United States v. 2020-12-24 | 20-55445 | WENDY GISH V. GAVIN NEWSOM | precedential | opinion |

FOR PUBLICATION

UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

WENDY GISH; PATRICK SCALES;
JAMES DEAN MOFFATT; BRENDA
WOOD,
Plaintiffs-Appellants,

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; R
OBERT LOVINGGOOD, in his
official capacity as a San Bernardino
County Supervisor; J
ANICE
RUTHERFORD, in her official capacity
as a San Bernardino County
Supervisor; D
AWN ROWE, in her
official capacity as a San Bernardino
County Supervisor; C
URT HAGMAN,
in his official capacity as a San
Bernardino County Supervisor; J
OSIE
GONZALES, in his official capacity as
a San Bernardino County Supervisor;
No. 20-55445
20-56324

D.C. No.
5:20-cv-00755-
JGB-KK

ORDER

2 GISH V. NEWSOM

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; C
HAD 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; C
HUCK
WASHINGTON, in his official capacity
as a Riverside County Supervisor; V.
MANUEL PEREZ, in his official
capacity as a Riverside County
Supervisor; J
EFF HEWITT, in his
official capacity as a Riverside
County Supervisor; COUNTY OF SAN
BERNARDINO,
Defendants-Appellees.

Filed December 24, 2020

Before: Kim McLane Wardlaw and Richard C. Clifton,
Circuit Judges, and Timothy Hillman,
*
District Judge.

Order

*
The Honorable Timothy Hillman, United States District Judge for
the District Court of Massachusetts, sitting by designation.

GISH V. NEWSOM 3

ORDER
These consolidated appeals are related to appeal No. 20-
56358, South Bay United Pentecostal Church, et al., v.
Newsom, et al.
The December 23, 2020 motions panel order granted
appellants’ request to expedite briefing of appeal No. 20-
56324.
The expedited briefing schedule for appeal No. 20-56324
shall proceed as follows: the opening brief and excerpts of
record are due on or before December 31, 2020; the
answering briefs are due on or before January 7, 2021; and
the optional reply brief is due on or before January 11, 2021.
The December 23, 2020 order additionally directed
appellants to move for voluntary dismissal of appeal No. 20-
55445 or show cause why appeal No. 20-55445 should not
be dismissed as merged within 21 days. Appellants’
response to the order to show cause is now due December
31, 2020. If appellants elect to show cause, appellees may
file a response by January 7, 2021.
These appeals are set for virtual oral argument at the
Richard H. Chambers U.S. Court of Appeals Building,
Pasadena, California, on January 15, 2021, at 2:00 P.M.
Each side is allotted 30 minutes for argument.
IT IS SO ORDERED.