Wendy Gish v. Gavin Newsom

987 F.3d 891

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 17, 2021
• Docket: 20-55445
• Status: Published

Opinion

FILED FOR PUBLICATION FEB 17 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WENDY GISH; PATRICK SCALES; Nos. 20-55445 JAMES DEAN MOFFATT; BRENDA 20-56324 WOOD, D.C. No. 5:20-cv-00755-JGB-KK Plaintiffs-Appellants, Central District of California, Riverside v.

GAVIN NEWSOM, in his official capacity ORDER 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 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