Harvest Rock Church, Inc. v. Gavin Newsom ( 2020 )

FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 3 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HARVEST ROCK CHURCH, INC., itself No. 20-55907
and on behalf of its member churches in
California; HARVEST INTERNATIONAL D.C. No.
MINISTRY, INC., itself and on behalf of its 2:20-cv-06414-JGB-KK
member churches in California, Central District of California,
Los Angeles
Plaintiffs-Appellants,
ORDER
v.
GAVIN NEWSOM, in his official capacity
as Governor of the State of California,
Defendant-Appellee.
On Remand from the Supreme Court of the United States
Before: O'SCANNLAIN, RAWLINSON, and CHRISTEN, Circuit Judges.
Pursuant to the Supreme Court’s order in Harvest Rock Church v. Newsom,
No. 20A94, 592 U.S. ___ (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. ___ (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.
REMANDED.
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