WENDY GISH V. GAVIN NEWSOM, No. 20-55445 (9th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 24, 2020.
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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS FEB 17 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WENDY GISH; PATRICK SCALES; JAMES DEAN MOFFATT; BRENDA WOOD, Plaintiffs-Appellants, Nos. 20-55445 20-56324 D.C. No. 5:20-cv-00755-JGB-KK Central District of California, Riverside v. GAVIN NEWSOM, in his official capacity as the Governor of California; XAVIER BECERRA, in his official capacity as the Attorney General of California; ERIN GUSTAFSON, in her official capacity as the San Bernardino County Acting Public Health Officer; JOHN MCMAHON, in his official capacity as the San Bernardino County Sheriff; ROBERT LOVINGGOOD, in his official capacity as a San Bernardino County Supervisor; JANICE RUTHERFORD, in her official capacity as a San Bernardino County Supervisor; DAWN ROWE, in her official capacity as a San Bernardino County Supervisor; CURT HAGMAN, in his official capacity as a San Bernardino County Supervisor; JOSIE GONZALES, in his official capacity as a San Bernardino County Supervisor; CAMERON KAISER, in his official capacity as the Riverside County Public Health Officer; GEORGE JOHNSON, in his official capacity as the Riverside County Executive Officer and Director of Emergency Services; CHAD ORDER BIANCO, in his official capacity as a Riverside County Sheriff; KEVIN JEFFRIES, in his official capacity as a Riverside County Supervisor; KAREN SPIEGEL, in her official capacity as a Riverside County Supervisor; CHUCK WASHINGTON, in his official capacity as a Riverside County Supervisor; V. MANUEL PEREZ, in his official capacity as a Riverside County Supervisor; JEFF HEWITT, in his official capacity as a Riverside County Supervisor; COUNTY OF SAN BERNARDINO, Defendants-Appellees. Before: WARDLAW and CLIFTON, Circuit Judges, and HILLMAN,* District Judge. Pursuant to the order of the United States Supreme Court dated February 8, 2021, the case is remanded to the district court for further proceedings consistent with South Bay United Pentecostal Church v. Newsom, 592 U.S. ___ (2021). The motion to voluntarily dismiss the appeal in Case No. 20-55445 pursuant to Federal Rule of Appellate Procedure 42(b) is granted. The four motions to take judicial notice in Case No. 20-55445 and the two motions to take judicial notice in Case No. 20-56324 are dismissed as moot. IT IS SO ORDERED. * The Honorable Timothy Hillman, United States District Judge for the District of Massachusetts, sitting by designation. 2
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