SOUTH BAY UNITED PENTECOSTAL CHURCH III v. NEWSOM (2020)
United States Court of Appeals, Ninth Circuit.
SOUTH BAY UNITED PENTECOSTAL CHURCH, a California nonprofit corporation; Bishop Arthur Hodges III, an individual, Plaintiffs-Appellants, v. Gavin NEWSOM, in his official capacity as the Governor of California; Xavier Becerra, in his official capacity as Attorney General of California; Sonia Angell, in her official capacity as California Public Health Officer; Wilma J. Wooten, in her official capacity as Public Health Officer, County of San Diego; Helen Robbins-Meyer, in her official capacity as Director of Emergency Services; William D. Gore, in his official capacity as Sheriff of the County of San Diego, Defendants-Appellees.
Decided: December 23, 2020
Before: Kim McLane Wardlaw and Richard C. Clifton, Circuit Judges, and Timothy Hillman,* District Judge.
Appellees are directed to file an opposition to Appellants’ Emergency Motion for an Injunction Pending Appeal on Thursday, December 24, 2020, by 9:00 A.M. Appellants’ optional reply brief is due on Thursday, December 24, 2020, by 12:00 P.M.
Given that the issues presented in this appeal “strike at the very heart of the First Amendment's guarantee of religious liberty,” Roman Catholic Diocese of Brooklyn v. Cuomo, ––– U.S. ––––, 141 S. Ct. 63, 68, ––– L.Ed.2d –––– (2020) (per curiam), and the gravity of the pandemic's impact on Southern California, in particular, we order Appellants’ appeal from the district court's Order Denying the Motion for a Temporary Restraining Order or Preliminary Injunction expedited. See Fed. R. App. P. 2; Ninth Circuit R. 3-3. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due on or before December 31, 2020; the answering brief is due on or before January 7, 2021; and the optional reply brief is due on or before January 11, 2021.
This appeal is set for virtual oral argument at the Richard H. Chambers U.S. Court of Appeals Building, Pasadena, California, on January 15, 2021, at 1:00 P.M. Each side is allotted 30 minutes for argument.
IT IS SO ORDERED.
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