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Docket for 20-746
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No. 20-746
 
Title: South Bay United Pentecostal Church, et al., Petitioners
v.
Gavin Newsom, Governor of California, et al.
Docketed: November 30, 2020
Linked with: 20A136
Lower Ct: United States Court of Appeals for the Ninth Circuit
   Case Numbers: (20-55533)
 
Proceedings and Orders
Nov 24 2020 Petition for a writ of certiorari before judgment filed. (Response due December 30, 2020)
Petition Proof of Service Certificate of Word Count
Dec 24 2020 Waiver of right of respondents Gavin Newsom, et al. to respond filed.
Main Document
Dec 30 2020 Waiver of right of respondents William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten to respond filed.
Main Document Proof of Service
Jan 06 2021 DISTRIBUTED for Conference of 1/22/2021.
Jan 14 2021 Response Requested. (Due February 16, 2021)
Jan 19 2021 Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk.
Main Document
Jan 20 2021 Response to motion from petitioner South Bay United Pentecostal Church, et al. filed.
Main Document Proof of Service
Jan 22 2021 Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2021.
Jan 25 2021 Application (20A136) for injunctive relief, submitted to Justice Kagan.
Main Document Other Proof of Service
Jan 26 2021 Response to application (20A136) requested by Justice Kagan, due Friday, January 29, by 5 p.m. ET.
Jan 26 2021 Letter Re: Notice of Ninth Circuit Court of Appeal Ruling of South Bay United Pentecostal Church, et al. not accepted for filing. (March 25, 2021)
Jan 27 2021 Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Americans United for Separation of Church and State, et al.
Main Document Other Proof of Service
Jan 29 2021 Response to application from respondents Gavin Newsom, Governor of California, et al. filed.
Proof of Service Main Document
Jan 29 2021 Response to application from respondents Wilma J. Wooten, et al. filed.
Main Document Proof of Service
Jan 29 2021 Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by The Becket Fund for Religious Liberty.
Main Document Proof of Service Other Proof of Service
Jan 30 2021 Letter of applicants South Bay United Pentecostal Church, et al. filed.
Main Document
Jan 30 2021 Reply of applicants South Bay United Pentecostal Church, et al. filed.
Reply Proof of Service
Feb 05 2021 Application (20A136) referred to the Court.
Feb 05 2021 The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is granted in part. Respondents are enjoined from enforcing the Blueprint’s Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari. The application is denied with respect to the percentage capacity limitations, and respondents are not en-joined from imposing a 25% capacity limitation on indoor worship services in Tier 1. The application is denied with respect to the prohibition on singing and chanting during indoor services. This order is without prejudice to the applicants presenting new evidence to the District Court that the State is not applying the percentage capacity limitations or the prohibition on singing and chanting in a generally applicable manner. 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 THOMAS and JUSTICE GORSUCH would grant the application in full. JUSTICE ALITO would grant the application with respect to all of the capacity restrictions on indoor worship services and the prohibition against indoor singing and chanting, and would stay for 30 days an injunction against the percentage attendance caps and the prohibition against indoor singing and chanting. (See Detached Opinion). CHIEF JUSTICE ROBERTS, concurring in the partial grant of application for injunctive relief. (Detached Opinion). JUSTICE BARRETT, with whom JUSTICE KAVANAUGH joins, concurring in the partial grant of application for injunctive relief. (Detached Opinion). Statement of JUSTICE GORSUCH, with whom JUSTICE THOMAS and JUSTICE ALITO join. (Detached Opinion). JUSTICE KAGAN, with whom
Mar 18 2021 Brief of respondents Gavin Newsom, et al. in opposition filed.
Main Document Proof of Service Certificate of Word Count
Mar 18 2021 Brief of respondents San Diego County Defendants' in opposition filed.
Main Document Proof of Service
Apr 06 2021 Reply of petitioners South Bay United Pentecostal Church, et al. filed. (Distributed)
Main Document Certificate of Word Count Proof of Service
Apr 07 2021 DISTRIBUTED for Conference of 4/23/2021.
Apr 12 2021 Letter of April 12, 2021 from counsel for respondents filed.
Main Document Proof of Service
Apr 15 2021 Letter of April 15, 2021 from petitioner South Bay United Pentecostal Church filed.
Main Document Proof of Service
Apr 26 2021 Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tandon v. Newsom, 593 U. S. ___ (2021) (per curiam).
May 28 2021 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Charles S. LiMandri
Counsel of Record
LiMandri & Jonna LLP
P.O. Box 9120
Rancho Santa Fe, CA 92067
cslimandri@limandri.com
Ph: 858-759-9930
Party name: South Bay United Pentecostal Church, et al.


Attorneys for Respondents
Samuel Thomas Harbourt
Counsel of Record
California Department of Justice, Office of the Solicitor General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102
Samuel.Harbourt@doj.ca.gov
Ph: 415-510-3919
Party name: Gavin Newsom, et al.


Jeffrey Patrick Michalowski
Counsel of Record
Office of County Counsel, County of San Diego
1600 Pacific Highway, Suite 355
San Diego, CA 92101
jeffrey.michalowski@sdcounty.ca.gov
Ph: (619) 531-4886
Party name: William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten

 

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