United States Court of Appeals for the Ninth Circuit
Calendar for Richard H. Chambers US Court of Appeals, Pasadena

February 13-17, 2017

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.


2017-02-13  9:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: D.W. NELSON, TALLMAN, and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
13-74250Ruben Aviles-Diaz v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding him removable based on his conviction for alien smuggling. Immigration BIA Subm.
15-55674Lora Smith v. Bank of America - An appeal from the dismissal of a claim that under the Internal Revenue Code, payments of capitalized interest must be reported on Form 1098. [2:14-cv-06668-DSF-PLA] Civil C. CA Subm.
15-55700Carissa Oien v. County of San Bernardino - Appeal from the district court's summary judgment in a 42 U.S.C. § 1983 action alleging that San Bernardino Sheriff's deputies used unreasonable deadly force when they shot and killed Peter Oien during a response to a 911 call. [5:14-cv-01895-SVW-DTB] Civil C. CA Subm.
15-56280USA v. Nextgear Capital, Inc. - Nextgear Capital, Inc., appeals the district court's judgment, following a bench trial, in favor of the United States, holding that a 2006 Lamborghini Murcielago was subject to civil forfeiture pursuant to 31 U.S.C. § 5317(c)(2). [8:13-cv-00907-DOC-JPR] Civil C. CA Subm.


2017-02-13  1:30 pm  Courtroom 3, Richard H. Chambers US Court of Appeals, Pasadena
Before: M. SMITH, and OWENS, Circuit Judges, and KORMAN (New York Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-56237Fernando Leon v. Nancy Berryhill - Fernando Leon appeals the district court's decision affirming the Commissioner of Social Security's denial of Leon's application for disability insurance benefits and supplemental security income under the Social Security Act. [2:14-cv-08559-JEM] Social Security C. CA Subm.
15-56028Laurie B LLC v. Wells Fargo Bank - Wells Fargo Bank N.A. appeals the district court's summary judgment in favor of Laurie B LLC in Laurie's diversity action alleging conversion and failure to exercise ordinary care, arising when Wells Fargo accepted 64 checks. [2:14-cv-03942-DMG-SS] Civil C. CA 15 min
15-56029Ramona Rocheleau v. Microsemi Corp. - An appeal from the district court's summary judgment on a retaliation claim under the Sarbanes Oxley Act. [8:13-cv-01774-CJC-JPR] Civil C. CA 15 min
15-56034
15-56047
Richard Zanowick v. Baxter Healthcare Corp. - Baxter Healthcare Corporation and Fisher Scientific Company, LLC appeal the district court's order granting the motion of Richard and Joan Zanowick to dismiss without prejudice pursuant to Fed. R. Civ. P. 41(a)(2) of their diversity action. [2:14-cv-06519-WGY-PLA]
Civil C. CA Subm.
15-56102Taylor & Lieberman v. Federal Insurance Co. - Taylor & Lieberman appeals the district court's summary judgment in favor of Federal Insurance Company in Taylor's diversity insurance coverage action alleging breach of contract. [2:14-cv-03608-RSWL-SH] Civil C. CA 15 min
15-60047George Ifeorah v. Ryan Flegal - An appeal from the Bankruptcy Appellate panel's affirmance of the bankruptcy court's judgment after a bench trial in an adversary proceeding alleging the nondischargeability of a debt. [14-1363] Bankruptcy C. CA 15 min


2017-02-14  9:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: D.W. NELSON, TALLMAN, and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
15-50366USA v. Antonio Garcia-Lopez - An appeal from a conviction for illegal reentry. [2:14-cr-00286-BRO-1] Criminal C. CA 10 min
15-56019Aaron Aguirre v. Dave Davey - Appeal from the denial of a habeas corpus petition challenging a conviction for attempted murder. [2:12-cv-00697-JGB-SP] Habeas C. CA Subm.
16-55763Kirk Erichsen v. County of Orange - Kirk and Crystal Erichsen and their children appeal from the district court's denial of their application for a preliminary injunction seeking to enjoin continued adjudication of juvenile dependency proceedings. [2:14-cv-02357-JAK-SS] Civil C. CA Subm.
15-55142The Best Service Co. v. Emily Bayley - An appeal from the district court's affirmance of the bankruptcy court's order regarding violation of the automatic bankruptcy stay. [2:14-cv-07799-BRO] Bankruptcy C. CA 15 min
15-50059 USA v. Christopher Blauvelt - Cherie Brown, David Pritchard, and Cherie Brown appeal their convictions and sentences arising from a fraudulent movie investment scheme. [2:14-cr-00282-R-2] Criminal C. CA 30 min
15-50206        
15-50066 USA v. David Pritchard      
15-50077 USA v. Cherie Brown      
15-50186        


2017-02-14  1:30 pm  Courtroom 3, Richard H. Chambers US Court of Appeals, Pasadena
Before: M. SMITH, and OWENS, Circuit Judges, and HELLERSTEIN (New York Southern), District Judge
Case No. Title Nature Origin Time / Side
15-55678Lee Dodson v. Fedex Corporate Services - Lee Dodson appeals the district court's summary judgment in favor of FedEx Corporate Services, Inc. in Dodson's diversity action alleging employment discrimination and retaliation. [2:14-cv-03733-JFW-AGR] Civil C. CA Subm.
15-56158James Real v. City of Long Beach - James Real appeals from the district court's order in favor of the City of Long Beach in his action alleging that the City's zoning ordinances that regulate tattooing amount to prior restraints on his First Amendment rights. [2:13-cv-01631-R-MAN] Civil C. CA 15 min
15-56199
15-56263
Security National Ins. Co. v. City of Montebello - BRIEFS FILED UNDER SEAL. [2:14-cv-05374-SS]
Civil C. CA Subm.
15-56239Mary Casorio v. Princess Cruise Lines - Mary Ann Casorio appeals the district court's dismissal of her diversity action against Princess Cruise Lines alleging infliction of emotional distress, wrongful death, a survival claim, and a claim under the federal Death on the High Seas Act. [2:14-cv-08916-GHK-AJW] Civil C. CA Subm.
15-60058Stephanie Marshall v. Richard Diamond - An appeal from the Bankruptcy Appellate Panel's dismissal for lack of standing of an appeal from the bankruptcy court's sale order. [15-1024] Bankruptcy C. CA Subm.


2017-02-15  9:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: TALLMAN, and N.R. SMITH, Circuit Judges, and MURPHYIII (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-55906Teresa Avilez v. Nancy Berryhill - Teresa Avilez appeals the district court's decision affirming the Commissioner of Social Security's denial of Avilez's application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. [5:14-cv-00732-JPR] Social Security C. CA Subm.
15-55919Amy Prien v. Grover Trask - An appeal from the dismissal of an action for failure to prosecute and failure to obey court orders. [2:05-cv-06977-RSWL-E] Civil C. CA Subm.
15-56200Nanci Gomez v. Guthy-Renker, LLC - An appeal from the dismissal of a RICO case. [5:14-cv-01425-JGB-KK] Civil C. CA 10 min
15-55760Evangeline Red v. Kraft Foods Inc. - Evangeline Red and others, and their attorneys appeal the district court's order denying in part their two motions for attorneys' fees, arising from plaintiffs' underlying diversity putative class action brought against Kraft Foods, Inc. [2:10-cv-01028-GW-AGR] Civil C. CA 15 min
15-55777Los Angeles Lakers, Inc. v. Federal Insurance Co. - Los Angeles Lakers, Inc. appeals the district court's dismissal of the Lakers' insurance coverage action, removed to federal court under diversity jurisdiction, alleging that the Federal Insurance Company had a duty to defend the Lakers. [2:14-cv-07743-DMG-SH] Civil C. CA 15 min
15-55792Jorge Galindo v. City of Orange - Jorge Galindo appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging excessive force when a City of Orange police officer shot him. [8:14-cv-00179-AG-RNB] Pr Non-HC C. CA 15 min


2017-02-15  9:00 am  Courtroom 3, Richard H. Chambers US Court of Appeals, Pasadena
Before: M. SMITH, and OWENS, Circuit Judges, and KORMAN (New York Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-55718Richard Tjaden v. HSBC Bank USA - An appeal from the dismissal of a RICO action challenging defendants' authority to collect mortgage payments and foreclose on real property. [3:13-cv-03173-JM-DHB] Civil S. CA Subm.
15-55728Kathleen Gates v. MCT Group, Inc. - An appeal from the district court's summary judgment in an action under the Fair Debt Collection Practices Act. [3:13-cv-02611-MMA-DHB] Civil S. CA Subm.


2017-02-16  9:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: TALLMAN, and N.R. SMITH, Circuit Judges, and MURPHYIII (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-56175Raymond Goodlow v. City of El Cajon - Raymond Goodlow appeals from the district court's order denying his Fed. R. Civ. P. 59(a) motion for a new trial, following a jury verdict, in his 42 U.S.C. § 1983 action alleging the use of deadly force by a City of El Cajon police officer. [3:13-cv-01524-DMS-NLS] Civil S. CA Subm.
15-56343Martin Spann v. City of Los Angeles - An appeal from the district court's summary judgment in an action under the Uniformed Services Employment and Reemployment Act. [2:14-cv-01751-AB-AGR] Civil C. CA Subm.
15-56402Michael Sato v. Orange Cty. Dept. of Education - Michael Sato appeals from the district court's dismissal of his action brought against the Orange County Department of Education arising from his employment termination. [8:15-cv-00311-JLS-JCG] Civil C. CA 20 min
15-56452E.F. v. Newport Mesa Unified Sch. Dist - An appeal from the district court's judgment in an action under the Individuals with Disabilities Act, the Rehabilitation Act, and the Americans with Disabilities Act. [8:14-cv-00455-CJC-RNB] Civil C. CA 10 min


2017-02-16  1:30 pm  Courtroom 3, Richard H. Chambers US Court of Appeals, Pasadena
Before: M. SMITH, and OWENS, Circuit Judges, and HELLERSTEIN (New York Southern), District Judge
Case No. Title Nature Origin Time / Side
14-70444Lijuan Bian v. Jefferson Sessions - A citizen of China petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
15-56010Matthew McKinley v. Southwest Airlines Co. - An appeal from the dismissal of unpaid overtime claims under California law. [2:15-cv-02939-AB-JPR] Civil C. CA Subm.
15-56236Placido Valdez v. Terminix Int'l Co. - An appeal from the district court's denial in part of a motion to compel arbitration. [2:14-cv-09748-DDP-E] Civil C. CA Subm.
15-56260Ned Flores v. Adir International, LLC - An appeal from the dismissal of an action under the Telephone Consumer Protection Act. [2:15-cv-00076-AB-PLA] Civil C. CA 10 min
15-56475David Armstrong v. Kristi Kaplon - An appeal from the district court's affirmance of the bankruptcy court's summary judgment in an adversary proceeding concerning the nondischargeability of a criminal restitution debt. [2:14-cv-09349-JAK] Civil C. CA Subm.
13-72901Aman Rahman v. Jefferson Sessions - Citizens of Bangladesh 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 15 min
15-55924George Williams v. Yamaha Motor Corp. USA - George Williams and others appeal the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their diversity putative class action against Yamaha Motor Corporation, U.S.A. [2:13-cv-05066-BRO-VBK] Civil C. CA 15 min


2017-02-17  9:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: TALLMAN, and N.R. SMITH, Circuit Judges, and MURPHYIII (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
14-70000Ernesto Estrada-Escamilla v. Jefferson Sessions - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of his motion to reopen and rescind an in absentia deportation order. Immigration BIA Subm.
14-72820Silvia Escalante-Tellez v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' finding that an Immigration Judge provided her a full and fair hearing. Immigration BIA Subm.
15-56426Jimmie Carter v. Amgen, Inc. - Jimmie Carter appeals the district court's dismissal of her diversity putative class action brought against Amgen, Inc., relating to payments made from 2004 to 2007 for Aransep, an Amgen drug. [2:15-cv-03329-PSG-AGR] Civil C. CA 10 min
15-55677IKB International S.A., etc. v. Bank of America - BRIEFS SEALED [2:12-cv-06151-MRP-MAN] Civil C. CA 15 min
15-55684
15-55892
Justin Maghen v. Quicken Loans Inc. - Justin Maghen appeals the district court's summary judgment in his putative class action alleging that Quicken Loans, Inc. violated Cal. Penal Code § 632.7 by recording a cell phone call, and Quicken cross-appeals. [2:14-cv-03840-DMG-FFM]
Civil C. CA Subm.
15-55890Linda Rubenstein v. Neiman Marcus Group - Linda Rubenstein appeals the district court's dismissal of her diversity putative class action brought against The Neiman Marcus Group LLC, alleging that Neiman Marcus misrepresented the nature of the goods for sale at its Last Call stores. [2:14-cv-07155-SJO-JPR] Civil C. CA 15 min


2017-02-17  11:00 am  Courtroom 1, Richard H. Chambers US Court of Appeals, Pasadena
Before: D.W. NELSON, TALLMAN, and N.R. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
14-70645Irene Chavez-De-Estrada v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of her application for deferral of removal under the Convention Against Torture. Immigration BIA 10 min


2017-02-17  10:00 am  Courtroom 2, Richard H. Chambers US Court of Appeals, Pasadena
Before: REINHARDT, KOZINSKI, and WARDLAW, Circuit Judges
Case No. Title Nature Origin Time / Side
14-99001William Kirkpatrick, Jr. v. Kevin Chappell - California state prisoner William Kirkpatrick appeals the denial of his habeas corpus petition challenging his conviction and capital sentence for two first-degree murders. [2:96-cv-00351-WDK] DP HC C. CA 30 min


2017-02-17  8:30 am  Courtroom 3, Richard H. Chambers US Court of Appeals, Pasadena
Before: M. SMITH, and OWENS, Circuit Judges, and KORMAN (New York Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-56079Kevin Park v. Webloyalty.com, Inc. - An appeal from the dismissal of an action under the Electronic Funds Transfer Act and the Electronic Communications Privacy Act. [3:12-cv-01380-LAB-JMA] Civil S. CA 15 min
15-56430Michael Mandelbrot v. JT Thorpe Settlement Trust - An appeal from the district court's affirmance of the bankruptcy court's order enforcing a settlement agreement in adversary proceedings. [2:14-cv-03883-VAP] Bankruptcy C. CA 15 min
15-56848S. B. v. County of San Diego - San Diego Sheriff's Deputy Adrian Moses appeals from the denial of qualified immunity in a 42 U.S.C. § 1983 action brought by a minor, individually and as successor in interest to David Brown, who was shot and killed by Moses. [3:14-cv-00072-JAH-WVG] Civil S. CA 15 min
15-55630Patrick Maloney v. T3Media, Inc. - Briefs filed under seal. [2:14-cv-05048-AB-VBK] Civil C. CA 20 min
15-55806Defenders of Wildlife v. Sally Jewell - Defenders of Wildlife appeals the district court's summary judgment in favor of federal officials in an action, concerning the impacts of the Silver State South solar project on the tortoise and its habitat. [2:14-cv-01656-MWF-RZ] Civil C. CA 20 min


Location Address


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


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A Time / Side value of "Subm." indicates the case will be submitted on the briefs.