Harvest Rock Church, Inc., et al v. Gavin Newsom
| GAVIN NEWSOM, in his official capacity as Governor of the State of California |
| HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California and HARVEST INTERNATIONAL MINISTRY, INC., itself and on behalf of its member churches in California |
| AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE, COVENANT NETWORK OF PRESBYTERIANS, INTERFAITH ALLIANCE FOUNDATION, METHODIST FEDERATION FOR SOCIAL ACTION, NATIONAL COUNCIL OF CHURCHES OF CHRIST IN |
| 20-55907 |
| August 31, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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 HARVEST ROCK CHURCH, INC. V. GAVIN NEWSOM
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HARVEST ROCK CHURCH, INC. V. GAVIN NEWSOM
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Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 Filed clerk order (Deputy Clerk: AT): Appellees unopposed motion for an extension of time to file the answering brief (Docket Entry No. [ # 39 ]) is granted. The answering brief is due November 18, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11875642] (AF) [Entered: 10/29/2020 11:33 AM] |
| Filing 39 Filed (ECF) Appellee Gavin Newsom Motion to extend time to file Answering brief until 11/18/2020. Date of service: 10/21/2020. [11866399] [20-55907] (Goldstein, Seth) [Entered: 10/21/2020 08:10 AM] |
| Filing 38 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN): Within 21 days of the date of this order, Appellee is directed to file a response to the Appellants Petition for Rehearing En Banc, filed with this court on October 15, 2020. The response shall not exceed 15 pages or 4200 words. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered ECF filers must file the original response plus 50 paper copies. [11863815] (AF) [Entered: 10/19/2020 01:43 PM] |
| Filing 37 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. petition for rehearing en banc (from 10/01/2020 opinion). Date of service: 10/15/2020. [11861031] [20-55907] (Gannam, Roger) [Entered: 10/15/2020 08:50 PM] |
| Filing 36 Received 3 paper copies of excerpts of record [ # 29 ] in 3 volume(s) filed by Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. [11858884] (LA) [Entered: 10/14/2020 03:31 PM] |
| Filing 35 Received 6 paper copies of Opening Brief [ # 28 ] filed by Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. [11857109] (SD) [Entered: 10/13/2020 04:45 PM] |
| Filing 34 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for February 2021 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).[11854433]. [20-55907] (AW) [Entered: 10/09/2020 02:41 PM] |
| Filing 33 Filed clerk order (Deputy Clerk: KWG): The portion of the order [ # 32 ] filed on October 7, 2020 directing Amici Curiae to file paper copies of the amicus brief [ # 9 ] was entered in error and is vacated. No paper copies of the amicus brief are required. [11851410] (KWG) [Entered: 10/07/2020 04:03 PM] |
| Filing 32 Filed clerk order: The opening brief [ # 28 ] submitted by Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. is filed. The excerpts of record [ # 29 ] submitted by Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc. are filed. The Court previously filed the brief [ # 9 ] submitted Amici Curiae. 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 amicus brief must be green. 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. [11850909] (KWG) [Entered: 10/07/2020 01:03 PM] |
| Filing 31 Filed clerk order (Deputy Clerk: GS): The appellants unopposed motion (Docket Entry No. [ # 30 ]) for leave to file the opening brief and excerpts of record late is granted. The Clerk will file the opening brief and excerpts of record submitted at Docket Entry Nos. [ # 28 ] and [ # 29 ]. The answering brief is now due November 4, 2020. The optional reply brief is due within 21 days after service of the answering brief. [11850726] (AF) [Entered: 10/07/2020 11:47 AM] |
| Filing 30 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. Unopposed Motion to file a late brief. Date of service: 10/06/2020. [11848407] [20-55907] (Gannam, Roger) [Entered: 10/06/2020 05:59 AM] |
| Filing 29 Submitted (ECF) excerpts of record. Submitted by Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc.. Date of service: 10/03/2020. [11846451] [20-55907]--[COURT UPDATE: Attached corrected excerpts. 10/06/2020 by LA] (Gannam, Roger) [Entered: 10/03/2020 01:27 AM] |
| Filing 28 Submitted (ECF) Opening Brief for review. Submitted by Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc.. Date of service: 10/03/2020. [11846450] [20-55907]--[COURT UPDATE: Attached corrected PDF. 10/06/2020 by LA] (Gannam, Roger) [Entered: 10/03/2020 01:24 AM] |
| Filing 27 Filed clerk order: The amicus brief [ # 9 ] submitted by Americans United for Separation of Church and State; et al., is filed. No paper copies are required. [11844271] (SML) [Entered: 10/01/2020 02:50 PM] |
Filing 26
Filed Order for PUBLICATION (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN) (Dissent by Judge O'Scannlain) For these reasons, the emergency motion for an injunction pending appeal (Docket Entry No. [ # 6 ]) is denied. We grant the motion to file the amicus brief in support of the Governor for purposes of this emergency motion (Docket Entry No. [ # 9 ]). [11843942]--[Edited (typos corrected) 10/02/2020 by AKM]--[Edited (attached reformatted PDF of slip opinion & webcites) 10/06/2020 by AKM] (AKM) [Entered: 10/01/2020 01:00 PM]
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| Filing 25 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. reply to response to Court order dated 09/17/2020. Date of service: 09/23/2020. [11834718] [20-55907] (Gannam, Roger) [Entered: 09/23/2020 03:09 PM] |
| Filing 24 Filed (ECF) Appellee Gavin Newsom response to Court order dated 09/17/2020. Date of service: 09/23/2020. [11833829] [20-55907] (Goldstein, Seth) [Entered: 09/23/2020 09:19 AM] |
| Filing 23 Filed clerk order (Deputy Clerk: AT): Appellants unopposed motion for an extension of time to file the opening brief (Docket Entry No. [ # 21 ]) is granted. The opening brief and excerpts of record are now due October 2, 2020. The answering brief is due October 30, 2020, or 28 days after service of the opening brief, whichever is earlier. 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. [11832608] (AF) [Entered: 09/22/2020 11:19 AM] |
| Filing 22 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. response to Court order dated 09/17/2020. Date of service: 09/21/2020. [11830259] [20-55907] (Gannam, Roger) [Entered: 09/21/2020 09:24 AM] |
| Filing 21 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. Unopposed Motion to extend time to file Opening brief until 10/02/2020. Date of service: 09/18/2020. [11829977] [20-55907] (Gannam, Roger) [Entered: 09/18/2020 05:48 PM] |
| Filing 20 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11829909] (BLS) [Entered: 09/18/2020 05:08 PM] |
| Filing 19 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mathew D. Staver for Appellants Harvest International Ministry, Inc. and Harvest Rock Church, Inc.. Hearing in San Francisco (Courtroom 2 (Remotely)) on 09/21/2020 at 3:00 P.M. (Courtroom: N/A). 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: 09/18/2020. [11829250] [20-55907] (Staver, Mathew) [Entered: 09/18/2020 12:53 PM] |
| Filing 18 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Todd Grabarsky for Appellee Gavin Newsom. Hearing in San Francisco on 09/21/2020 at 3:00 P.M. (Courtroom: 2). 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: 09/18/2020. [11829088] [20-55907] (Grabarsky, Todd) [Entered: 09/18/2020 11:29 AM] |
| Filing 17 Notice of Virtual Oral Argument (re Emergency Motion for Injunction pending Appeal) on Monday, September 21, 2020 - 3:00 P.M. Pacific - Scheduled Location: Courtroom 2 - San Francisco 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 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 Monday, September 21, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11828979] (AW) [Entered: 09/18/2020 10:43 AM] |
| Filing 16 Filed order (DIARMUID F. O'SCANNLAIN, JOHNNIE B. RAWLINSON and MORGAN B. CHRISTEN): The court has received appellants emergency motion requesting an injunction pending appeal, and the response and reply thereto. No later than 9:00 a.m. Pacific Time on Monday, September 21, 2020, the parties shall file a joint statement of no more than ten pages, explaining: 1. What COVID-related restrictions on places of worship are currently effect in California and how those restrictions compare to restrictions currently in effect on other categories of activity in the State. 2. Whether the California COVID-related restrictions at issue in this appeal have changed since the filing of the complaint in this case and since the district courts August 12, 2020 hearing, and, if so, whether any changes affect the parties arguments.The court will hold virtual oral argument on the emergency motion at 3:00 p.m. Pacific Time on Monday, September 21, 2020. Each side is allotted 20 minutes for argument. [11828482] (HH) [Entered: 09/17/2020 06:22 PM] |
| Filing 15 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. citation of supplemental authorities. Date of service: 09/17/2020. [11827942] [20-55907] (Schmid, Daniel) [Entered: 09/17/2020 02:31 PM] |
| Filing 14 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. reply to response (). Date of service: 09/16/2020. [11826863] [20-55907] (Gannam, Roger) [Entered: 09/16/2020 04:47 PM] |
| Filing 13 Added Attorney(s) Richard B. Katskee for party(s) Amicus Curiae Americans United for Separation of Church and State, in case 20-55907. [11825413] (CW) [Entered: 09/15/2020 06:11 PM] |
| Filing 12 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. Date of service: 09/15/2020. (Party was previously proceeding with counsel.) [11825354] [20-55907] (Katskee, Richard) [Entered: 09/15/2020 05:28 PM] |
| Filing 11 Filed (ECF) Appellee Gavin Newsom response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 09/15/2020. [11825258] [20-55907] (Goldstein, Seth) [Entered: 09/15/2020 04:31 PM] |
| Filing 10 Entered appearance of Amici Curiae Americans United for Separation of Church and State, et al. [11824986] (LA) [Entered: 09/15/2020 02:35 PM] |
| Filing 9 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; Covenant Network of Presbyterians; Interfaith Alliance Foundation; Methodist Federation for Social Action, et al. Date of service: 09/15/2020. [11824972]--[COURT ENTERED FILING to replace incorrect entry [8].] (LA) [Entered: 09/15/2020 02:31 PM] |
| Filing 8 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 9 ]. Original Text: Filed (ECF) Americans United for Separation of Church and State; Bend the Arc: A Jewish Partnership for Justice; Covenant Network of Presbyterians; Interfaith Alliance Foundation; Methodist Federation for Social Action; see cover of motion for more amici Motion to become amicus curiae. Date of service: 09/15/2020. [11824660] [20-55907] (Luchenitser, Alexander) [Entered: 09/15/2020 12:45 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: AT): The court has received appellants emergency motion. The opposition to the motion is due Tuesday, September 15, 2020, by 5:00 p.m. PDT. The reply is due Wednesday, September 16, 2020, by 5:00 p.m. PDT. [11821191] (AF) [Entered: 09/11/2020 03:53 PM] |
| Filing 6 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. EMERGENCY Motion for injunction pending appeal. Date of service: 09/11/2020. [11821053] [20-55907] (Schmid, Daniel) [Entered: 09/11/2020 03:06 PM] |
| Filing 5 MEDIATION ORDER FILED: By 09/18/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11813816] (MS) [Entered: 09/04/2020 12:36 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 09/03/2020. 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.[11813215]. [20-55907] (AD) [Entered: 09/04/2020 06:44 AM] |
| Filing 3 Filed (ECF) Appellants Harvest Rock Church, Inc. and Harvest International Ministry, Inc. Mediation Questionnaire. Date of service: 09/03/2020. [11813183] [20-55907] (Gannam, Roger) [Entered: 09/03/2020 08:02 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed August 28, 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 September 25, 2020, the answering brief is due October 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. [11808401] (AF) [Entered: 08/31/2020 04:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction. C.R. 3-3. [11807434] (RT) [Entered: 08/31/2020 10:19 AM] |
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| Defendant / appellee: GAVIN NEWSOM, in his official capacity as Governor of the State of California | |
| Represented By: | Todd Grabarsky |
| Represented By: | Seth Goldstein |
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| Plaintiff / appellant: HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California | |
| Represented By: | Nicolai Cocis |
| Represented By: | Daniel Joseph Schmid Esquire |
| Represented By: | Roger Gannam |
| Represented By: | Mathew D. Staver |
| Represented By: | Horatio Gabriel Mihet Esquire |
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| Plaintiff / appellant: HARVEST INTERNATIONAL MINISTRY, INC., itself and on behalf of its member churches in California | |
| Represented By: | Nicolai Cocis |
| Represented By: | Daniel Joseph Schmid Esquire |
| Represented By: | Roger Gannam |
| Represented By: | Mathew D. Staver |
| Represented By: | Horatio Gabriel Mihet Esquire |
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| Amicus curiae: AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, BEND THE ARC: A JEWISH PARTNERSHIP FOR JUSTICE, COVENANT NETWORK OF PRESBYTERIANS, INTERFAITH ALLIANCE FOUNDATION, METHODIST FEDERATION FOR SOCIAL ACTION, NATIONAL COUNCIL OF CHURCHES OF CHRIST IN | |
| Represented By: | Richard B. Katskee |
| Represented By: | Alexander Joseph Luchenitser Esquire |
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