 1310 L St. NW, Ste. 200, Washington, DC 20005) for Amicus Curiae Americans United for Separation of Church and State and Amicus Curiae - Pending Bend the Arc: A Jewish Partnership for Justice. Date of service: 09/16/2020. (Party was previously proceeding with counsel.) [11825574] [20-55445] (Katskee, Richard) [Entered: 09/16/2020 08:19 AM]
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Filing 71
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 09/11/2020. [11820315] [20-55445] (Grabarsky, Todd) [Entered: 09/11/2020 10:35 AM]
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Filing 70
Filed (ECF) Acknowledgment of hearing notice by Attorney Deborah J. Fox, Esquire for Appellees County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford. Hearing in Pasadena on 11/17/2020 at 09:00 A.M. (Courtroom: One). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/08/2020. [11816060] [20-55445] (Fox, Deborah) [Entered: 09/08/2020 02:18 PM]
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Filing 69
Sent letter to Amicus Curiae Americans United for Separation of Church and State, Amici Curiae - Pending Bend the Arc: A Jewish Partnership for Justice, Freedom From Religion Foundation, Appellants Wendy Gish, James Dean Moffatt, Patrick Scales, Brenda Wood and Appellees Xavier Becerra, Chad Bianco, County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, Robert Lovinggood, John McMahon, Gavin Newsom, V. Manuel Perez, Dawn Rowe, Janice Rutherford, Karen Spiegel and Chuck Washington re: Notice of Related Cases. [11815285] (KJC) [Entered: 09/08/2020 09:50 AM]
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Filing 68
Notice of Oral Argument on Tuesday, November 17, 2020 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, November 17, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11814635]. [20-55445] (AW) [Entered: 09/06/2020 06:09 AM]
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Filing 67
Terminated Gregory Richard Michael for Brenda Wood, Patrick Scales, James Dean Moffatt and Wendy Gish in 20-55445 [11808509] (QDL) [Entered: 08/31/2020 04:55 PM]
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Filing 66
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Gregory Richard Michael for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Party proceeding without counsel: No. Date of service: 08/31/2020. [11808437] [20-55445] (Michael, Gregory) [Entered: 08/31/2020 04:17 PM]
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Filing 65
Filed (ECF) Attorney Harmeet Dhillon, Esquire for Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood response to notice for case being considered for oral argument. Date of service: 08/06/2020. [11779173] [20-55445] (Dhillon, Harmeet) [Entered: 08/06/2020 07:28 AM]
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Filing 64
Filed clerk order (Deputy Clerk: SSR): Appellees motion (Docket Entry No. [ # 52 ]) to file a supplemental brief, the proposed supplemental brief included in Docket Entry No. [ # 52 ], and any responses are referred to the panel that will consider the merits of this case for whatever consideration the panel deems appropriate. [11778025] (OC) [Entered: 08/05/2020 10:24 AM]
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Filing 63
Filed (ECF) Attorney Deborah J. Fox, Esquire for Appellees County of San Bernardino, Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford response to notice for case being considered for oral argument. Date of service: 08/03/2020. [11775507] [20-55445] (Fox, Deborah) [Entered: 08/03/2020 03:22 PM]
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Filing 62
Filed (ECF) Attorney Mr. Todd Grabarsky for Appellees Xavier Becerra and Gavin Newsom response to notice for case being considered for oral argument. Date of service: 08/03/2020. [11775384] [20-55445] (Grabarsky, Todd) [Entered: 08/03/2020 02:47 PM]
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Filing 61
Filed (ECF) Attorney Mr. Ronak N. Patel for Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington response to notice for case being considered for oral argument. Date of service: 08/03/2020. [11774699] [20-55445] (Patel, Ronak) [Entered: 08/03/2020 11:12 AM]
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Filing 60
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for November 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[11772917]. [20-55445] (AW) [Entered: 07/31/2020 10:12 AM]
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Filing 59
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 07/30/2020. [11772547] [20-55445] (Grabarsky, Todd) [Entered: 07/30/2020 05:52 PM]
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Filing 58
Received 3 paper copies of excerpts of record [ # 26 ] in 6 volume(s) filed by Appellants. [11766704] (KWG) [Entered: 07/27/2020 09:40 AM]
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Filing 57
Received correction to deficient excerpts of record [ # 26 ] from Appellants: replacement copies that match electronic version. [11766699] (KWG) [Entered: 07/27/2020 09:39 AM]
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Filing 56
Received 6 paper copies of Reply Brief [ # 47 ] filed by Appellants. [11765312] (SD) [Entered: 07/24/2020 01:15 PM]
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Filing 55
Received 6 paper copies of Opening Brief [ # 24 ] filed by Appellants. [11763904] (SD) [Entered: 07/23/2020 02:11 PM]
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Filing 54
Received Appellants' 3 paper copies of excerpts of record [ # 26 ] in 5 volume(s). Deficiencies: paper copies do not match electronic version, paper copies of Volumes II and III are oversized. Corrections required (see attached notice). [11763500] (LA) [Entered: 07/23/2020 11:40 AM]
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Filing 83
Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Xavier Becerra and Gavin Newsom. Date of service: 07/21/2020. [11866862]--[COURT ENTERED FILING to correct entry [ # 52 ].] (KT) [Entered: 10/21/2020 11:22 AM]
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Filing 53
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom Supplemental Motion to take judicial notice of Exhibits. Date of service: 07/21/2020. [11761297] [20-55445] (Grabarsky, Todd) [Entered: 07/21/2020 07:37 PM]
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Filing 52
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom Motion to file supplemental brief. Date of service: 07/21/2020. [11761294] [20-55445]--[COURT UPDATE: removed PDF of supplemental brief, re-entered correctly in entry [ # 83 ] 10/21/2020 by KT] (Grabarsky, Todd) [Entered: 07/21/2020 07:33 PM]
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Filing 51
Received 6 paper copies of Answering Brief [ # 32 ] filed by Erin Gustafson, et al. [11760747] (SD) [Entered: 07/21/2020 02:21 PM]
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Filing 50
Received 6 paper copies of Answering Brief [ # 30 ] filed by Xavier Becerra and Gavin Newsom. [11759438] (SD) [Entered: 07/20/2020 04:20 PM]
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Filing 49
Filed clerk order: The answering brief [ # 47 ] submitted by Appellants is filed. The Court previously filed the brief(s) [ # 24 ], [ # 30 ], [ # 32 ] and excerpts of record [ # 26 ] submitted by Appellants Wendy Gish and James Dean Moffatt, and Appellees Xavier Becerra and Gavin Newsom, and Erin Gustafson, et al. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief must be red. The covers of the reply brief must be gray. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11755423] (KT) [Entered: 07/16/2020 01:32 PM]
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Filing 48
Filed (ECF) Amicus Curiae Americans United for Separation of Church and State and Amicus Curiae - Pending Bend the Arc: A Jewish Partnership for Justice reply to response (). Date of service: 07/16/2020. [11754724] [20-55445] (Luchenitser, Alexander) [Entered: 07/16/2020 08:54 AM]
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Filing 47
Submitted (ECF) Reply Brief for review. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 07/14/2020. [11753254] [20-55445] (Dhillon, Harmeet) [Entered: 07/14/2020 10:59 PM]
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Filing 46
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Supplemental Motion to take judicial notice of July 6, 2020 Industry Guidance, and July 13, 2020 County Variance Information. Date of service: 07/14/2020. [11753251] [20-55445] (Dhillon, Harmeet) [Entered: 07/14/2020 10:48 PM]
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Filing 45
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom citation of supplemental authorities. Date of service: 07/13/2020. [11751520] [20-55445] (Grabarsky, Todd) [Entered: 07/13/2020 06:38 PM]
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Filing 44
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood response opposing motion ([ # 38 ] Motion (ECF Filing), [ # 38 ] Motion (ECF Filing) motion to become amicus, [ # 36 ] Motion (ECF Filing), [ # 36 ] Motion (ECF Filing) motion to become amicus). Date of service: 07/10/2020. [11749509] [20-55445] (Dhillon, Harmeet) [Entered: 07/10/2020 04:41 PM]
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Filing 43
Received 7 paper copies of Amicus Brief [ # 38 ] filed by Americans United for Separation of Church and State, et al. [11749298] (SD) [Entered: 07/10/2020 03:13 PM]
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Filing 42
Received 6 paper copies of Amicus Brief [ # 36 ] filed by Freedom From Religion Foundation. [11749286] (SD) [Entered: 07/10/2020 03:06 PM]
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Filing 41
Filed clerk order (Deputy Clerk: GS): The motion of Freedom From Religion Foundation for leave to file an amicus curiae brief (Docket Entry No. [ # 36 ]) and any responses are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amicus curiae is ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the courts website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11743076] (WL) [Entered: 07/06/2020 03:03 PM]
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Filing 40
Filed clerk order (Deputy Clerk: GS): The motion of Americans United for Separation of Church and State, et al., for leave to file an amicus curiae brief (Docket Entry No. [ # 38 ]) and any responses are referred for resolution to the panel that will consider the merits of the case. Within 7 days after the date of this order, amici curiae are ordered to file 6 copies of the brief in paper format, with a green cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the courts website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11743074] (WL) [Entered: 07/06/2020 03:02 PM]
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Filing 39
Entered appearance of Amici Curiae - Pending Freedom From Religion Foundation and Bend the Arc: A Jewish Partnership for Justice, et al. [11742402] (KT) [Entered: 07/06/2020 10:36 AM]
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Filing 38
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Central Conference of American Rabbis; Interfaith Alliance Foundation; Men of Reform Judaism; see cover of motion for names of additional amici.. Date of service: 06/30/2020. [11742383] (KT) [Entered: 07/06/2020 10:28 AM]
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Filing 37
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 38 ]. Original Text: Filed (ECF) Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Central Conference of American Rabbis; Interfaith Alliance Foundation; Men of Reform Judaism; see cover of motion for names of additional amici. Motion to become amicus curiae. Date of service: 06/30/2020. [11738273] [20-55445] (Luchenitser, Alexander) [Entered: 06/30/2020 12:44 PM]
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Filing 36
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by The Freedom From Religion Foundation. Date of service: 06/30/2020. [11738202] [20-55445] (Seidel, Andrew) [Entered: 06/30/2020 12:10 PM]
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Filing 35
Filed clerk order: The answering brief [ # 32 ] submitted by Erin Gustafson, et al. is filed. No paper copies are required at this time. [11734915] (KT) [Entered: 06/26/2020 12:11 PM]
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Filing 34
Filed clerk order: The answering brief [ # 30 ] submitted by Xavier Becerra and Gavin Newsom is filed. No paper copies are required at this time. [11734908] (KT) [Entered: 06/26/2020 12:10 PM]
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Filing 33
Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington joinder to brief. Date of service: 06/23/2020. [11734899]--[COURT ENTERED FILING to correct entry [29].] (KT) [Entered: 06/26/2020 12:06 PM]
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Filing 32
Submitted (ECF) Answering Brief for review. Submitted by Appellees Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford. Date of service: 06/23/2020. [11734862]--[COURT ENTERED FILING to correct entry [28].] (KT) [Entered: 06/26/2020 11:42 AM]
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Filing 31
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom Motion to take judicial notice of Exhibits. Date of service: 06/23/2020. [11731527] [20-55445] (Grabarsky, Todd) [Entered: 06/23/2020 10:16 PM]
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Filing 30
Submitted (ECF) Answering Brief for review. Submitted by Appellees Xavier Becerra and Gavin Newsom. Date of service: 06/23/2020. [11731525] [20-55445] (Grabarsky, Todd) [Entered: 06/23/2020 10:10 PM]
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Filing 29
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 33 ]. Original Text: Submitted (ECF) Answering Brief for review. Submitted by Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, Karen Spiegel, Chuck Washington and V. Manuel Perez. Date of service: 06/23/2020. [11731319] [20-55445] (Patel, Ronak) [Entered: 06/23/2020 04:31 PM]
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Filing 28
COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. Original Text: Filed (ECF) Appellees Erin Gustafson, Curt Hagman, Josie Gonzales, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford answer to Miscellaneous petition. Date of service: 06/23/2020. [11730801] [20-55445] (Fox, Deborah) [Entered: 06/23/2020 01:25 PM]
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Filing 27
Filed clerk order: The Court sua sponte grants appellants a 1 day extension of time to file the opening brief, which was not timely submitted. The opening brief [ # 24 ] and excerpts of record [ # 26 ] submitted by appellants are filed. No paper copies are required at this time. The existing briefing schedule remains in effect. [11703442] (KT) [Entered: 05/28/2020 09:15 AM]
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Filing 26
Submitted (ECF) excerpts of record. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 05/27/2020. [11703262] [20-55445] (Dhillon, Harmeet) [Entered: 05/27/2020 11:27 PM]
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Filing 25
COURT DELETE DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 26 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 05/27/2020. [11701811] [20-55445] (Dhillon, Harmeet) [Entered: 05/27/2020 01:24 AM]
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Filing 24
Submitted (ECF) Opening Brief for review. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 05/26/2020. [11701805] [20-55445] (Dhillon, Harmeet) [Entered: 05/27/2020 12:00 AM]
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Filing 23
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Motion to take judicial notice of recent government action. Date of service: 05/26/2020. [11701794] [20-55445] (Dhillon, Harmeet) [Entered: 05/26/2020 11:33 PM]
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Filing 22
Filed clerk order: The amicus brief [ # 15 ] submitted by Americans United for Separation of Church and State is filed. No paper copies are required at this time. [11685701] (KT) [Entered: 05/08/2020 05:50 PM]
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Filing 21
Filed order (BARRY G. SILVERMAN and JACQUELINE H. NGUYEN) Americans United for Separation of Church and States motion for leave to file an amicus curiae brief in opposition to appellants emergency motion is granted (Docket Entry No. [ # 15 ]). The Clerk shall file the amicus brief submitted by Americans United for Separation of Church and State on May 5, 2020 (Docket Entry No. 15-2). Appellants emergency motion for an injunction pending appeal is denied (Docket Entry No. [ # 9 ]). Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). Appellants alternative motion to expedite the briefing and hearing of this appeal is denied (Docket Entry No. [ # 9 ]). The previously established briefing schedule remains in effect. [11683849] (OC) [Entered: 05/07/2020 01:27 PM]
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Filing 20
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood reply to response (). Date of service: 05/07/2020. [11683308] [20-55445] (Dhillon, Harmeet) [Entered: 05/07/2020 09:36 AM]
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Filing 19
Entered appearance of Amicus Curiae - Pending Americans United for Separation of Church and State. [11682495] (KT) [Entered: 05/06/2020 01:07 PM]
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Filing 18
Filed (ECF) Appellees Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 05/06/2020. [11682054] [20-55445] (Fox, Deborah) [Entered: 05/06/2020 09:46 AM]
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Filing 17
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 05/06/2020. [11682019] [20-55445] (Grabarsky, Todd) [Entered: 05/06/2020 09:30 AM]
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Filing 16
Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington response opposing motion ([ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing), [ # 9 ] Motion (ECF Filing)). Date of service: 05/06/2020. [11681923] [20-55445] (Patel, Ronak) [Entered: 05/06/2020 09:00 AM]
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Filing 15
Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Americans United for Separation of Church and State. Date of service: 05/05/2020. [11681247] [20-55445] (Luchenitser, Alexander) [Entered: 05/05/2020 01:48 PM]
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Filing 14
Added Attorney(s) Matthew B. Nazareth for party(s) Appellee Dawn Rowe Appellee Josie Gonzales Appellee Robert Lovinggood Appellee John McMahon Appellee Janice Rutherford Appellee Erin Gustafson Appellee Curt Hagman, in case 20-55445. [11681005] (JFF) [Entered: 05/05/2020 11:43 AM]
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Filing 13
Filed (ECF) notice of appearance of Matthew B. Nazareth (Meyers Nave Riback Silver & Wilson, 707 Wilshire Blvd., 24th Floor Los Angeles, California 90017) for Appellees Josie Gonzales, Erin Gustafson, Curt Hagman, Robert Lovinggood, John McMahon, Dawn Rowe and Janice Rutherford. Date of service: 05/05/2020. (Party was previously proceeding with counsel.) [11680969] [20-55445] (Nazareth, Matthew) [Entered: 05/05/2020 11:32 AM]
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Filing 12
MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or circumstances develop that might warrant settlement discussions. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [11680774] (VS) [Entered: 05/05/2020 10:29 AM]
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Filing 11
Filed clerk order (Deputy Clerk: DA): On May 3, 2020, appellants filed an emergency motion for an injunction pending appeal or alternatively to expedite the appeal. Any response to appellants emergency motion is due by 10:00 a.m. Pacific Time on May 6, 2020. The optional reply in support of the motion is due by 10:00 a.m. Pacific Time on May 7, 2020. The previously established briefing schedule remains in effect. [11678915] (OC) [Entered: 05/04/2020 08:40 AM]
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Filing 10
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood citation of supplemental authorities. Date of service: 05/03/2020. [11678767] [20-55445] (Dhillon, Harmeet) [Entered: 05/03/2020 10:45 PM]
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Filing 9
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood EMERGENCY Motion for injunction pending appeal, Motion to expedite case. Date of service: 05/03/2020. [11678660] [20-55445] (Dhillon, Harmeet) [Entered: 05/03/2020 05:34 AM]
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Filing 8
Filed (ECF) Appellees Josie Gonzales, Curt Hagman, Erin Gustafson, John McMahon, Robert Lovinggood, Janice Rutherford and Dawn Rowe Mediation Questionnaire. Date of service: 05/01/2020. [11678455] [20-55445] (Fox, Deborah) [Entered: 05/01/2020 04:03 PM]
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Filing 7
Filed (ECF) Appellees Xavier Becerra and Gavin Newsom Mediation Questionnaire. Date of service: 05/01/2020. [11678144] [20-55445] (Grabarsky, Todd) [Entered: 05/01/2020 01:53 PM]
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Filing 6
The Mediation Questionnaire for this case was filed on 05/01/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11678016]. [20-55445] (AD) [Entered: 05/01/2020 12:44 PM]
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Filing 5
The Mediation Questionnaire for this case was filed on 05/01/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11678015]. [20-55445] (AD) [Entered: 05/01/2020 12:44 PM]
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Filing 4
Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, Cameron Kaiser, Chuck Washington, Karen Spiegel, V. Manuel Perez and George Johnson Mediation Questionnaire. Date of service: 05/01/2020. [11677953] [20-55445] (Patel, Ronak) [Entered: 05/01/2020 12:01 PM]
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Filing 3
Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Mediation Questionnaire. Date of service: 05/01/2020. [11677827] [20-55445] (Dhillon, Harmeet) [Entered: 05/01/2020 10:53 AM]
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Filing 2
Filed clerk order (Deputy Clerk: TSP): The appeal filed April 27, 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 May 26, 2020; the answering brief is due June 23, 2020 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. [11675038] (OC) [Entered: 04/28/2020 05:57 PM]
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Filing 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. [11674210] (RT) [Entered: 04/28/2020 11:16 AM]
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