HARVEST ROCK CHURCH, INC., itself and on behalf of its member churches in California; Harvest International Ministry, Inc., itself and on behalf of its member churches in California, Plaintiffs-Appellants, v. Gavin NEWSOM, in his official capacity as Governor of the State of California, Defendant-Appellee.
Decided: December 03, 2020
Before: Diarmuid F. O'Scannlain, Johnnie B. Rawlinson, and Morgan Christen, Circuit Judges.
Mathew D. Staver, Horatio G. Mihet, Roger K. Gannam, and Daniel J. Schmid, Liberty Counsel, Orlando, Florida; Nicolai Cocis, Law Office of Nicolai Cocis, Murrieta, California; for Plaintiffs-Appellants. Xavier Becerra, Attorney General; Thomas S. Patterson, Senior Assistant Attorney General; Benjamin M. Glickman, Supervising Deputy Attorney General; Todd Grabarsky and Seth E. Goldstein, Deputy Attorneys General; Office of the Attorney General, Sacramento, California; for Defendant-Appellee.
Pursuant to the Supreme Court's order in Harvest Rock Church v. Newsom, No. 20A94, 592 U.S. ––––, ––– S.Ct. ––––, ––– L.Ed.2d ––––, 2020 WL 7061630 (Dec. 3, 2020), we vacate our October 1, 2020, order denying Harvest Rock Church's motion for an injunction pending appeal; vacate the district court's September 2, 2020, order denying Harvest Rock Church's motion for a preliminary injunction; and remand to the district court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 592 U.S. ––––, 141 S.Ct. 63, ––– L.Ed.2d –––– (Nov. 25, 2020).
Harvest Rock Church's petition for rehearing en banc is DENIED as moot. The motions to appear as amicus curiae, filed by Leading Epidemiologists and Public Health Experts (ECF No. 42) and by Americans United for Separation of Church and State, et al. (ECF No. 52), are DENIED as moot.
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