Newsom
South Bay United Pentecostal Church v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SOUTH BAY UNITED Case No. 20-cv-865-BAS-AHG PENTECOSTAL CHURCH, et al., ORDER DENYING PLAINTIFFS’ Plaintiffs, EX PARTE MOTION FOR AN INJUNCTION PENDING APPEAL v. [ECF No. 36] GAVIN NEWSOM, in his official capacity as the Governor of California, et al., 15 Defendants.
Plaintiffs South Bay United Pentecostal Church and Bishop Arthur Hodges III filed a motion for temporary restraining order. (ECF No. 12.) On May 15, 2020, the Court held a telephonic hearing on the motion and denied the motion. (ECF No. 32, (transcript of hearing).) That same day, Plaintiffs filed a notice of appeal. Plaintiffs also filed an ex parte motion seeking an injunction pending the appeal. (ECF No. 36.) Federal Rule of Appellate Procedure 8(a)(1) provides that “[a] party must ordinarily move first in the district court for . . . (C) an order . . . granting an injunction while an appeal is pending.” Fed. R.…