HARVEST ROCK CHURCH, INC., itself et al. v. GAVIN NEWSOM, in his official capacity as Governor of the State of California

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

HARVEST ROCK CHURCH, INC., itself
and on behalf of its member
churches in California; HARVEST
INTERNATIONAL MINISTRY, INC.,
itself and on behalf of its member
churches in California,
Plaintiffs-Appellants,

v.

G
AVIN NEWSOM, in his official
capacity as Governor of the State of
California,
Defendant-Appellee.
No. 20-55907

D.C. No.
2:20-cv-06414-
JGB-KK

ORDER

On Remand from the Supreme Court of the United States

Filed December 3, 2020

Before: Diarmuid F. O’Scannlain, Johnnie B. Rawlinson,
and Morgan Christen, Circuit Judges.

Order

2 HARVEST ROCK CHURCH V. NEWSOM

COUNSEL

Mathew D. Staver, Horatio G. Mihet, Roger K. Gannam, and
Daniel J. Schmid, Liberty Counsel, Orlando, Florida;
Nicolai Cocis, Law Office of Nicolai Cocis, Murrieta,
California; for Plaintiffs-Appellants.

Xavier Becerra, Attorney General; Thomas S. Patterson,
Senior Assistant Attorney General; Benjamin M. Glickman,
Supervising Deputy Attorney General; Todd Grabarsky and
Seth E. Goldstein, Deputy Attorneys General; Office of the
Attorney General, Sacramento, California; for Defendant-
Appellee.

ORDER
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.