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 |
| 20-56324 |
| December 15, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 57 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] |
| Filing 56 MANDATE ISSUED.(KMW, RRC and TH) [12016453] [20-55445, 20-56324] (JFF) [Entered: 02/25/2021 10:06 AM] |
| Filing 55 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] |
| Filing 54 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] |
Filing 53
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 52 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] |
| Filing 51 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] |
| Filing 50 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] |
| Filing 49 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] |
| Filing 48 Received 6 paper copies of Reply Brief [ # 45 ] filed by Appellants. (sent to panel) [11961224] [20-55445, 20-56324] (SD) [Entered: 01/12/2021 03:13 PM] |
| Filing 47 Received 6 paper copies of Answering Brief [ # 32 ] filed by Chad Bianco, et al. (sent to panel). [11960743] [20-55445, 20-56324] (SD) [Entered: 01/12/2021 11:49 AM] |
| Filing 46 Filed clerk order: The reply brief [ # 45 ] 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 [ # 32 ] as directed by the Court's order filed on January 8, 2021 [ # 39 ]. 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] |
| Filing 45 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 [44].] (KT) [Entered: 01/12/2021 10:26 AM] |
| Filing 44 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 45 ]. 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] |
| Filing 43 Received 6 paper copies of Answering Brief [ # 36 ] filed by Xavier Becerra and Gavin Newsom. (sent to panel) [11959534] [20-56324, 20-55445] (SD) [Entered: 01/11/2021 03:30 PM] |
| Filing 42 Received 6 paper copies of Answering Brief [ # 33 ] filed by County of San Bernardino, et al. (sent to panel) [11957352] [20-55445, 20-56324] (SD) [Entered: 01/08/2021 02:22 PM] |
| Filing 41 Received 3 paper copies of supplemental excerpts of record [ # 34 ] 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] |
| Filing 40 Filed clerk order: The answering brief [ # 36 ] 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] |
| Filing 39 Filed clerk order: The answering brief [ # 32 ] 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] |
| Filing 38 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] |
| Filing 37 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 32 ]. 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] |
| Filing 36 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] |
| Filing 35 Filed clerk order: The answering brief [ # 33 ] 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 [ # 34 ] 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] |
| Filing 34 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 [31].] (KT) [Entered: 01/07/2021 03:51 PM] |
| Filing 33 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 [31].] (KT) [Entered: 01/07/2021 03:49 PM] |
| Filing 32 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 [ # 38 ]. 01/08/2021 by KT] (Patel, Ronak) [Entered: 01/07/2021 03:15 PM] |
| Filing 31 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 33 ], [ # 34 ]. 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] |
| Filing 30 Received 6 paper copies of Opening Brief [ # 24 ] filed by Appellants.(sent to panel) [11954303] [20-55445, 20-56324] (SD) [Entered: 01/06/2021 12:00 PM] |
| Filing 29 Received 3 paper copies of excerpts of record [ # 25 ] 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] |
| Filing 28 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] |
| Filing 27 Deleted Incorrect Entry ****** (KT) [Entered: 01/05/2021 11:17 AM] |
| Filing 26 Filed clerk order: The opening brief [ # 24 ] 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 [ # 25 ] 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] |
| Filing 25 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] |
| Filing 24 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] |
| Filing 23 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] |
| Filing 22 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 23 ]. Original Text: Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Motion to take judicial notice of. Date of service: 12/31/2020. [11950049] [20-56324] (Dhillon, Harmeet) [Entered: 12/31/2020 09:22 PM] |
| Filing 21 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 25 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 12/31/2020. [11950048] [20-56324] (Dhillon, Harmeet) [Entered: 12/31/2020 09:06 PM] |
| Filing 20 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 24 ]. Original Text: Submitted (ECF) Opening Brief for review. Submitted by Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood. Date of service: 12/31/2020. [11950046] [20-56324] (Dhillon, Harmeet) [Entered: 12/31/2020 08:56 PM] |
| Filing 19 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] |
| Filing 18 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] |
| Filing 17 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] |
| Filing 16 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] |
| Filing 15 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] |
| Filing 14 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] |
| Filing 13 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] |
| Filing 12 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] |
| Filing 11 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. [ # 3 ] and [ # 8 ] 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. [ # 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] |
| Filing 10 Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood reply to response (). Date of service: 12/23/2020. [11938170] [20-56324] (Dhillon, Harmeet) [Entered: 12/23/2020 11:29 AM] |
| Filing 9 Filed (ECF) Appellees County of San Bernardino, Erin Gustafson, Curt Hagman, John McMahon, Janice Rutherford and Dawn Rowe reply to response (motion to take judicial notice). Date of service: 12/22/2020. [11937412] [20-56324] (Fox, Deborah) [Entered: 12/22/2020 04:01 PM] |
| Filing 8 Filed (ECF) Appellees Chad Bianco, Jeff Hewitt, Kevin Jeffries, George Johnson, Cameron Kaiser, V. Manuel Perez, Karen Spiegel and Chuck Washington response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing), [ # 3 ] Motion (ECF Filing)). Date of service: 12/22/2020. [11937317] [20-56324] (Patel, Ronak) [Entered: 12/22/2020 03:30 PM] |
| Filing 7 Filed (ECF) Appellees Xavier Becerra and Gavin Newsom response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing)). Date of service: 12/22/2020. [11937224] [20-56324] (Grabarsky, Todd) [Entered: 12/22/2020 03:10 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 12/22/2020. 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.[11936867]. [20-56324] (AD) [Entered: 12/22/2020 12:44 PM] |
| Filing 5 Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Mediation Questionnaire. Date of service: 12/22/2020. [11936760] [20-56324] (Dhillon, Harmeet) [Entered: 12/22/2020 12:00 PM] |
| Filing 4 Filed clerk order (Deputy Clerk: DLB): On December 18, 2020, appellants filed an emergency motion for an injunction pending appeal or alternatively to expedite this appeal. Any response to appellants emergency motion is due by 4:00 p.m. Pacific Time on December 22, 2020. The optional reply in support of the motion is due by 12:00 p.m. Pacific Time on December 23, 2020. The previously established briefing schedule remains in effect. [11933769] (AC) [Entered: 12/19/2020 01:41 PM] |
| Filing 3 Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood EMERGENCY Motion to take judicial notice of. Date of service: 12/18/2020. [11933627] [20-56324] (Dhillon, Harmeet) [Entered: 12/18/2020 05:23 PM] |
| Filing 2 Filed (ECF) Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood EMERGENCY Motion for injunction pending appeal. Date of service: 12/18/2020. [11933593] [20-56324] (Dhillon, Harmeet) [Entered: 12/18/2020 04:58 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood Mediation Questionnaire due on 12/22/2020. Appellants Wendy Gish, James Dean Moffatt, Patrick Scales and Brenda Wood opening brief due 02/12/2021. 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 answering brief due 03/15/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11928434] (JBS) [Entered: 12/15/2020 01:43 PM] |
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