Gateway City Church, et al v. Gavin Newsom, et al
| SARA H. CODY, SCC Health Officer, COUNTY OF SANTA CLARA, SANDRA SHEWRY, Acting Director CDPH and GAVIN NEWSOM |
| ORCHARD COMMUNITY CHURCH OF CAMPBELL, THE HOME CHURCH, INC., GATEWAY CITY CHURCH, TRINITY BIBLE CHURCH and THE SPECTRUM CHURCH, SAN FRANCISCO BAY AREA, INC. |
| 21-15189 |
| February 2, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Document Text |
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| Filing 28 Received 6 paper copies of Answering Brief [ # 21 ] filed by Sara H. Cody and County of Santa Clara. [12062378] (SD) [Entered: 04/02/2021 02:58 PM] |
| Filing 27 Filed (ECF) Appellees Gavin Newsom and Sandra Shewry citation of supplemental authorities. Date of service: 04/02/2021. [12061578] [21-15189] (Grabarsky, Todd) [Entered: 04/02/2021 09:01 AM] |
| Filing 26 Filed clerk order: The answering brief [ # 23 ] submitted by Gavin Newsom and Sandra Shewry 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12061135] (SML) [Entered: 04/01/2021 03:45 PM] |
| Filing 25 Filed (ECF) Appellees Gavin Newsom and Sandra Shewry Motion to take judicial notice of the following material: Exhibit 1, Cal Dept Pub Health publication Industry Guidance to Reduce Risks (2021); Exhibit 2, Minute order denying plaintiffs' motion for preliminary injunction; Exhibit 3, Transcript excerpts from hearing on plaintiffs' motion.. Date of service: 03/31/2021. [12059078] [21-15189] (Grabarsky, Todd) [Entered: 03/31/2021 09:04 AM] |
| Filing 24 Filed clerk order: The answering brief [ # 21 ] submitted by Sara H. Cody and County of Santa Clara 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: red. The paper copies shall be submitted to the principal office of the Clerk. [12058693] (SML) [Entered: 03/30/2021 03:58 PM] |
| Filing 23 Submitted (ECF) Answering Brief for review. Submitted by Appellees Gavin Newsom and Sandra Shewry. Date of service: 03/29/2021. [12057484] [21-15189]--[COURT UPDATE: Removed incorrectly attached motion, correctly filed in [ # 25 ]. 04/01/2021 by SML] (Grabarsky, Todd) [Entered: 03/29/2021 10:36 PM] |
| Filing 22 Filed (ECF) Appellees Sara H. Cody and County of Santa Clara Motion to take judicial notice of Exhibits 1-8 in support of Answering Brief.. Date of service: 03/29/2021. [12056841] [21-15189] (Kieschnick, Hannah) [Entered: 03/29/2021 02:39 PM] |
| Filing 21 Submitted (ECF) Answering Brief for review. Submitted by Appellees Sara H. Cody and County of Santa Clara. Date of service: 03/29/2021. [12056794] [21-15189] (Kieschnick, Hannah) [Entered: 03/29/2021 02:23 PM] |
| Filing 20 Filed (ECF) Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing) motion to extend time to file brief). Date of service: 03/19/2021. [12048109] [21-15189] (Snider, Kevin) [Entered: 03/19/2021 04:33 PM] |
| Filing 19 Filed (ECF) Appellees Sara H. Cody and County of Santa Clara Motion to extend time to file Answering brief until 05/28/2021. Date of service: 03/17/2021. [12044806] [21-15189] (Kieschnick, Hannah) [Entered: 03/17/2021 02:52 PM] |
| Filing 18 Filed (ECF) Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church Correspondence: The purpose of this letter is to provide notice that Gateway City Church, et al., hereby gives blanket consent to the filing of briefs of amici curiae in support of any or no party in the above-referenced case.. Date of service: 03/11/2021 [12032375] [21-15189] (Snider, Kevin) [Entered: 03/11/2021 12:51 PM] |
| Filing 17 Received 3 paper copies of excerpts of record [ # 12 ] in 17 volume(s) and index volume filed by Appellants. [12028825] (KWG) [Entered: 03/09/2021 09:06 AM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 11 ] filed by Appellants. [12028082] (SD) [Entered: 03/08/2021 03:04 PM] |
| Filing 15 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12023006] (VS) [Entered: 03/03/2021 01:20 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 11 ] submitted by appellants 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: blue. The excerpts of record [ # 12 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the 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. [12020499] (SML) [Entered: 03/01/2021 04:01 PM] |
| Filing 13 Filed (ECF) Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church Motion to take judicial notice of Exhibit 1. Date of service: 03/01/2021. [12019871] [21-15189] (Snider, Kevin) [Entered: 03/01/2021 01:09 PM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church. Date of service: 03/01/2021. [12019863] [21-15189] (Snider, Kevin) [Entered: 03/01/2021 01:06 PM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church. Date of service: 03/01/2021. [12019800] [21-15189] (Snider, Kevin) [Entered: 03/01/2021 12:29 PM] |
| Filing 10 Received order from the Supreme Court dated 02/26/2021 re: The application for injunctive relief presented to Justice Kagan and by her referred to the Court is granted pending disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. The Ninth Circuits failure to grant relief was erroneous. This outcome is clearly dictated by this Courts decision in South Bay United Pentecostal Church v. Newsom, 592 U. S. ___ (2021). Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. Justice Kagan, with whom Justice Breyer and Justice Sotomayor join, dissenting: I dissent for the reasons set out in South Bay United Pentecostal Church v. Newsom, 592 U. S. ___ (2021) (Kagan, J., dissenting). Supreme Court No. 21A138. [12018778] (HH) [Entered: 02/26/2021 05:32 PM] |
| Filing 9 Filed order (WILLIAM C. CANBY, SUSAN P. GRABER and MICHELLE T. FRIEDLAND): Appellants emergency motion for injunctive relief pending this appeal (Docket Entry No. [ # 6 ]) is therefore denied. (SEE ORDER FOR FULL TEXT) [12003104] (HH) [Entered: 02/12/2021 07:19 PM] |
| Filing 8 Filed (ECF) Appellees Sara H. Cody and County of Santa Clara response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing) motion for injunction pending appeal). Date of service: 02/12/2021. [12002346] [21-15189] (Kieschnick, Hannah) [Entered: 02/12/2021 01:28 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LCC): The court has received appellants emergency motion for an injunction pending appeal. Any response to the motion is due by 1:00 p.m. Pacific Time on February 12, 2021. [12001535] (SVG) [Entered: 02/11/2021 08:29 PM] |
| Filing 6 Filed (ECF) Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church EMERGENCY Motion for injunction pending appeal. Date of service: 02/11/2021. [12001497] [21-15189] (Snider, Kevin) [Entered: 02/11/2021 05:47 PM] |
| Filing 5 MEDIATION ORDER FILED: By 02/23/2021, 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. [11995834] (VS) [Entered: 02/08/2021 10:59 AM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 02/04/2021. 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.[11992840]. [21-15189] (AD) [Entered: 02/04/2021 12:44 PM] |
| Filing 3 Filed (ECF) Appellants Gateway City Church, Orchard Community Church of Campbell, The Home Church, Inc., The Spectrum Church, San Francisco Bay Area, Inc. and Trinity Bible Church Mediation Questionnaire. Date of service: 02/04/2021. [11992660] [21-15189] (Snider, Kevin) [Entered: 02/04/2021 11:05 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed February 1, 2021 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 March 1, 2021; the answering brief is due March 29, 2021 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. [11990305] (JPD) [Entered: 02/02/2021 03:11 PM] |
| 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. [11989896] (JBS) [Entered: 02/02/2021 01:07 PM] |
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