United States Court of Appeals for the Ninth Circuit
Calendar for James R. Browning U.S. Courthouse, San Francisco

July 10-14, 2017
July 17, 2017
July 21, 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.


2017-07-10  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, and FRIEDLAND, Circuit Judges, and GUILFORD (California Central), District Judge
Case No. Title Nature Origin Time / Side
16-10253USA v. Vladimir Handl - Appeal from conviction for racketeering, money laundering, and conspiracy to distribute a controlled substance. [3:15-cr-00126-WHA-1] Criminal N. CA Subm.
15-10571USA v. Marcus Belton - Appeal from conviction for being a felon in possession of a firearm. [4:14-cr-00030-JST-1] Criminal N. CA 15 min
16-70165
16-70166
J. Bell v. CIR - Taxpayers appeal a Tax Court decision on petitions for redetermination of federal income tax deficiencies challenging treatment of a transfer of assets by Michael and Sandra Bell to MBA Real Estate as a capital contribution instead of a sale. [11917-12]
Tax Court N. CA Subm.
16-70265Canna Care, Inc. v. CIR - Taxpayer appeals a Tax Court decision disallowing business expense deductions under IRC § 280E because taxpayer was engaged in the sale of marijuana, a Schedule I controlled substance. [5678-12] Tax Court N. CA 15 min
16-10112 USA v. Martha Solano - Appeals from convictions for conspiracy with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, conspiracy to import methamphetamine, and importation of methamphetamine. [4:14-cr-01558-CKJ-CRP-1] Criminal AZ 20 min
16-10113 USA v. Brenda Mendoza-Bojorquez      


2017-07-10  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, and N.R. SMITH, Circuit Judges, and LYNN (Texas Northern), Chief District Judge
Case No. Title Nature Origin Time / Side
15-17095Gayle Winter v. Nancy Berryhill - Gayle Winter appeals the district court's decision affirming the Commissioner of Social Security's denial of Winter's application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. [1:13-cv-01314-GSA] Social Security E. CA Subm.
16-15102Kevin Cairns v. County of El Dorado - Kevin and Nancy Cairns appeal from the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their 42 U.S.C.§ 1983 action alleging Defendant County of El Dorado deprived them of their civil rights by arresting and prosecuting Kevin Cairns. [2:15-cv-00814-MCE-CKD] Civil E. CA Subm.
16-15169Chadrick Roy v. Contra Costa County - Chadrick Roy appeals from the district court's Fed. R. Civ. P. 12(b)(6) dismissal of his 42 U.S.C. § 1983 action alleging he was subjected to wrongful arrest and incarcerated under abusive conditions in a Contra Costa County detention facility. [3:15-cv-02672-TEH] Civil N. CA Subm.
15-17259
15-17260
Jose Non v. Comcast, Inc. - Jose Non appeals the district court's summary judgment in favor of his former employer, Comcast, Inc. in Non's diversity action alleging discrimination; and Non's attorney Daniel Bacon appeals the district court's order of sanctions. [3:14-cv-01845-VC]
Civil N. CA 15 min
15-17439Venture Corporation v. James Barrett - James Barrett appeals the district court's judgment, following a jury trial and judgment as a matter of law, in favor of Venture Corporation, Ltd in Barrett's diversity action, alleging claims concerning ownership of three patents and inventions. [5:13-cv-03384-PSG] Civil N. CA 15 min
16-15022
16-15024
American Family Mutual Ins. v. Paul Taylor - Plaintiffs appeal the district court's summary judgment in favor of American Family Mutual Insurance Company in American Family's diversity insurance coverage action. [2:14-cv-00934-GMN-GWF]
Civil NV 15 min


2017-07-11  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, and FRIEDLAND, Circuit Judges, and MARSHALL (California Central), District Judge
Case No. Title Nature Origin Time / Side
12-72866Zhi Liu v. Jefferson Sessions - Citizens of China petition for review of the Board of Immigration Appeals' denial of asylum and withholding of removal. Immigration BIA Subm.
15-16992John Clarke v. Nancy Berryhill - John Clarke appeals the district court's decision affirming the Commissioner of Social Security's denial of Clarke's application for disability insurance benefits under Title II of the Social Security Act. [2:14-cv-02350-GMS] Social Security AZ 10 min
15-17335Brock Williams v. Bank of America - Patricia and Sylvia Williams appeal the district court's dismissal of their diversity action brought against Bank of America and U.S. Bank Nat'l Assoc., alleging quiet title and other claims after they defaulted on their deed of trust loans. [5:15-cv-00792-LHK] Civil N. CA Subm.
15-17382Amanda Frlekin v. Apple Inc. - An appeal from the district court's summary judgment in a labor law case. [3:13-cv-03451-WHA] Civil N. CA 15 min
16-10157USA v. Robin Dimiceli - Appeal from conviction and sentence for mail fraud and false statements on credit applications in relation to the mortgage fraud scheme [2:12-cr-00328-WBS-4] Criminal E. CA 10 min
15-16964Chase Aldridge v. Nancy Berryhill - Chase Aldridge appeals the district court's decision affirming the Commissioner of Social Security's denial of Aldridge's application for supplemental security income under Title XVI of the Social Security Act. [2:14-cv-00755-SPL] Social Security AZ Subm.


2017-07-11  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, and N.R. SMITH, Circuit Judges, and LYNN (Texas Northern), Chief District Judge
Case No. Title Nature Origin Time / Side
14-71198Tenzee Lama-Sherpa v. Jefferson Sessions - A citizen of Nepal petitions for review of the Board of Immigration Appeals' denial of his motion seeking to reopen removal proceedings based on changed country conditions. Immigration BIA 10 min
14-71654Ramzan Chaudhry v. Jefferson Sessions - A citizen of Pakistan 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.
14-72134Andrey Cherba v. Jefferson Sessions - A citizen of Ukraine petitions for review of the Board of Immigration Appeals' denial of his motion seeking to reopen removal proceedings based on changed country conditions. Immigration BIA Subm.
15-16890Diana Woodmass v. Nancy Berryhill - Diana Woodmass appeals the district court's decision affirming the Commissioner of Social Security's denial of Woodmass's application for disability insurance benefits and supplemental security income under the Social Security Act. [2:14-cv-00895-ESW] Social Security AZ 15 min
15-17028Tuni Hernandez v. Nancy Berryhill - Tuni Hernandez appeals the district court's decision affirming the Commissioner of Social Security's denial of Hernandez's application for disability insurance benefits and supplemental security income under the Social Security Act. [2:14-cv-02142-CKD] Social Security E. CA 15 min
15-60076David N. Chandler, P.C. v. Deborah McIntosh - An appeal from the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's order disallowing attorneys' fees on the basis of counsel's violation of ethical duties. [15-1029] Bankruptcy N. CA 15 min


2017-07-12  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, and FRIEDLAND, Circuit Judges, and MARSHALL (California Central), District Judge
Case No. Title Nature Origin Time / Side
09-72065Estela Hernandez De Montes v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of a motion seeking to reopen removal proceedings based on changed circumstances. Immigration BIA 10 min
15-72473Marcos Aguilar-Rodriguez v. Jefferson Sessions - A citizen of El Salvador, who fears harm based on his former gang membership and gang tattoos, petitions for review of the Board of Immigration Appeals' denial of withholding of removal. Immigration BIA 10 min
16-10420USA v. Keith Hopkins - The United States appeals the district court's order granting a motion to suppress evidence in a case in which the defendant is charged with firearm and drug offenses. [4:15-cr-00545-YGR-1] Criminal N. CA Subm.
15-16682Contest Promotions v. City & County of San Francisco - Contest Promotions appeals from the district court's dismissal of its civil rights action challenging the City of San Francisco's business sign ordinance. [3:15-cv-00093-SI] Civil N. CA 15 min
17-15213
17-15909
Contest Promotions v. City & County of San Francisco - Appeals in an action seeking to enjoin enforcement of a San Francisco sign ordinance on First Amendment grounds. [3:16-cv-06539-SI]
Civil N. CA Subm.
16-16829Victor Gresham v. Michael Picker - An appeal from the denial of a preliminary injunction in an action challenging, on First Amendment grounds, California Public Utility Code's ban on political "robocalls." Cal. Pub. Util Code §§ 2872, 2874(a) and 2876. [2:16-cv-01848-JAM-CKD] Civil E. CA 15 min


2017-07-12  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, and N.R. SMITH, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
14-70388Hector Luna-Cabriales v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding him removable and ineligible for relief from removal. Immigration BIA Subm.
15-16827Neil Goldberg v. James Cameron - An appeal from the dismissal of an action alleging copyright infringement and breach of implied contract. [5:15-cv-02556-RMW] Civil N. CA 10 min
15-16946Melissa Petrini v. Nancy Berryhill - Melissa Petrini appeals the district court's decision affirming the Commissioner of Social Security's denial of Petrini's application for supplemental security income under Title XVI of the Social Security Act. [3:14-cv-01583-JD] Social Security N. CA 10 min
15-17212Harold Davis v. PTF for Operating Engineers - An appeal from the district court's summary judgment in an ERISA case. [3:14-cv-00853-JSC] Civil N. CA 15 min
15-17470Arthur Gray v. County of Kern - An appeal from the district court's summary judgment in an action under Title II of the Americans with Disabilities Act and § 504 of the Rehabilitation Act regarding the accessibility of Kern Medical Center. [1:14-cv-00204-LJO-JLT] Civil E. CA 15 min
16-15469Naruto v. David Slater - An appeal from the dismissal for lack of standing of a copyright case brought by a crested macaque, alleging infringement of photographs known as the "Monkey Selfies." [3:15-cv-04324-WHO] Civil N. CA 15 min


2017-07-13  9:00 am  -, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and MURGUIA, Circuit Judge, and BAYLSON (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-15205
16-15078
16-15134
Michael DeMartini v. Thomas Johns - Thomas Johns and Johns & Allyn, APC appeal the district court's order denying Johns' motion to vacate an arbitration malpractice award. [3:12-cv-03929-JCS]

Civil N. CA 10 min


2017-07-13  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, and FRIEDLAND, Circuit Judges, and FOGEL (California Northern), District Judge
Case No. Title Nature Origin Time / Side
15-16059USA v. Juan Martinez-Carranza - A federal prisoner appeals the denial of his motion challenging his sentence for possession with intent to distribute a controlled substance. [1:15-cv-00206-AWI] Habeas E. CA Subm.
15-17394Eduardo Alvarez v. Fred Foulk - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for robbery and false imprisonment by violence. [2:14-cv-00029-JKS] Habeas E. CA Subm.
16-10131USA v. Edward Rzewnicki - Appeal from conviction for being a felon in possession of firearms and ammunition. [4:14-cr-01155-RCC-BGM-1] Criminal AZ 10 min
16-15507Pyramid Lake Paiute Tribe v. BD Truckee Carson Irrig. Dist. - Pyramid Lake Paiute Tribe of Indians appeals the district court's judgment in favor of the Tribe and the United States and against the Truckee-Carson Irrigation District for excess diversions and spills of Truckee River water in 1985 and 1986. [3:95-cv-00757-HDM] Civil NV 15 min
16-16832
16-16905
Oracle USA, Inc. v. Rimini Street, Inc. - Appeals from the district court's judgment after a jury trial on claims of copyright infringement and computer abuse. [2:10-cv-00106-LRH-VCF]
Civil NV 20 min


2017-07-13  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, and N.R. SMITH, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
16-10171USA v. Edwin Parker - Appeal from conviction for bank robbery. [2:15-cr-00991-SPL-1] Criminal AZ Subm.
16-10236USA v. Tony Miller - Tony Miller appeals his conviction for being a felon in possession of a firearm. [4:15-cr-00197-JD-1] Criminal N. CA 10 min
16-10320USA v. Fernando Perez-Hernandez - Appeal from conviction for being a deported alien found in the United States. [2:15-cr-00132-MCE-1] Criminal E. CA Subm.
15-10540USA v. Hubert Rotteveel - Appeal from conviction for mail fraud affecting a financial institution. [2:11-cr-00447-WBS-1] Criminal E. CA 15 min
15-17131Tarvey Rego v. Stu Sherman - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first degree murder. [3:14-cv-00187-VC] Habeas N. CA 15 min
16-15784Irma Woodward v. City of Tucson - City of Tucson police officers appeal from the denial, on summary judgment, of their motion for qualified immunity in a 42 U.S.C. § 1983 action alleging unreasonable deadly force when defendants shot and killed Michael Duncklee. [4:15-cv-00077-RM] Civil AZ 15 min


2017-07-14  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: GRABER, and FRIEDLAND, Circuit Judges, and FOGEL (California Northern), District Judge
Case No. Title Nature Origin Time / Side
14-70242Samir Lamichhane v. Jefferson Sessions - A citizen of Nepal petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
14-71862Rajbir Singh v. Jefferson Sessions - A citizen of India 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.
15-17189No Casino in Plymouth v. Ryan Zinke - No Casino in Plymouth and Citizens Equal Rights Alliance appeal the district court's summary judgments in favor of federal defendants and intervenor Ione Band of Miwok Indians in an action challenging a Department of Interior Record of Decision. [2:12-cv-01748-TLN-CMK] Civil E. CA 15 min
15-17253County of Amador v. U.S. Dept. of Interior - The County of Amador appeals the district court's summary judgments in favor of federal officials and intervenor Ione Band of Miwok Indians in the County's action, challenging a Record of Decision issued by the Department of the Interior. [2:12-cv-01710-TLN-CKD] Civil E. CA 15 min
15-17074Nicole Thompson v. TRW Automotive U.S. LLC - TRW Automotive U.S. LLC appeals the district court's judgment in favor of Nicole Thompson in a diversity strict products liability action, arising after Thompson sustained injuries in an automobile accident in which the airbag did not deploy. [2:09-cv-01375-JAD-PAL] Civil NV 20 min


2017-07-14  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, and N.R. SMITH, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
12-72838Baljinder Kaur v. Jefferson Sessions - Citizens of India petition for review of the Board of Immigration Appeals' denial of their motion to reopen removal proceedings based on changed country conditions. Immigration BIA 10 min
13-16277Gary Easley v. County of Santa Clara - A pro se appeal from the district court's summary judgment in a 42 U.S.C. § 1983 action alleging, among other things, unlawful detention and arrest, unlawful vehicle impoundment and unlawful search and seizure. [5:10-cv-05635-EJD] Civil N. CA Subm.
16-17227Winnie Fang v. Merrill Lynch, Pierce, Fenner - Winnie Fang, M.D. appeals interlocutorily the district court's order denying her motion for a preliminary injunction in her diversity class action with Merrill Lynch, concerning FINRA arbitration. [3:16-cv-06071-JD] Civil N. CA Subm.
15-10319 USA v. David Ball - Five defendants appeal their convictions and sentences for conspiracy, wire fraud, and mail fraud, arising from a scheme to seize control of and defraud condominium development homeowners associations. [2:13-cr-00018-JCM-GWF-10] Criminal NV 20 min
15-10333 USA v. Keith Gregory      
15-10369 USA v. Edith Gillespie      
15-10371 USA v. Salvatore Ruvolo      
15-10421 USA v. Leon Benzer      
15-10422        
14-74025Louis Lyons v. Jefferson Sessions - A citizen of Jamaica petitions for review of the Board of Immigration Appeals' decision denying his motion to reopen. Immigration BIA 10 min


2017-07-17  9:00 am  -, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, GOULD, and M. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
15-15174Natalia Bruton v. Gerber Products Company - Natalia Bruton appeals the district court's summary judgment in her diversity putative class action against Gerber Products Co., alleging that Gerber violated state law by making unlawful and misleading claims on its food product labels. [5:12-cv-02412-LHK] Civil N. CA 10 min


2017-07-21  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: SILVERMAN, TALLMAN, and CLIFTON, Circuit Judges
Case No. Title Nature Origin Time / Side
13-17326
17-15793
17-71465
Robert Ybarra, Jr. v. Timothy Filson - Nevada state prisoner Robert Ybarra, Jr. appeals the district court's denial of his motions to reopen his habeas corpus petition challenging his capital sentence for kidnaping, battery, rape, and murder. [3:00-cv-00233-GMN-VPC]

Habeas NV 30 min


Location Address


U.S. Court of Appeals for the Ninth Circuit
James R. Browning U.S. Courthouse
95 Seventh Street
San Francisco CA 94103


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