SOUTH BAY UNITED PENTECOSTAL V. GAVIN NEWSOM, No. 20-55533 (9th Cir. 2020)

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This opinion or order relates to an opinion or order originally issued on May 22, 2020.

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 8 2020 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT SOUTH BAY UNITED PENTECOSTAL CHURCH, a California nonprofit corporation; BISHOP ARTHUR HODGES III, an individual, Plaintiffs-Appellants, v. No. U.S. COURT OF APPEALS 20-55533 D.C. No. 3:20-cv-00865-BAS-AHG Southern District of California, San Diego ORDER GAVIN NEWSOM, in his official capacity as the Governor of California; et al., Defendants-Appellees. Before: WARDLAW and CLIFTON, Circuit Judges, and HILLMAN,* District Judge. In light of the Supreme Court’s orders in Harvest Rock Church, Inc. v. Newsom, No. 20A94, 592 U.S. ___ (Dec. 3, 2020) and Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 592 U.S. ___ (Nov. 25, 2020), we vacate the district court’s October 15, 2020 order denying the motion for injunctive relief filed by South Bay United Pentecostal Church (South Bay), and remand to the district court for further consideration of this matter. * The Honorable Timothy Hillman, United States District Judge for the District of Massachusetts, sitting by designation. South Bay’s emergency motion for an injunction pending appeal (ECF No. 96) is denied without prejudice. IT IS SO ORDERED. 2

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