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)
   Decision Date:
   Rehearing Denied:
  Discretionary Court Decision Date:

DateProceedings and Orders
Nov 24 2020Petition for a writ of certiorari before judgment filed. (Response due December 30, 2020)
PetitionProof of ServiceCertificate of Word Count
Dec 24 2020Waiver of right of respondents Gavin Newsom, et al. to respond filed.
Main Document
Dec 30 2020Waiver of right of respondents William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten to respond filed.
Main DocumentProof of Service
Jan 06 2021DISTRIBUTED for Conference of 1/22/2021.
Jan 14 2021Response Requested. (Due February 16, 2021)
Jan 19 2021Motion to extend the time to file a response from February 16, 2021 to March 18, 2021, submitted to The Clerk.
Main Document
Jan 20 2021Response to motion from petitioner South Bay United Pentecostal Church, et al. filed.
Main DocumentProof of Service
Jan 22 2021Motion to extend the time to file a response is granted and the time is extended to and including March 18, 2021.
Jan 25 2021Application (20A136) for injunctive relief, submitted to Justice Kagan.
Main DocumentOtherProof of Service
Jan 26 2021Response to application (20A136) requested by Justice Kagan, due Friday, January 29, by 5 p.m. ET.
Jan 26 2021Letter 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 2021Motion 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 DocumentOtherProof of Service
Jan 29 2021Response to application from respondents Gavin Newsom, Governor of California, et al. filed.
Proof of ServiceMain Document
Jan 29 2021Response to application from respondents Wilma J. Wooten, et al. filed.
Main DocumentProof of Service
Jan 29 2021Motion 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 DocumentProof of ServiceOtherProof of Service
Jan 30 2021Letter of applicants South Bay United Pentecostal Church, et al. filed.
Main Document
Jan 30 2021Reply of applicants South Bay United Pentecostal Church, et al. filed.
ReplyProof of Service
Feb 05 2021Application (20A136) referred to the Court.
Feb 05 2021The 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 2021Brief of respondents Gavin Newsom, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Mar 18 2021Brief of respondents San Diego County Defendants' in opposition filed.
Main DocumentProof of Service
Apr 06 2021Reply of petitioners South Bay United Pentecostal Church, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 12 2021Letter of April 12, 2021 from counsel for respondents filed.
Main DocumentProof of Service
Apr 15 2021Letter of April 15, 2021 from petitioner South Bay United Pentecostal Church filed.
Main DocumentProof of Service
Apr 26 2021Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Tandon v. Newsom, 593 U. S. ___ (2021) (per curiam).
May 28 2021JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioners
Charles S. LiMandri
    Counsel of Record		LiMandri & Jonna LLP
P.O. Box 9120
Rancho Santa Fe, CA 92067

cslimandri@limandri.com		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		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		(619) 531-4886
Party name: William D. Gore, Helen Robbins-Meyer, Dr. Wilma J. Wooten