United States Court of Appeals for the Ninth Circuit
Calendar for Pasadena, California

August 4-8, 2014
August 25-29, 2014

Note: Calendar entries may change up until the hearing date. Please remember to check the docket report for updates. Case synopses are prepared by court staff for the convenience of the reader.


2014-08-04  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: REINHARDT, WARDLAW and CALLAHAN, Circuit Judges
Case No. Title Nature Origin Time / Side
12-70147Ricardo Rivera-Gomez v. Eric Holder, Jr. - A citizen of Honduras petitions for review of the Board of Immigration Appeals' denial of his motion to reopen removal proceedings based on changed circumstances and changed country conditions. Immigration BIA 10 min
13-50470USA v. Mike Niko - Mike Niko appeals his sentence for conspiracy to defraud the United States with respect to claims, arising from his participation in a scheme to defraud the IRS. [2:12-cr-00061-DSF-5] Criminal C. CA 10 min
13-56615Daniel Zavala v. Richard Ives - A federal prisoner appeals the district court's dismissal of his habeas corpus petition alleging that the Bureau of Prisons improperly denied him credit against his sentence for time spent in immigration custody. [2:13-cv-03603-JFW-E] Habeas C. CA 10 min
13-50406USA v. Jose Zepeda-Gonzalez - Jose Zepeda-Gonzalez appeals his conviction, following a bench trial, of being a deported alien found in the United States. [3:13-cr-01661-LAB-1] Criminal S. CA 15 min
13-56806The People of the State of Cal v. Intelligender, LLC - Intelligender, LLC, appeals the denial of its motion for a permanent injunction in a diversity class action brought by Julie Gram and the City of San Diego. [2:10-cv-04210-ABC-VBK] Civil C. CA 15 min
14-56075Geraldine Doyle v. OneWest Bank, FSB - OneWest Bank, FSB appeals the district court's order granting the motion of Geraldine Doyle to remand this Class Action Fairness Act case to state court. [2:13-cv-05951-SJO-JEM] Civil C. CA 15 min


2014-08-04  11:00 am  Pasadena Courtroom 3, Pasadena, California
Before: KOZINSKI , Chief Judge; and PAEZ and BERZON, Circuit Judges
Case No. Title Nature Origin Time / Side
13-35190
13-35245
Timothy Blixseth v. Yellowstone Mountain Club - Timothy Blixseth appeals the dismissal for lack of standing of his appeal from the bankruptcy court's order regarding confirmation of a chapter 11 plan. [2:11-cv-00065-SEH]
Bankruptcy MT 10 min
13-35246Timothy Blixseth v. Yellowstone Mountain Club - Timothy Blixseth appeals the district court's dismissal for lack of standing of his appeal from an order of the bankruptcy court. [2:11-cv-00071-SEH] Bankruptcy MT 10 min
13-35277Robert Sumpter v. Yellowstone Mountain Club - Robert Sumpter appeals the district court's dismissal for lack of standing of his appeal from the bankruptcy court's order regarding a confirmation of a chapter 11 plan. [2:11-cv-00066-SEH] Bankruptcy MT 10 min
13-35098Ross Richardson v. Cincinnati Insurance Co. - Two chapter 7 trustees appeal the district court's affirmance of the bankruptcy court's judgment after bench trial in the trustees' adversary proceeding regarding an insurance company's duty to defend the debtor. [2:12-cv-00017-SEH] Bankruptcy MT 10 min


2014-08-05  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: REINHARDT, WARDLAW and CALLAHAN, Circuit Judges
Case No. Title Nature Origin Time / Side
10-55319Larry Scott v. Ralph M. Diaz - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging the trial court's admission of several instances of prior bad acts. [2:06-cv-01995-DDP-SH] Habeas C. CA 10 min
12-50388USA v. Marcus Edwards - Marcus Edwards appeals his conviction by guilty plea and sentence for distribution of cocaine base in the form of crack cocaine. [2:09-cr-00968-SJO-2] Criminal C. CA 10 min
12-72383Nader Ben Ghalba v. Eric Holder, Jr. - A citizen of Tunisia petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
13-50584
13-50595
USA v. Ramon Andrade-Castillo - Ramon Andrade-Castillo appeals the district court's revocation of his probation for his 2011 illegal reentry conviction, the sentence imposed upon revocation, and the sentence imposed for his 2013 illegal reentry conviction. [3:11-cr-01740-LAB-1]
 
Criminal S. CA 10 min
10-55423Jerome Scott, Sr. v. Sylvia Garcia - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging the sufficiency of evidence to support his murder conviction. [5:09-cv-01554-GAF-CT] Habeas C. CA 15 min
12-57315C. W. v. Capistrano USD - A student and her parent appeal an award of attorneys' fees to the defendant school district following the dismissal of their action under the Individuals with Disabilities Education Act and other statutes. [8:11-cv-01157-DOC-RNB] Civil C. CA 15 min


2014-08-05  11:00 am  Pasadena Courtroom 3, Pasadena, California
Before: KOZINSKI , Chief Judge; and PAEZ and BERZON, Circuit Judges
Case No. Title Nature Origin Time / Side
13-35122Timothy Blixseth v. Carl Eklund - Timothy Blixseth appeals the dismissal for lack of standing of his appeal from the bankruptcy court's confirmation of a chapter 11 plan. [2:12-cv-00042-SEH] Bankruptcy MT 10 min
13-35113Timothy Blixseth v. Brian A. Glasser - Timothy Blixseth appeals the district court's affirmance of the bankruptcy court's denial of his motion for reconsideration of an order modifying payment priorities and allowing a general unsecured claim against a chapter 11 bankruptcy estate. [2:12-cv-00020-SEH] Bankruptcy MT 10 min
14-35159Brian Glasser v. Timothy Blixseth - Timothy Blixseth et al. appeal the district court's dismissal of their appeal from the bankruptcy court's denial of a motion to vacate a preliminary injunction in an adversary proceeding brought by the Yellowstone Club Liquidating Trust. [2:12-cv-00053-SEH] Bankruptcy MT 10 min


2014-08-06  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: REINHARDT, WARDLAW and CALLAHAN, Circuit Judges
Case No. Title Nature Origin Time / Side
10-56201Ashley Lowe v. Deborah K. Johnson - A California state prisoner appeals the district court's dismissal of his untimely habeas corpus petition challenging his guilty plea to murder with a firearm enhancement. [2:10-cv-02795-JVS-MLG] Habeas C. CA 10 min
12-56584USA v. Jerold Gorski - Jerold Gorski, an attorney appearing on his own behalf, appeals the district court's judgment in favor of the United States in the government's collection action to recover the amounts owed as a result of Gorski's failure to repay his student loans. [2:11-cv-04252-AG-JPR] Civil C. CA 10 min
10-56466USA v. William McCray - A federal prisoner appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate sentence, challenging his money laundering conviction. [3:09-cv-00614-MMA] Habeas S. CA 15 min
11-71307James Dimaya v. Eric Holder, Jr. - A citizen of the Philippines petitions for review of the Board of Immigration Appeals' decision finding that his California state convictions for burglary constituted crime-of-violence aggravated felonies. Immigration BIA 15 min


2014-08-07  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: WARDLAW, CALLAHAN and M. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
11-55873Brandon Armitage v. Kenneth Clark - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his conviction of residential burglary based on the trial court's instructions to the jury. [3:09-cv-00463-L-POR] Habeas S. CA 10 min
11-56135Rodney Hall v. Randy Grounds - A California state prisoner appeals the district court's denial as untimely of his habeas corpus petition challenging his jury conviction, claiming he is entitled to equitable tolling based on his medical conditions. [2:07-cv-02858-VAP-AGR] Habeas C. CA 10 min
13-71314Mario Escobar-Gonzalez v. Eric Holder, Jr. - A citizen of El Salvador petitions for review of an Immigration Judge's order finding in a reasonable fear proceeding that he lacked a reasonable fear of persecution or torture. Immigration BIA 10 min
12-50152USA v. Edward Ferguson - Edward Ferguson appeals his jury conviction of mail fraud arising from a scheme in which Ferguson falsely represented that all of the victims' funds would be invested in a foreign trading program. [8:09-cr-00180-AHM-1] Criminal C. CA 15 min
12-56404SEC v. Brookstreet Securities Corp. - Brookstreet Securities Corp. and Stanley Brooks appeal the district court's summary judgment in favor of the Securities and Exchange Commission in the SEC's civil enforcement action under the federal securities laws. [8:09-cv-01431-DOC-AN] Civil C. CA 15 min
12-56690Reginald Smith v. County of Los Angeles - Los Angeles County Sheriff Lee Baca appeals the denial of qualified immunity in a civil rights action alleging wrongful arrest because the arrest warrant lacked biometric identifiers. [2:11-cv-10666-GAF-PJW] Civil C. CA 15 min


2014-08-08  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: WARDLAW, CALLAHAN and M. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
09-73454Yongji Quan v. Eric Holder, Jr. - A citizen of China petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
12-56133USA v. Michael Cowles - Taxpayers appeal the district court's summary judgment in an action by the United States to recover unpaid estate taxes from them. [2:11-cv-06084-JFW-MAN] Civil C. CA 10 min
12-56405Nuscience Corp v. Robert Henkel - Defendant Robert Henkel appeals the denial of his motion to vacate a default judgment for lack of personal jurisdiction. [2:08-cv-02661-GAF-FFM] Civil C. CA 10 min
11-56562Frank Rust v. David B. Long - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his jury conviction of assault with a deadly weapon. [5:06-cv-00576-PA-VBK] Habeas C. CA 15 min
12-56411Yarry Fine v. Cambridge Int'l Systems - Yarry Fine appeals the district court's dismissal---for lack of personal jurisdiction and improper venue under Fed. R. Civ. P. 12(b)(2) and 12(b)(3)---of his diversity action brought against Cambridge International Systems, Inc. [3:12-cv-00165-WQH-BGS] Civil S. CA 15 min
13-50132USA v. Pablo Palacios-Gomez - Pablo Palacios-Gomez appeals his conviction, following a bench trial, of attempted entry after deportation. [3:12-cr-02572-IEG-1] Criminal S. CA 15 min


2014-08-25  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: O'SCANNLAIN and RAWLINSON, Circuit Judges; and RAKOFF (New York Southern), Senior District Judge
Case No. Title Nature Origin Time / Side
12-57035De Lester v. Maurice Junious - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his theft conviction. [2:11-cv-07247-MWF-OP] Habeas C. CA 10 min
13-50343USA v. Eric Lopez-Salas - Eric Lopez-Salas appeals the sentence imposed following his guilty plea to making a false statement to the FBI. [2:12-cr-00961-GAF-1] Criminal C. CA 10 min
13-50450USA v. Alvaro Mejia - Alvaro Mejia appeals the judgment revoking his supervised release and the sentence imposed upon revocation. [2:06-cr-00243-SJO-1] Criminal C. CA 10 min
10-56677Charles Piper v. D. Uribe, Jr., Warden - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his conviction of unlawful possession of ammunition and evading a police officer in willful or wanton disregard for safety. [2:05-cv-05984-AHM-JC] Habeas C. CA 15 min
11-55166Jose Ornelas v. Gary Sandor - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his conviction of forcible rape and sodomy, claiming jury misconduct and ineffective assistance of counsel. [2:07-cv-00930-DOC-JC] Habeas C. CA 15 min
13-70717Luis Gomez v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of a waiver of inadmissibility in conjunction with adjustment of status. Immigration BIA 15 min


2014-08-26  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: O'SCANNLAIN and RAWLINSON, Circuit Judges; and GLEASON (Alaska), District Judge
Case No. Title Nature Origin Time / Side
11-56107Jeffrey Lungberg v. Larry Scribner - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his conviction of aggravated sexual assault and lewd acts with a child, claiming prosecutorial misconduct. [5:07-cv-01521-GAF-AGR] Habeas C. CA 10 min
13-50290USA v. Cesar Pulido-Estrada - Cesar Pulido-Estrada appeals his conviction by conditional guilty plea to being an alien found in the United States following deportation. [2:12-cr-00032-DDP-1] Criminal C. CA 10 min
13-50505USA v. Lazaro Limon-Juvera - Lazaro Limon-Juvera appeals his jury conviction of being a deported alien found in the United States. [3:13-cr-00951-AJB-1] Criminal S. CA 10 min
11-57094Joseph Arredondo, Jr. v. Gary Sandor - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his jury conviction of engaging in sexual acts with two underage girls at his church. [5:10-cv-01115-CAS-MRW] Habeas C. CA 15 min
11-57154Richard Cox v. Leland McEwen - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his jury conviction of murder and assault on a child causing death. [5:10-cv-01174-GAF-SS] Habeas C. CA 15 min
12-72099William Argueta Pena v. Eric Holder, Jr. - A citizen of El Salvador in expedited removal proceedings petitions for review of the Board of Immigration Appeals' decision concluding that it lacked jurisdiction over the appeal. Immigration BIA 15 min


2014-08-27  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: O'SCANNLAIN and RAWLINSON, Circuit Judges; and RAKOFF (New York Southern), Senior District Judge
Case No. Title Nature Origin Time / Side
09-71574Aram Sargsyan v. Eric Holder, Jr. - A citizen of Armenia petitions for review of the Board of Immigration Appeals' denial of his motion to reopen asserting changed country conditions and seeking derivative asylum relief under the Child Status Protection Act. Immigration BIA 10 min
11-56181Nathaniel Flowers v. Scott McEwen - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his jury conviction of attempted murder and related offenses, claiming a violation of Brady v. Maryland. [2:09-cv-03119-JST-SS] Habeas C. CA 10 min
14-50008USA v. Enoch Montaque - Enoch Montaque appeals the sentence imposed upon revocation of supervised release. [3:12-cr-07084-BEN-1] Criminal S. CA 10 min
10-71973Yufeng Tao v. Eric Holder, Jr. - A citizen of China petitions for review of the Board of Immigration Appeals' denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 15 min
12-56661Michael Williams v. Securitas Security Services - Michael Williams appeals the district court's denial of his motion for reconsideration of the dismissal for lack of subject matter jurisdiction of his action against Securitas Security Services USA, Inc. [2:12-cv-01885-GHK-SS] Civil C. CA 15 min
12-56678St. Vincent Medical Center v. Mega Life and Health Insurance - St. Vincent Medical Center appeals the district court's summary judgment in favor of MEGA Life and Health Insurance Company in St. Vincent's diversity action alleging claims for breach of oral and written contract and negligent misrepresentation. [2:12-cv-02694-SVW-CW] Civil C. CA 15 min


2014-08-28  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: O'SCANNLAIN, RAWLINSON and BYBEE, Circuit Judges
Case No. Title Nature Origin Time / Side
11-56929Dennis Victorian v. Vimal Singh - A California state prisoner appeals the district court's denial of his habeas corpus petition, contending that the trial court should not have excused a holdout juror or should have declared a mistrial. [2:07-cv-05514-JVS-FMO] Habeas C. CA 10 min
11-56949Freddy Curiel v. Amy Miller - A California state prisoner appeals the district court's dismissal of his untimely habeas corpus petition challenging his jury conviction of special circumstance murder and street terrorism for the benefit of a criminal street gang. [8:10-cv-00301-DDP-FMO] Habeas C. CA 10 min
12-55307Steven Fue v. Martin Biter - A California state prisoner appeals the district court's dismissal of his untimely habeas corpus petition challenging his conviction of carjacking and related offenses. [2:11-cv-02436-DMG-MRW] Habeas C. CA 10 min
12-56436
12-56609
Jack Noe v. FDIC - Jack and Carolyn Noe appeal the district court's judgment in favor of the FDIC (as receiver for Washington Mutual Bank) and JPMorgan Chase Bank, N.A., on claims under the Truth in Lending Act. [2:08-cv-07140-GHK-FMO]
Civil C. CA 15 min
12-56737Bank of Manhattan v. FDIC - The FDIC, as receiver for First Heritage Bank, N.A., appeals the district court's judgment in favor of Bank of Manhattan, N.A., on a claim for breach of contract. [2:10-cv-04614-GAF-AGR] Civil C. CA 15 min
12-56676Kyle Brownfield v. Jaguar Land Rover N. America - Kyle Brownfield appeals the district court's judgment, following a jury trial, in favor of Jaguar Land Rover North America, LLC, on a claim that Jaguar violated California's Song-Beverly Consumer Warranty Act. [8:11-cv-00309-JAK-VBK] Civil C. CA 15 min
12-56689Ines Ibrahim v. Bayer Corp Disability Plan - Ines Ibrahim appeals the district court's judgment in her ERISA action challenging the termination of short-term disability benefits. [2:10-cv-09150-SJO-MAN] Civil C. CA 15 min
13-50094USA v. Osayanse Obarghedo - Osayanse Obarghedo appeals his jury conviction and sentence for possession of fifteen or more unauthorized access devices (credit cards in the names of others). [2:12-cr-00186-ABC-1] Criminal C. CA 15 min
13-55328Andre Burton v. Kevin Chappell - Warden Kevin Chappell appeals the district court's grant of a habeas corpus petition by a California state prisoner challenging his jury conviction and capital sentence for murder, attempted murder, and robbery. [2:91-cv-01652-AHM] Habeas C. CA 15 min


2014-08-29  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: O'SCANNLAIN, RAWLINSON and BYBEE, Circuit Judges
Case No. Title Nature Origin Time / Side
10-73629Tjhin Lisa v. Eric Holder, Jr. - Citizens of Indonesia petition for review of the Board of Immigration Appeals' denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
11-70054Charles Kowaas v. Eric Holder, Jr. - A citizen of Indonesia petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
12-70721Harryanto Moe v. Eric Holder, Jr. - A citizen of Indonesia petitions for review of the Board of Immigration Appeals' denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min


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U.S. Court of Appeals for the Ninth Circuit
125 South Grand Avenue
Pasadena CA 91105


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