Wendy Gish; Patrick Scales; James Dean Moffatt; Brenda Wood v. Gavin Newsom

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; ROBERT LOVINGGOOD;
JANICE RUTHERFORD; DAWN ROWE;
CURT HAGMAN; and JOSIE
GONZALES, in their official
capacities as San Bernardino County
Supervisors; 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
Nos. 20-55445
20-56324
D.C. No.
5:20-cv-00755-
JGB-KK
ORDER

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GISH V. NEWSOM 2
County Sheriff; KEVIN JEFFRIES;
KAREN SPIEGEL; CHUCK
WASHINGTON; V. MANUEL PEREZ;
and JEFF HEWITT, in their official
capacities as Riverside County
Supervisors; COUNTY OF SAN
BERNARDINO,
Defendants-Appellees.
On Remand from the Supreme Court of the United States
Filed February 17, 2021
Before: Kim McLane Wardlaw and Richard R. Clifton,
Circuit Judges, and Timothy Hillman,* District Judge.
Order
ORDER
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
* The Honorable Timothy Hillman, United States District Judge for
the District of Massachusetts, sitting by designation.

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GISH V. NEWSOM 3
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.

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