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

February 12-16, 2024

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.


2024-02-12  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, HAMILTON (Court of Appeals, 7th Circuit), and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
22-10166USA v. Sabino Ramos - Appeal from sentence for being a felon in possession of a firearm. [1:21-cr-00210-JLT-SKO-1] Criminal E. CA Def.
22-15109
22-16341		International Petroleum Produc v. Black Gold S.A.R.L. - Appeals from the district court's orders adding parties to a judgment and awarding attorneys' fees. [4:19-cv-03004-YGR]
 Civil N. CA 10 min
23-15118Meor Adlin v. All Nippon Airways - Objectors appeal the district court's order granting plaintiffs' motion for a secondary distribution of settlement funds in an antitrust class action. [3:07-cv-05634-CRB] Civil N. CA 10 min
22-16079
22-16568		Kristen Silloway v. City and County of San Francisco - Appeals from the district court's summary judgment in collective actions under the Fair Labor Standards Act. [3:20-cv-07400-RS]
 Civil N. CA 15 min
22-16580
22-16787		Vincent Bell v. Williams - An appeal by jail officials from a jury verdict in favor of pretrial detainee Vincent Bell in an action arising from Bell's jail transport. [3:18-cv-01245-SI]
 Pr Non-HC N. CA 15 min
22-16665Brenda Penhall v. Lake County Probation Department - An appeal from the district court's summary judgment in an employment discrimination action. [3:19-cv-03769-CRB] Civil N. CA 15 min


2024-02-12  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: MILLER, BADE, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
22-16833Anna Cuestas v. Martin O'Malley - Appeal of a decision affirming the Commissioner of Social Security's denial of claimant's application for disability insurance benefits under Title II of the Social Security Act. [5:20-cv-08746-EJD] Social Security N. CA Subm.
22-16883Debra Slayton v. Martin O'Malley - Appeal of a decision affirming the Commissioner of Social Security's denial of claimant's application for disability insurance benefits under Title II of the Social Security Act. [3:20-cv-03551-TSH] Social Security N. CA Subm.
22-17021James Zuegel v. Marco Garcia - An appeal from the dismissal of an action alleging unlawful arrest. [5:21-cv-07538-BLF] Civil N. CA 15 min
21-16277James Zuegel v. Mountain View Police Departmen - An appeal following a jury trial in an action alleging Fourth Amendment violations in connection with plaintiff's arrest. [5:17-cv-03249-BLF] Civil N. CA 15 min
22-17008Kristin Hart v. City of Redwood City - An appeal from the district court's denial of qualified immunity to police officers in an action alleging excessive deadly force in the shooting of Kyle Hart. [4:21-cv-02653-YGR] Civil N. CA 15 min
23-16065Teradata Corporation v. SAP SE - Teradata Corp. et al. appeal the district court's summary judgment as to certain claims in Teradata's trade secrets and antitrust action against SAP SE et al. [3:18-cv-03670-WHO] Civil N. CA 15 min


2024-02-13  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, HAMILTON (Court of Appeals, 7th Circuit), and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
20-73336Edgar Corenejo Bautista v. Merrick Garland - A citizen of Mexico petitions for review of the denial of relief in withholding-only proceedings. Immigration BIA 10 min
18-72419
22-659		Fernando Medina-Castellanos v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of a motion to reissue a decision denying an appeal of the denial of relief in withholding-only proceedings, and the denial of a motion to reopen based on a vacated conviction.
 Immigration BIA Subm.
23-15245Sikousis Legacy, Inc. v. B-Gas Limited - An appeal from the district court's order vacating the quasi in rem attachment of a vessel and dismissing an admiralty action. [3:22-cv-03273-CRB] Civil N. CA 15 min
23-60005The Lovering Tubbs Trust v. Timothy Hoffman - An appeal from the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's summary judgment on an avoidance claim. [22-1062] Bankruptcy N. CA 15 min


2024-02-13  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: MILLER, BADE, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
23-15433Local 282 Pension Trust Fund v. BioMarin Pharmaceutical, Inc. - An appeal from the district court's dismissal of a securities fraud action. [3:21-cv-08254-MMC] Civil N. CA Subm.
23-15115Heritage Bank of Commerce v. Zurich American Insurance Company - Appeal of a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity insurance coverage action against Zurich American Insurance Company. [3:21-cv-10086-RS] Civil N. CA 15 min
23-15178Red Reaper v. ACE American Insurance Company - Appeal of a Fed. R. Civ. P. 12(b)(6) dismissal of a diversity insurance coverage action against ACE American Insurance Company, alleging breach of contract and breach of the implied covenant of good faith and fair dealing. [4:21-cv-05876-HSG] Civil N. CA Subm.
23-15290AGK Sierra de Montserrat, L.P. v. Comerica Bank - Appeal of a court's judgment, following a 6-day bench trial, in a diversity action brought against AGK Sierra de Montserrat, L.P. [2:15-cv-01280-DAD-DB] Civil E. CA 15 min


2024-02-14  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: S.R. THOMAS, HAMILTON (Court of Appeals, 7th Circuit), and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
22-16847Justin Donahue v. Union Pacific Railroad Company - Justin Donahue, Jason Campbell, and Jacob Goss appeal the district court's summary judgment in their employment discrimination action under the Americans with Disabilities Act against Union Pacific Railroad Co. [3:21-cv-00448-MMC] Civil N. CA 10 min
22-16849James Blankinship v. Union Pacific Railroad Company - James Blankinship appeals the district court's summary judgment in his employment discrimination action under the Americans with Disabilities Act against Union Pacific Railroad Co. [4:21-cv-00072-RM] Civil AZ 10 min
23-35119Nicholas DeFries v. Union Pacific Railroad Company - Nicholas DeFries appeals the district court's summary judgment in his employment discrimination action under the Americans with Disabilities Act against Union Pacific Railroad Co. [3:21-cv-00205-SB] Civil OR 10 min
22-16514Hadona Diep v. Apple, Inc. - Appeal of the dismissal of a diversity putative class action against Apple Inc., alleging that plaintiffs were defrauded when they lost money in cryptocurrency after they downloaded the Toast Plus App on their iPhones. [4:21-cv-10063-PJH] Civil N. CA 15 min
22-16375
22-16622		Mary Beth Montera v. Premier Nutrition Corporation - Appeal, and cross appeal, of a judgment in a diversity putative consumer class action, concerning Joint Juice. [3:16-cv-06980-RS]
 Civil N. CA 20 min


2024-02-14  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: MILLER, BADE, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
22-17024Marie Hammerling v. Google, LLC - Appeal of a dismissal of a diversity putative class action brought against Google, LLC., alleging that Google secretly used plaintiffs' Android smartphones to collect data regarding their use of third-party apps. [3:21-cv-09004-CRB] Civil N. CA 10 min
22-16654Joseph Taylor v. Google LLC - Appeal of a dismissal of a diversity putative class action against Google asserting claims for conversion and quantum meruit based on alleged "passive" data transfers performed by Google over its Android operating system. [5:20-cv-07956-VKD] Civil N. CA 15 min
22-17023Michael Greenstein v. Noblr Reciprocal Exchange - Appeal of a dismissal of a diversity putative class action brought against Noblr Reciprocal Exchange, alleging that Class Members face an imminent threat of future harm in the form of identity theft and fraud following a cyberattack and theft of plaintiffs' driver's license numbers. [4:21-cv-04537-JSW] Civil N. CA 15 min
23-15392Lucila Baptiste v. Apple Inc. - Appeal of a dismissal of a proposed diversity class action against Apple, Inc., alleging that it unlawfully retained personally identifiable information ("PII") collected in connection with video streaming rentals on iTunes. [4:22-cv-02888-HSG] Civil N. CA 15 min
23-15775Burke Minahan v. Google, LLC - Appeal of a dismissal of a diversity putative class action, alleging defendant Google LLC violated New York and Minnesota privacy statutes by retaining users' personally identifiable video rental history data. [4:22-cv-05652-YGR] Civil N. CA 10 min


2024-02-15  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: S.R. THOMAS, BEA, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
23-358
23-855		Esteban Lopez v. Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' dismissal of an appeal of an immigration judge's denial of deferral of removal under the Convention Against Torture and the denial of a motion to reopen. [A077-279-151]
 Immigration C. CA 15 min
21-16204USA v. Merl Simpson - A federal prisoner appeals the denial of his 28 U.S.C. 2255 motion in a case in which he pleaded guilty to multiple offenses including Hobbs Act robbery. [4:16-cr-00292-YGR-2] Habeas N. CA 10 min
21-15391Charles Luckett v. Robert Neuschmid - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first degree murder. [4:18-cv-07670-HSG] Habeas N. CA 15 min
23-15314Frear Schmid v. County of Sonoma - An appeal from the dismissal of an action alleging the County of Sonoma violated plaintiffs' rights by issuing a permit to a Fire Department for construction on land abutting plaintiffs' property. [3:21-cv-01920-TLT] Civil N. CA 15 min
23-15512USSEC v. Matthew Beasley - Proposed intervenors appeal the district court's denial of their motion to intervene in an enforcement action brought by the Securities and Exchange Commission, concerning an alleged Ponzi scheme to defraud investors. [2:22-cv-00612-CDS-EJY] Civil NV 15 min
23-10032USA v. Alan Safahi - Appeal from conviction and sentence for bankruptcy fraud, wire fraud, and money laundering, arising from a fraudulent prepaid debit card scheme. [3:19-cr-00404-SI-1] Criminal N. CA 20 min


2024-02-15  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: MILLER, BADE, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
21-16953Edwardo Olguin v. Brian Kibler - A California state prisoner appeals the denial of his habeas corpus petition challenging his jury conviction for committing a lewd and lascivious act on a child. [2:21-cv-00368-JAM-EFB] Habeas E. CA 15 min
22-16636Jason Cai v. Neil McDowell - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first-degree murder. [4:19-cv-03067-HSG] Habeas N. CA 15 min
23-15339Alice Wieland v. Board of Regents - An appeal from the district court's summary judgment in an employment discrimination action. [3:19-cv-00724-MMD-CLB] Civil NV Subm.
22-15260The Estate of Isabella "Bella" v. Netflix, Inc. - Appeal of an order dismissing a diversity action against Netflix, Inc., and granting Netflix, Inc.'s special motion to strike pursuant to California anti-SLAPP statute, Cal. Code of Civ. Proc. 425.16. [4:21-cv-06561-YGR] Civil N. CA 20 min


2024-02-16  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: S.R. THOMAS, BEA, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
23-15834Robert Anderson v. Martin O'Malley - Appeal of a decision affirming the Commissioner of Social Security's denial of claimant's application for disability insurance benefits under Title II of the Social Security Act. [2:20-cv-02514-DMC] Social Security E. CA Subm.


2024-02-16  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: MILLER, BADE, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
22-16901Jack Leal v. Brian Williams - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for transactions involving fraud or deceit in the course of an enterprise or occupation. [2:21-cv-00595-JAD-VCF] Habeas NV Subm.
23-15069Carl Nelson v. PHH Mortgage Corporation - Appeal of a dismissal, as untimely, of a diversity action against PHH Mortgage Corporation, which alleged claims arising from a home loan. [2:21-cv-01372-MCE-JDP] Civil E. CA 15 min
23-15092
23-15156		Thomas Shields v. World Aquatics - Appeals from the district court's summary judgment in two antitrust actions. [3:18-cv-07393-JSC]
 Civil N. CA 15 min


Location Addresses


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