United States Court of Appeals for the Ninth Circuit
Calendar for William K. Nakamura Courthouse, Seattle Washington

June 5-9, 2017
June 12-16, 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.


2017-06-05  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: FERNANDEZ, CALLAHAN, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
16-35499Charles Momah v. Jeffrey Uttecht - A Washington state prisoner appeals the denial of his habeas corpus petition challenging his convictions for rape and indecent liberties. [2:15-cv-00536-JCC] Habeas W. WA 10 min
14-30180 USA v. Mark Ellison - Appeal from securities fraud convictions and sentences. [1:13-cr-00091-BLW-2] Criminal ID 20 min
14-30183 USA v. David Swenson      
14-30184 USA v. Jeremy Swenson      
14-30185 USA v. Douglas Swenson      
15-35705Core-Mark International, Inc. v. The Montana Board of Livestock - Core-Mark International appeals from the dismissal of its action challenging regulations governing the distribution and sale of grade A milk within the State of Montana. [6:15-cv-00005-SEH] Civil MT Subm.


2017-06-06  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: FERNANDEZ, CALLAHAN, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
15-36003Glenn Eagleman v. Rocky Boys Chippewa-Cree - An appeal from the dismissal of an action on the basis of tribal sovereign immunity. [4:14-cv-00073-BMM] Civil MT 10 min
15-60072Martin Frantz v. David Gardner - An appeal from the Bankruptcy Appellate Panel's order denying a motion for an extension of time to appeal. [15-1060] Bankruptcy ID Subm.
16-30120
16-30123
USA v. Eric Nelson - Appeal from conviction for possession of heroin, methamphetamine, and cocaine base with intent to distribute, and the revocation of supervised release. [2:95-cr-00854-RAJ-1]
 
Criminal W. WA Subm.
11-73579
13-72038
Jhony Lopez-Garcia v. Jefferson Sessions - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' decision determining that there are serious reasons to believe he committed serious non-political crimes outside the U.S. and denying relief from removal.
Immigration BIA 15 min
15-35028
15-35029
CallerID4u, Inc. v. MCI Communications Servs. - An appeal from the dismissal of a competitive local exchange carrier's claims regarding charges for calls made to telemarketing companies' "do-not-call" numbers. [2:14-cv-00654-TSZ]
Civil W. WA 15 min


2017-06-07  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: McKEOWN, CALLAHAN, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
14-99002Frank Atwood v. Charles Ryan - Arizona state prisoner Frank Atwood appeals the denial of his habeas corpus petition challenging his death sentence. [4:98-cv-00116-JCC] DP HC AZ 30 min


2017-06-08  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: McKEOWN, CALLAHAN, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
15-35340Sara Rhodes v. Ryan Barnett - Ryan and Sharon Barnett appeal the district court's order awarding attorneys' fees and an order of remand in an action brought by Sara Rhodes against the Barnetts and Stadtmueller & Associates PS. [2:14-cv-00400-SAB] Civil E. WA Subm.
15-35892Anthony Chaney v. Daniel Wadsworth - Anthony Chaney appeals the summary judgment in his action alleging that several City of Ronan, Montana officers violated his federal and state Constitutional rights when they detained him, cuffed him and used excessive force against him. [9:14-cv-00177-DWM] Civil MT Subm.
16-30052USA v. Benjamin McChesney - Appeal from denial of motion for new trial based on alleged improper jury contact. [1:12-cr-00066-SPW-1] Criminal MT 10 min
16-30087USA v. Satyen Chatterjee - Appeal of conviction for wire fraud. [2:15-cr-00179-TSZ-1] Criminal W. WA Subm.
14-35898
14-36091
Campidoglio LLC v. Wells Fargo & Company - BRIEFS SEALED. [2:12-cv-00949-TSZ]
Civil W. WA 15 min
14-36100W. Olson v. Edwina Uehara - Gary Olson appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action arising from his dismissal as the Assistant Dean for Student Affairs at the University of Washington's School of Social Work. [2:13-cv-00782-RSM] Civil W. WA Subm.
15-70520
15-70630
Space Needle, LLC v. NLRB - Space Needle, LLC petitions for review, and the National Labor Relations Board petitions for enforcement of its order in an unfair labor practices action under the National Labor Relations Act. [19-CA-098988]
Agency 10 min


2017-06-09  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: McKEOWN, CALLAHAN, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
15-30238USA v. Mario Villegas - Appeal from conviction and sentence for conspiracy to distribute methamphetamine and to possess with intent to distribute, and for possession with intent to distribute methamphetamine. [1:14-cr-00038-SPW-9] Criminal MT Subm.
15-35263
15-35267
Quinault Indian Nation v. Mary Pearson - Appeals from the dismissal of claims as barred by the sovereign immunity of the Quinault Indian Nation. [3:10-cv-05345-BHS]
Civil W. WA Subm.
15-35261
15-35268
Robert Comenout, Sr. v. Robert Whitener, Jr. - Appeals from the dismissal of a RICO action for failure to join the Quinault Indian Nation as a defendant. [3:15-cv-05054-BHS]
Civil W. WA Subm.
11-73257Lilia Silva v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of her motion to reopen. Immigration BIA Subm.
14-35790Boualem Habib v. Matson Navigation Co. - An appeal from the district court's summary judgment in a Title VII employment discrimination action. [2:12-cv-01906-RSM] Civil W. WA Subm.


2017-06-12  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: D.W. NELSON, M. SMITH, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-35133Steven Fager v. Clallam County - Appeal from the dismissal of a civil rights action arising from events surrounding a search, seizure, arrest and prosecution of plaintiffs and termination of plaintiff Ted DeBray's employment as County Deputy Prosecuting Attorney. [3:14-cv-05940-RJB] Civil W. WA 15 min
15-35180
15-35242
Brent Nicholson v. Thrifty Payless Inc - Brent Nicholson and limited liability companies appeal, and Thrifty Payless Inc. and Rite Aid Corporation cross appeal, the district court's summary judgment in a diversity action alleging wrongful termination of leases and guaranties. [2:12-cv-01121-RSL]
Civil W. WA 15 min
15-35414
15-35457
15-35696
Richard Lehman v. Warner Nelson - Appeals from the district court's summary judgment and award of attorneys' fees in an ERISA class action regarding pension fund contributions. [2:13-cv-01835-RSM]

Civil W. WA 20 min
16-35801Joseph Kennedy v. Bremerton School District - Football coach appeals the denial of a preliminary injunction in his action alleging that Bremerton School District violated his right to religious expression when it suspended him for engaging in prayer at the conclusion of school football games. [3:16-cv-05694-RBL] Civil W. WA 20 min


2017-06-13  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: D.W. NELSON, M. SMITH, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-35707
15-35753
Montanore Minerals Corp. v. Arnold Bakie - Arnold Bakie, Optima, Inc. and Frank Duval appeal the district court's judgment in favor of Montanore Minerals Corporation in Montanore's diversity condemnation action concerning mining claims, and Montanore cross appeals. [9:13-cv-00133-DLC]
Civil MT 15 min
15-35870Breanne Walden v. Maryland Casualty Co. - Plaintiffs appeal the district court's summary judgment in favor of Maryland Casualty Company in plaintiffs' diversity insurance coverage action. [9:13-cv-00222-DLC] Civil MT Subm.
15-35888Incarnacion Speaks v. Mazda Motor Corp. - Incarnacion Speaks appeals the district court's judgment, following a jury trial, in favor of Mazda Motor Corporation in Speaks' diversity products liability action, alleging that Mazda's restraint system was defectively designed. [9:14-cv-00025-DLC] Civil MT 15 min
16-30014USA v. Muhammed Tillisy - Appeal from conviction and sentence for false representation to federal agency, impersonating a federal officer, mail fraud, obtaining confidential phone records by fraud, and aggravated identity theft. [2:13-cr-00310-RSL-1] Criminal W. WA Subm.
16-35856Alliance for the Wild Rockies v. Jim Pena - Alliance for the Wild Rockies appeals interlocutorily the district court's order denying its motion for a preliminary injunction against the U.S. Forest Service alleging violations of environmental laws in the North Fork Mill timber project. [2:16-cv-00294-RMP] Civil E. WA 15 min


2017-06-14  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BYBEE, M. SMITH, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
14-36064Alan Wood v. Nancy Berryhill - Alan Wood appeals the district court's decision affirming the Commissioner of Social Security's denial of Wood's application for supplemental security income under Title XVI of the Social Security Act. [3:14-cv-05077-BHS] Social Security W. WA Subm.
14-35916Robert McGee v. Nancy Berryhill - Robert McGee appeals the district court's decision affirming the Commissioner of Social Security's denial of McGee's application for supplemental security income under Title XVI of the Social Security Act. [2:13-cv-02230-RSL] Social Security W. WA Subm.
15-35404Sherri Roberts v. Randy Elliott - Sherri Roberts appeals the district court's summary judgment in favor of federal defendants in an action alleging that Bureau of Indian Affairs Law Enforcement Officers violated her constitutional rights and violated the Federal Tort Claims Act. [1:13-cv-00026-SEH] Civil MT Subm.
15-35679Crow Allottees Ass'n v. US Bureau of Indian Affairs - Crow Allottees Association appeals the district court's judgment in a putative class action against the Bureau of Indian Affairs, challenging the Water Compact entered into between the Crow Tribe, the State of Montana, and the United States. [1:14-cv-00062-SPW] Civil MT 15 min
15-55337Maria Alfaro v. Deborah Johnson - Appeal from judgment vacating capital sentence. [2:07-cv-07072-CJC] Habeas C. CA 20 min


2017-06-15  1:30 pm  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BYBEE, M. SMITH, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
13-72642Jeff Waikao v. Jefferson Sessions - A citizen of Kenya 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 Subm.
15-35143Seafarers Pension Plans v. Microsoft Corp. - An appeal from the dismissal of a putative securities fraud class action. [2:13-cv-02039-RSM] Civil W. WA Subm.
15-35150BWP Media USA Inc. v. Rich Kids Clothing Co. - An appeal from the district court's summary judgment and imposition of a discovery sanction in a copyright case. [2:13-cv-01975-MAT] Civil W. WA Subm.
15-35688Deanna Everett v. American General Life Ins. - Deanna Everett appeals the district court's summary judgment in favor of American General Life Insurance Company in Everett's diversity insurance coverage action arising out of the passing of John Whitley. [1:14-cv-00121-BLW] Civil ID 15 min
15-35718Lynn Sorenson v. City of Caldwell - An appeal from the district court's summary judgment in an action under the Age Discrimination in Employment Act. [1:14-cv-00221-BLW] Civil ID 15 min


2017-06-16  1:30 pm  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BYBEE, and M. SMITH, Circuit Judges, and DORSEY (Nevada), District Judge
Case No. Title Nature Origin Time / Side
13-72600Jeidy Esquivel-Rubinos v. Jefferson Sessions - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of cancellation of removal, asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA Subm.
16-30107USA v. Joseph Lee - Appeal from conviction for assault with intent to commit aggravated sexual abuse and assault with the intent to commit abusive sexual contact. [4:15-cr-00063-BMM-1] Criminal MT Subm.
16-30137USA v. Olaf Haugen - Appeal from conviction and sentence for aggravated sexual abuse. [1:15-cr-00005-SPW-1] Criminal MT Subm.
16-30191USA v. Seivert RunningCrane - Appeal from conviction for aiding and abetting an assault resulting in serious bodily injury. [4:16-cr-00017-BMM-1] Criminal MT Subm.
16-30078USA v. William Wilkinson - Appeal from conviction and sentence for sexual exploitation of children, possession of child pornography, and access with intent to view child pornography. [1:14-cr-00168-BLW-1] Criminal ID 15 min
15-35990Mark French v. Blair Jones - Mark French appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action challenging Montana Code of Judicial Conduct, Rule 4.1(A)(7), on First Amendment grounds. [4:14-cv-00057-SEH] Civil MT 20 min


Location Address


U.S. Court of Appeals for the Ninth Circuit
William K. Nakamura U.S. Courthouse
1010 Fifth Avenue
Seattle WA 98104


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