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

October 6-10, 2014
October 22, 2014
October 27, 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.


2014-10-06  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: PREGERSON, TALLMAN and BEA, Circuit Judges
Case No. Title Nature Origin Time / Side
10-70488
13-70679
Dolores Mendoza De Cuevas v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' dismissal of her appeal of an Immigration Judge's decision finding her removable for alien smuggling.
Immigration BIA 10 min
11-73365Fernando Ortiz-Romero v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of his motion to reopen. Immigration BIA 10 min
12-70882Rodolfo Arteaga Godinez v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding him removable and denying his application for cancellation of removal. Immigration BIA 10 min
12-56639Harry Boon v. Canon Business Solutions - Harry Boon appeals the district court's Fed. R. Civ. P., 12(b)(6) dismissal in favor of Canon Business Solutions, Inc. in Boon's diversity action seeking relief under California's wage and hour laws. [2:11-cv-08206-R-CW] Civil C. CA 15 min
12-57072Jonathan Sultan v. Medtronic - Jonathan Sultan appeals the district court's judgment in favor of Sultan's former employer, Medtronic, Inc., in Sultan's action, pursuant to diversity jurisdiction and under the federal Fair Labor Standards Act. [2:11-cv-04132-MWF-PLA] Civil C. CA 15 min
12-56674Joshua Ramsey v. NAMM - Plaintiffs appeal the dismissal of their antitrust claim in multidistrict litigation against guitar manufacturers and sellers. [3:09-md-02121-LAB-DHB] Civil S. CA 15 min


2014-10-06  9:00 am  Pasadena Courtroom 3, Pasadena, California
Before: EBEL (Court of Appeals, 10th Circuit), KLEINFELD and GRABER, Circuit Judges
Case No. Title Nature Origin Time / Side
11-55649Jim Davis v. Larry Smalls - California state prisoner Jim Davis appeals from the district court's dismissal of his action alleging that he lost prison privileges as a result of procedural violations that occurred during his disciplinary hearing. [3:09-cv-02922-JLS-POR] Habeas S. CA 10 min
11-57177Juan Ortega v. Fernando Gonzalez - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of attempted murder, shooting at an inhabited dwelling, and assault with a deadly weapon. [2:10-cv-01592-SJO-RZ] Habeas C. CA 10 min
13-50352USA v. Michael Lux - Michael Lux appeals the sentence imposed upon revocation of supervised release. [2:99-cr-00207-ABC-1] Criminal C. CA 10 min
12-57140USA v. Tyrone Ganoe - A federal prisoner appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence after a jury conviction of receipt and possession of child pornography. [2:10-cv-03150-DSF] Habeas C. CA 15 min
13-56441Harold Hall v. Mark Arneson - Harold Hall appeals from the district court's summary judgment in his action alleging that former Los Angeles Police Department detectives Mark Arneson and Kenneth Crocker used deliberately fabricated evidence to cause his conviction. [2:05-cv-01977-ABC-AJW] Civil C. CA 15 min
14-55253Pom Wonderful v. Robert Hubbard, Jr. - Pom Wonderful LLC appeals the district court's denial of a preliminary injunction to enjoin Robert G. Hubbard from selling a pomegranate-flavored energy drink bearing the mark "pom." [2:13-cv-06917-MMM-CW] Civil C. CA 15 min


2014-10-07  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: TALLMAN, BEA and FRIEDLAND, Circuit Judges
Case No. Title Nature Origin Time / Side
11-70604Gerardo Lopez v. Eric Holder, Jr. - 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 10 min
11-72135Armando Flores-Herna v. Eric Holder, Jr. - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his application for adjustment of status. Immigration BIA 15 min
12-50602USA v. Michael Clarkson - Michael Danelle Clarkson appeals his conviction and sentence following his conditional guilty plea to possession with intent to distribute methamphetamine, in violation of 18 U.S.C. § 841(a)(1) and (b)(1)(A)(viii). [2:12-cr-00229-R-1] Criminal C. CA 10 min
13-50096
13-50097
13-50240
13-50241
USA v. Johannes Vermaak - Johannes Vermaak appeals the sentence imposed following his guilty plea to one count of mail fraud, in violation of 18 U.S.C. § 1341, arising from a complex investment fraud scheme. [8:10-cr-00225-CJC-1]
 
 
 
Criminal C. CA 10 min
13-56410USA v. Colin Nathanson - Federal prisoner Colin Nathanson appeals the denial of his motion pursuant to 28 U.S.C. § 2255 challenging the sentence imposed for his conviction by guilty plea to mail fraud arising out of a multi-million-dollar investment fraud scheme. [8:12-cv-01978-CJC] Habeas C. CA 10 min
13-50493USA v. Tyrone Freeman - Tyrone Freeman, who was President of the Service Employees International Union Local 6434, appeals his conviction and sentence for mail fraud, embezzlement of theft of labor union assets, and false statement to a financial institution. [2:12-cr-00734-ABC-1] Criminal C. CA 20 min


2014-10-07  9:00 am  Pasadena Courtroom 3, Pasadena, California
Before: HAWKINS and GRABER, Circuit Judges; and SEDWICK (Alaska), District Judge
Case No. Title Nature Origin Time / Side
12-55221USA v. Darnell Crookshank - A federal prisoner appeals the district court's denial of his petition for writ of audita querela challenging his conviction and life sentence for controlled substance offenses. [2:07-cv-02613-SVW] Habeas C. CA 10 min
12-55231Francisco Ramirez, Jr. v. Pat Vasques - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging an upper term sentence for a firearm enhancement. [5:08-cv-01042-GW-AJW] Habeas C. CA 10 min
13-50123USA v. Rodolfo Gavilanes-Ocaranza - Rodolfo Gavilanes-Ocaranza appeals the district court's judgment revoking his supervised release and the sentence imposed upon revocation. [3:09-cr-01607-L-1] Criminal S. CA 10 min
12-55389Security Service Federal Credi v. First American Title Company - Security Service Federal Credit Union appeals the district court's summary judgment entered in favor of First American Title Insurance Company in Security's diversity insurance coverage action concerning title to twelve properties. [2:10-cv-04824-SJO-VBK] Civil C. CA 15 min
12-56937Rose Johansen v. American General Life Ins. Co. - Rose Johansen appeals the district court's summary judgment in favor of American General Life Insurance Company in Johansen's diversity insurance coverage action. [2:11-cv-06668-SJO-FFM] Civil C. CA 15 min
12-57112Camille Zamorano v. City of San Jacinto - Camille Zamorano and Joe Alex Azmorano, developers who sought to obtain City approval for their planned unit development, appeal from the district court's dismissal of their action against City of San Jacinto and several City Council Members. [5:12-cv-00965-GAF-DTB] Civil C. CA 15 min


2014-10-08  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: PREGERSON, TALLMAN and BEA, Circuit Judges
Case No. Title Nature Origin Time / Side
12-55908Essie Simpson, III v. John Marshall - California state prisoner Essie Simpson III appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by nolo contendere plea to possession of phencyclidine (PCP) for sale. [2:09-cv-01825-MMM-AGR] Habeas C. CA 10 min
12-56230Shawn Khalifa v. Brenda Cash - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction for felony murder. [5:10-cv-01446-GAF-PLA] Habeas C. CA 10 min
13-50322USA v. Manuel Valdez - Manuel Valdez appeals the sentence imposed following his guilty plea to being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326. [2:13-cr-00081-ABC-1] Criminal C. CA 10 min
11-70980Kavita Komal v. Eric Holder, Jr. - Citizens of Fiji petition for review of the Board of Immigration Appeals' denial of their second motion to reopen based on their claims of ineffective assistance of counsel. Immigration BIA 15 min


2014-10-08  9:00 am  Pasadena Courtroom 3, Pasadena, California
Before: EBEL (Court of Appeals, 10th Circuit), KLEINFELD and GRABER, Circuit Judges
Case No. Title Nature Origin Time / Side
11-57177Juan Ortega v. Fernando Gonzalez - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of attempted murder, shooting at an inhabited dwelling, and assault with a deadly weapon. [2:10-cv-01592-SJO-RZ] Habeas C. CA 10 min
08-75177Mingzi Jin v. Eric H. 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 10 min
10-72095Rong Xu 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 10 min
12-57022Mimiele Goulatte v. County of Riverside - Housing vendors who contracted with the County of Riverside to provide housing and care for homeless residents appeal from the dismissal of their action alleging the County retaliated against them for reporting health and safety concerns. [2:11-cv-01740-DDP-JC] Civil C. CA 10 min
13-50569USA v. Roberto Varelas-Garcia - Roberto Varelas-Garcia appeals the sentence imposed following his guilty plea to being a deported alien found in the United States. [3:13-cr-01983-JAH-1] Criminal S. CA 10 min
13-50145USA v. Miguel Quevedo-Cordero - Miguel Quevedo-Cordero appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. [2:12-cr-00898-SJO-1] Criminal C. CA 10 min
13-50306USA v. Efrain Huitron-Rocha - Efrain Huitron-Rocha appeals the sentence imposed following his guilty plea to being a removed alien found in the United States. [3:13-cr-00621-BEN-1] Criminal S. CA 10 min
13-50438USA v. Miguel De La Torre-Jimenez - Miguel De La Torre-Jimenez appeals the sentence imposed following his guilty plea to illegal reentry after deportation in violation of 8 U.S.C. § 1326. [2:12-cr-00828-GHK-1] Criminal C. CA 10 min


2014-10-08  3:00 pm  Pasadena Courtroom 1, Pasadena, California
Before: TALLMAN, BEA and OWENS, Circuit Judges
Case No. Title Nature Origin Time / Side
12-56289Travelers Property Casualty Co v. KB Home Coastal - KB Home Coastal, Inc. appeals the district court's order denying KB's motion to strike under California's Anti-SLAPP statute in Travelers Property Casualty Co.'s diversity action. [2:12-cv-02473-DSF-JC] Civil C. CA 15 min
13-55161Travelers Property Casualty Co v. KB Home Coastal - KB Home Coastal, Inc. and related entities appeal the district court's order denying their motion to strike the first amended complaint pursuant to California's Anti-SLAPP statute arising from a diversity action brought by Travelers Property Cas. Co. [2:12-cv-07198-DSF-JC] Civil C. CA 5 min


2014-10-09  9:30 am  Pasadena Courtroom 1, Pasadena, California
Before: TALLMAN, BEA and OWENS, Circuit Judges
Case No. Title Nature Origin Time / Side
12-99006
13-99000
Brett Pensinger v. Kevin Chappell - A California state prisoner appeals and the Warden cross-appeals the district court's partial denial and partial grant of a 28 U.S.C. § 2254 habeas corpus petition challenging a conviction and capital sentence for murder and kidnapping. [2:92-cv-01928-DSF]
DP HC C. CA 30 min


2014-10-09  9:00 am  Pasadena Courtroom 3, Pasadena, California
Before: HAWKINS and GRABER, Circuit Judges; and SEDWICK (Alaska), District Judge
Case No. Title Nature Origin Time / Side
11-70530Sudan Zhang 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 10 min
12-55312Darin Johnson v. Frank X. Chavez - California state prisoner Darin Johnson appeals the district court's dismissal of his untimely 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of carjacking and robbery with firearm and gang enhancements. [2:11-cv-03099-PSG-RNB] Habeas C. CA 10 min
13-50291USA v. Isai Saaib - Isai Saaib appeals his jury conviction and sentence for bringing in illegal aliens for financial gain, in violation of 8 U.S.C. § 1324(a)(2)(b)(ii), and bringing in illegal aliens without presentation, in violation of 8 U.S.C. § 1324(a)(2)(b)(iii). [3:12-cr-01929-L-1] Criminal S. CA 10 min
11-70500
11-72027
Maurizio Crippa v. Eric Holder, Jr. - A citizen of Italy petitions for review of the removal order entered against him by the United States Immigration and Customs Enforcement and the USCIS's denial of his application for adjustment of status.
Immigration BIA 10 min
12-55406Maurizio Crippa v. USA - A native of Italy appeals the district court's dismissal of his complaint challenging the United States Citizenship and Immigration Service's denial of his application for adjustment of status. [2:11-cv-05811-JST-DTB] Civil C. CA 10 min
12-56733Stan Lee Media v. Stan Lee - Stan Lee Media, Inc., appeals the dismissal of its copyright action as barred by res judicata. [2:07-cv-00225-SVW-SS] Civil C. CA 15 min


2014-10-10  9:00 am  Pasadena Courtroom 1, Pasadena, California
Before: PREGERSON, TALLMAN and BEA, Circuit Judges
Case No. Title Nature Origin Time / Side
10-71049Jorge Puchana Fula v. Eric Holder, Jr. - Citizens of Colombia 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
13-50632USA v. Julio Hernandez - Julio Hernandez appeals the sentence imposed following his guilty plea to illegal reentry after deportation. [8:13-cr-00058-JLS-1] Criminal C. CA 10 min
12-56194Kinzie Noordman v. James Tilton - A California state prisoner appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition challenging her jury conviction for first degree murder and the trial court's jury instructions. [5:09-cv-00409-JFW-JCG] Habeas C. CA 15 min
12-57084Joe Martinez v. Carolyn W. Colvin - Joe Martinez appeals the district court's decision affirming the Commissioner of Social Security's denial of Martinez's application for disability insurance benefits and supplemental security income under the Social Security Act. [3:12-cv-00796-H-NLS] Civil S. CA 15 min


2014-10-10  9:00 am  Pasadena Courtroom 3, Pasadena, California
Before: KLEINFELD, GRABER and OWENS, Circuit Judges
Case No. Title Nature Origin Time / Side
10-73346Hayk Khudaverdyan v. Eric Holder, Jr. - Citizens of Armenia 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
11-70496Bahram Shaffaf v. Eric Holder, Jr. - A citizen of Iran 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
13-50332USA v. Geary Waters, Jr. - Geary Waters, Jr. appeals the district court's order denying his second motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). [5:00-cr-00016-RT-1] Criminal C. CA 10 min
12-50192USA v. Gerald Wolfe - Gerald Wolfe appeals his jury conviction and sentence for conspiracy to commit wire fraud, arising from a mortgage fraud conspiracy. [8:10-cr-00191-AG-1] Criminal C. CA 15 min
12-56748Estate of Manuel Jaminez Chum v. City of Los Angeles - The Estate of Manuel Jaminez Chum appeals from the district court's judgment following a jury trial. Chum was shot and killed by Officer Frank Hernandez of the Los Angeles Police Department. [2:10-cv-08228-MWF-E] Civil C. CA 15 min
12-56784Douglas Campion v. Old Republic Protection Co. - Douglas Campion appeals the district court's judgment in favor of Old Republic Protection Company, Inc. in Campion's putative class action, alleging that Old Republic engaged in improper claims handling and processing practices. [3:09-cv-00748-JMA-NLS] Civil S. CA 15 min


2014-10-22  10:00 am  Pasadena Courtroom 1, Pasadena, California
Before: KOZINSKI , Chief Judge; and THOMAS and GOULD, Circuit Judges
Case No. Title Nature Origin Time / Side
12-70016PSR v. EPA - Physicians for Social Responsibility petition for review of the United States Environmental Protection Agency's approval of the South Coast Air Quality Management District's 2011 Annual Air Quality Monitoring Network Plan. Agency EPA 15 min
12-70079Physicians for Social Responsi v. USEPA - Physicians for Social Responsibility and others petition for review of the United States Environmental Protection Agency's final decision approving the attainment demonstration with PM 2.5 state implementation plan. Agency EPA 15 min
11-73924Committee For A Better Arvin v. USEPA - Community organizations petition for review of a decision of the EPA concerning revisions to the California State Implementation Plan for fine particulate matter in the San Joaquin Valley. Agency EPA 5 min
12-71332Committee For A Better Arvin v. USEPA - Community organizations petition for review of a decision of the EPA approving the San Joaquin Valley's 2007 Ozone Plan and the California Air Resources Board State Strategy for California's 2007 State Implementation Plan. Agency EPA 15 min
12-72358CBE v. EPA - Communities for a Better Environment and California Communities Against Toxics petition for review of a decision of the Environmental Protection Agency approving a revision to the California State Implementation Plan, known as South Coast Rule 1315. Agency EPA 15 min
13-70167Comm. for a Better Environment v. USEPA - Communities for a Better Environment petition for review challenging the Environmental Protection Agency's November 14, 2012 approval of the Revision to the South Coast Portion of the California State Implementation Plan. Agency EPA 15 min


2014-10-27  11:00 am  Pasadena Courtroom 1, Pasadena, California
Before: KOZINSKI , Chief Judge; and TASHIMA and M. SMITH, Circuit Judges
Case No. Title Nature Origin Time / Side
12-35266Institute of Cetacean Research v. Sea Shepherd Conservation Soc. - Parties object to the Appellate Commissioner's report and recommendation regarding this court's injunction against interference with whaling activities. [2:11-cv-02043-RAJ] Civil W. WA 20 min


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