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

October 18-22, 2021

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.


2021-10-18  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-16942Judy Szwanek v. Jack in the Box, Inc. - An appeal from the district court's dismissal of an action under the Americans with Disabilities Act. [3:20-cv-02953-WHA] Civil N. CA 10 min
19-10152USA v. Brian Wright - Appeal from conviction for interference with commerce by robbery, use of a firearm during and in relation to a crime of violence, and conspiracy to interfere with commerce by robbery. [2:17-cr-00160-JAD-VCF-1] Criminal NV 15 min
20-17072Courtney Kristek v. Travelers Home & Marine Ins. - Courtney Kristek appeals the district court's judgment in favor of insurersin a diversity insurance coverage action.
[2:20-cv-01314-JAD-DJA]
Civil NV Subm.
20-73013Estate of Howard V. Moore v. CIR - The Estate of Howard Moore appeals the Tax Court'spublished decision on petitions for redetermination of estate and gift tax liability. [21209-09] Tax Court AZ 15 min
20-17355
21-15009
1600 East Newlands Drive, LLC v. Amazon.com.NVDC, LLC - Appealsof a judgment in a diversity action awarding Newlands, as the landlord of property in Fernley, Nevada, $862,711.22 for two months of holdover rent, along with $52,500 for repairs, plus interest, concerning a former Amazon warehouse. [3:17-cv-00566-RCJ-WGC]
Civil NV 20 min


2021-10-18  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-10184USA v. Ross Farca - Appeal from restitution order in a case in which the defendant pleaded guilty to lying in an application to join the United States Army. [4:19-cr-00643-JST-1] Criminal N. CA 10 min
20-10249USA v. Hoang Le - Appeal from sentence for conspiracy to commit Hobbs Act robbery. [2:99-cr-00433-WBS-AC-7] Criminal E. CA 10 min
20-72416Seaview Trading, LLC, AGK Inve v. CIR - Appeal by Seaview Trading, LLC, of the Tax Court's summary judgment in favor of the government, in Seaview's petition challenging the timeliness of a Notice of Final Partnership Administrative Adjustment. [1837-11] Tax Court 1 15 min
20-16584
21-16027
Gerrie Dekker v. Vivint Solar, Inc. - An appeal from the district court's order vacating a prior order to compel arbitration in aputative class action, and an appeal from denial of motion to compel arbitration. [3:19-cv-07918-WHA]
Civil N. CA 20 min


2021-10-18  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
19-10451USA v. Jonathan Wells - Appeal from sentence for receipt of child pornography. [5:18-cr-00567-LHK-1] Criminal N. CA 10 min
20-10386USA v. Roosevelt Jones - Appeal from judgment revoking supervised release. [2:18-cr-00008-APG-NJK-1] Criminal NV 10 min
21-15796Ryan Baker v. David Shinn - An appeal from the district court's denial of a preliminary injunction in a suitbrought by an Arizona state prisoneralleging that prison officials were deliberately indifferentto his safety and medical needs. [4:18-cv-00064-JGZ] Pr Non-HC AZ 10 min
20-56055American Claims Management v. Allied World Surplus Lines - Appeal of ajudgment in favor of Allied World Surplus Lines Insurance Company in a diversity insurance coverage action. [3:18-cv-00925-JLS-MSB] Civil S. CA 15 min
19-55526
19-55707
19-55708
19-55718
19-55725
19-55727
19-55728
EDC v. BOEM - Appeals in an action concerning a federal proposal to allow the use of well stimulation treatments in oil production on the Pacific Outer Continental Shelf off the coast of California. [2:16-cv-08418-PSG-FFM]





Civil C. CA 20 min


2021-10-18  2:00 pm  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
17-16783hiQ Labs, Inc. v. LinkedIn Corporation - LinkedIn Corp. appeals the district court's order preliminarily enjoining it from preventing hiQ Labs, Inc., from accessing data on LinkedIn's website. [3:17-cv-03301-EMC] Civil N. CA 20 min


2021-10-19  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
18-15516Jose Alvarez v. Dwight Neven - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for trafficking in a controlled substance, allowing children to be present during the commission of drug-related offenses, assault and battery with a deadly weapon, and other related offenses. [3:15-cv-00363-RCJ-WGC] Habeas NV Subm.
20-10090USA v. James Jones, Jr. - Appeal from conviction for four counts of aggravated sexual abuse of a child and five counts of abusive sexual contact with a child. [3:19-cr-08075-DWL-1] Criminal AZ 10 min
20-72543Jose Hernandez-Lopez v. Merrick Garland - A citizen of El Salvador 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
20-10234USA v. Jaime Calderon - Appeal from conviction for aiding and abetting possession of heroin with intent to distribute. [3:18-cr-08126-SPL-1] Criminal AZ 15 min
20-10378USA v. Lawrence Gerrans - Appeal from conviction and sentence for wire fraud, money laundering, false statement, contempt, and witness tampering arising out of conduct of the co-founder of Sanovas, Inc., a life-sciences company. [3:18-cr-00310-EMC-1] Criminal N. CA 15 min
20-16834Frances Michener v. Andrew Saul - Appeal of asummary judgment in favor of the Commissioner of Social Security Administration ina putative class action challenging SSAs reduction ofa plaintiff'sSocial Security benefits because she also receives benefits from a Canadian pension plan. [5:19-cv-04377-SVK] Civil N. CA 15 min


2021-10-19  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
19-10456USA v. Jose Mariscal Navarrete - Appeal from conviction for illegal reentry after deportation. [4:18-cr-00446-HSG-1] Criminal N. CA 10 min
20-71740Derrick Young v. USA - A federal prisoner applies for authorization to file a second or successive 28 U.S.C. 2255 motion challenging his conviction and consecutive sentence for use of a firearm during a crime of violence. Habeas NV 10 min
20-71741Thomas Lewis v. USA - A federal prisoner applies for authorization to file a second or successive 28 U.S.C. 2255 motion challenging his conviction and consecutive sentence for use of a firearm during a crime of violence. Habeas NV 10 min
19-10388USA v. Craig Orrock - A former IRS attorney appeals his conviction and sentence for tax evasion and corruptly endeavoring to obstruct the tax laws. [2:16-cr-00111-JAD-DJA-1] Criminal NV 15 min
18-10218 USA v. Charles Heard - Five defendants appeal their convictions for multiple offenses, including racketeering conspiracy, in connection with the activities of the Central Divisadero Playas gang. [3:13-cr-00764-WHO-7] Criminal N. CA 30 min
18-10228 USA v. Jaquain Young      
18-10239 USA v. Esau Ferdinand      
18-10248 USA v. Monzell Harding, Jr.      
18-10258 USA v. Adrian Gordon      


2021-10-19  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
19-72159Alejandro Guzman v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' summary dismissal of an appeal of an immigration judge's denial of asylum and related relief. Immigration BIA 10 min
20-72599Luis Ochoa-Buenrostro v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' summary dismissal, pursuant to 8 C.F.R. 1003.1(d)(2)(i), of an appeal of the denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA 10 min
20-17003Ivan Lee v. City of Sacramento - An appeal from the district court's order enforcing a settlement agreement in an employment discrimination action. [2:17-cv-00118-JAM-EFB] Civil E. CA 10 min
19-70230Daria Damian-Gallardo v. Merrick Garland - A citizen of Mexico challenges an agency decision finding her competent to represent herself in removal proceedings and denying asylum and related relief. Immigration BIA 15 min
20-71355Agapito Gamez Garcia v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 15 min
20-17144Corey Hughes v. Michael Rodriguez - Appeal from the district court's summary judgment in an action brought pursuant to 42 U.S.C. 1983 and state law allegingthat police officers used excessive force when they deployed their K-9 in apprehending plaintiff. [2:18-cv-03188-JAM-DB] Civil E. CA 15 min


2021-10-20  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-16785Shingle Springs Band of Miwok v. Cesar Caballero - An appeal from the district court's order dismissing counterclaims in an action under the Lanham Act. [2:08-cv-03133-KJM-AC] Civil E. CA 10 min
20-17356Cesar Caballero v. USA - Appeal of aFed. R. Civ. P. 12(b)(1) dismissal for lack of subject matter jurisdiction of a Quiet Title Act action brought against the United States. [2:20-cv-00866-KJM-AC] Civil E. CA 15 min
20-16305Michael Hill v. Wells Fargo Bank, N.A. - Appeal of asummary judgment in favor of U.S. Bank, N.A. and Wells Fargo Bank, N.A. in a diversity action alleging claims arising out of a nonjudicial foreclosure on real property in Nevada. [2:18-cv-01350-MMD-BNW] Civil NV Subm.
20-16746Pamela Valin v. Nationstar Mortgage LLC - Appealof adismissal ofa diversity action brought against defendants Nationstar Mortgage LLC and U.S. Bank, N.A., alleging claims arising from a pending nonjudicial foreclosure on real property in Nevada. [2:19-cv-01785-GMN-DJA] Civil NV Subm.


2021-10-20  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-70973Mustafa Kaweti v. Merrick Garland - A citizen ofEthiopia 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
20-71573Anush Matasakian v. Merrick Garland - Citizens ofRussia 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
17-71672Carlos Campas-Burgueno v. Merrick Garland - A citizen of Mexico challenges an agency decision finding petitioner's application for cancellation abandoned and denying voluntary departure on the ground that his assault conviction was a crime involving moral turpitude. Immigration BIA 15 min
20-17202Lausteveion Johnson v. Renee Baker - An appeal from the district court's bench trial judgment and injunction for plaintiff in an action brought by a state prisoner pursuant to theReligious Land Use and Institutionalized Persons Actpertaining to use of scented oil for religious purposes. [2:15-cv-00884-JAD-NJK] Pr Non-HC NV 15 min
20-17261Eugene Daw v. ONHIR - Appeal of asummary judgment in favor of the Office of Navajo and Hopi Indian Relocationina Navajo-Hopi Land Settlement Act action. [3:19-cv-08212-SMB] Civil AZ 15 min


2021-10-20  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
19-17504Nationstar Mortgage LLC v. 312 Pocono Ranch Trust - Appeal of asummary judgment in a diversity action alleging claims arising from a nonjudicial foreclosure by a homeowners' association on real property in Nevada. [2:17-cv-01783-APG-DJA] Civil NV 10 min
19-17544Bayview Loan Servicing, LLC v. 6364 Glenolden Street Trust - Appeal of a judgment in a diversity action alleging claims arising out of a nonjudicial foreclosure by a homeowners association on real property in Nevada. [2:16-cv-02677-JAD-DJA] Civil NV 10 min
19-17332Wells Fargo Bank, N.A. v. Fidelity Nat'l Title Ins. Co. - Appeal of ajudgment in a diversity action alleging claims against Fidelity National Title Insurance Companyfor breach of a policy of title insurance and related claims. [3:19-cv-00241-MMD-WGC] Civil NV 15 min
20-15387HSBC Bank USA, N.A. v. FNTIC - Appeal of ajudgment on the pleadings in favor of Fidelity National Title Insurance Company in a diversity insurance coverage action. [3:19-cv-00265-MMD-WGC] Civil NV 15 min
20-15849Deutsch Bank Nat'l Trust Co. v. Fidelity Nat'l Title Ins. - Appeal of a dismissal in a diversity action brought against Fidelity National Title Insurance Company alleging quiet title claims arising from a nonjudicial foreclosure by a homeowners association (HOA) on real property in Nevada, and denial of title insurance coverage. [3:19-cv-00468-MMD-WGC] Civil NV 15 min
19-56460Bert Thompson v. Barrett Daffin Frappier Treder - An appeal from the district court's dismissal of an action alleging wrongful foreclosure and other causes of action. [5:18-cv-01509-JAK-SP] Civil C. CA 10 min


2021-10-21  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-16900Daniel Berman v. Freedom Financial Network LLC - An appeal from the district court's order denying a motion to compel arbitration in an action under the Telephone Consumer Protection Act. [4:18-cv-01060-YGR] Civil N. CA 10 min
20-70109Gonzalo Sierra-Garcia v. Merrick Garland - A citizen of Mexico petitions for review of a decision of the Board of Immigration Appeals affirming an immigration judge's denial of a continuance. Immigration BIA 10 min
20-71614Yong Wu v. Merrick Garland - A citizen of China petitions for review of the Board of Immigration Appeals' denial of asylum relief. Immigration BIA 10 min
20-71615Julius Cho v. Merrick Garland - A citizen of Cameroon petitions for review of the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. Immigration BIA 15 min
20-16754
20-17419
USSEC v. Berkeley Healthcare Dynamics, - Berkeley Healthcare Dynamics appeals the denial of its Rule 60(b)(6) motion for relief from an order requiring it to disgorge $5,440,618 of EB-5 investor funds; and Pritzker Levine LLPappeals the district court's order denying its request for attorneys' fees in an SEC enforcement action. [3:17-cv-00223-RS]
Civil N. CA 20 min


2021-10-21  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-17236Theresa Brooke v. Balaji Alameda LLC - An appeal from the district court's order sanctioning defense counsel in an action under the Americans with Disabilities Act. [3:20-cv-02736-SK] Civil N. CA 10 min
20-72720Jose Castilla-Florian v. Merrick Garland - A citizen ofPeru petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA 10 min
20-72735Donovan Grant v. Merrick Garland - A citizen ofJamaica petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA 10 min
20-17389Felix Mendelson v. County of San Mateo - Appeal of district court's dismissal, as unripe, of an action brought pursuant to 42 U.S.C. 1983 against the County of San Mateofor an unconstitutional taking and seizure of private property without compensation. [3:20-cv-05696-AGT] Civil N. CA 15 min
20-17526Kyko Global, Inc. v. Omkar Bhongir - Appeal of aFed. R. Civ. P. 12(b)(6) dismissal of a diversity action brought against Omkar Bhongir, alleging fraud and other causes of action. [3:20-cv-04136-MMC] Civil N. CA 15 min
20-71242Alarazim Kassim v. Merrick Garland - A citizen of Sierra Leon challenges an agency decision denying his motion to reopen. Immigration BIA 15 min


2021-10-21  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-70143Belinda Rodrigues v. Merrick Garland - A citizen of India petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. Immigration BIA 10 min
20-70809Ana Arias-Vasquez v. Merrick Garland - Citizens of Guatemala challenge the Board of Immigration Appeals' summary dismissal of an untimely appeal. Immigration BIA 10 min
21-15137Cheryl Nolte Barnes v. Clark County - An appeal from the district court's award of attorneys' fees in an action under the False Claims Act. [2:15-cv-01621-JCM-VCF] Civil NV 10 min
20-16796Michael Rattagan v. Uber Technologies, Inc. - Appeal of a dismissal ofa diversity action brought against Uber Technologies, Inc., alleging claims arising when Uber retainedplaintiff to provide legal support for the launch of new operations in Buenos Aires. [3:19-cv-01988-EMC] Civil N. CA 15 min
20-16805Brian Ballentine v. Christopher Tucker - An appeal from the district court's summary judgment in favor of aLas Vegas police officer in a 42 U.S.C. 1983 action in which plaintiffs alleged that defendant violated their First Amendment rights to free speech. [2:14-cv-01584-APG-EJY] Civil NV 15 min
20-70709Miguel Gongora-Castaneda v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 15 min


2021-10-22  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
20-70397Brenda Ramirez-Cordova v. Merrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture. Immigration BIA 10 min
20-71526Coraima Sanchez Nunez v. Merrick Garland - A citizen of Mexico 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.
20-71634Birdevinder Tiwana v. Merrick Garland - 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 10 min
20-15809
20-17033
Just Goods, Inc. v. Eat JUST, Inc. - Defendants Eat JUST, Inc., and Joshua Tetrick appeal the district court's orders enforcing a settlement agreement and imposing contempt sanctions in an action brought under the Lanham Act by Just Goods, Inc. [3:18-cv-02198-WHO]
Civil N. CA 15 min
20-16455Sigrid Williams v. COSTCO - An appeal from the district court's summary judgment in a wage-and-hour action. [4:18-cv-00884-JSW] Civil N. CA 15 min
20-16497Fann Contracting, Inc. v. Garman Turner Gordon LLP - An appeal from the district court's order affirming the bankruptcy court's award of attorneys' fees to counsel for a chapter 11 trustee. [2:19-cv-00716-GMN] Bankruptcy NV 15 min


2021-10-22  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
19-17217Sean Allen v. Santa Clara Cnty Corr. POA - An appeal from the dismissal of an action seeking to recover fair share dues. [2:18-cv-02230-MCE-CKD] Civil E. CA 10 min
19-17442Kourosh Kenneth Hamidi v. Service Emp. Int'l Union - An appeal from the district court's summary judgment in an action involving payment of fair share fees by State employees. [2:14-cv-00319-WBS-KJN] Civil E. CA 10 min
20-15226Stacy Penning v. SEIU Local 1021 - An appeal from the dismissal of an action alleging that plaintiff's employer wrongfully withheld fair share fees from his wages. [4:19-cv-03624-YGR] Civil N. CA 10 min
20-16353Mark Gabriele v. SEIU - An appeal from the dismissal of an action seeking the restitution of fair share fees paid to a union. [2:19-cv-00292-WBS-KJN] Civil E. CA 10 min
20-17139Audubon Imports, LLC v. Bayerische Motoren Werke Aktie - Direct purchaser plaintiffs appeal the district court's dismissal of their antitrust action against German automakers. [3:17-md-02796-CRB] Civil N. CA 15 min
20-17245Sumotext Corp. v. Zoove, Inc. - An appeal from the district court's judgment after a jury trial in an antitrust action. [5:16-cv-01370-BLF] Civil N. CA 20 min


2021-10-22  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Case No. Title Nature Origin Time / Side
18-71606Walter Espinoza Orellana v. Merrick Garland - A citizen of El Salvador 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
19-10411USA v. Shakara Carter - Appeal from order granting in part and denying in part motion to reduce sentence pursuant to the First Step Act. [2:06-cr-00468-WBS-DB-1] Criminal E. CA 10 min
20-10196USA v. Jermaine Mitchell - Appeal from order on motion for reduction of sentence under the First Step Act of 2018. [3:04-cr-00010-HDM-VPC-1] Criminal NV 10 min
21-15035Aston Whitehead v. Pacifica Senior Living Mgmt - An appeal from the district court's dismissal of an employment discrimination action. [4:18-cv-01767-JSW] Civil N. CA 10 min
20-16142Lexis Hernandez Avilez v. William Barr - Government defendants appeal the district court's grant of petitioner's habeas petition challenging her immigration detention. [3:19-cv-08296-CRB] Habeas N. CA 15 min
21-15295Apache Stronghold v. USA - Appeal of the denial ofa motion for a preliminary injunction seeking to prevent the U.S. Department of Agriculture from publishing a Final Environmental Impact Statement concerningthe government's plan totransfer/convey to Resolution Copper land located within the Tonto National Forest. [2:21-cv-00050-SPL] Civil AZ 20 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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A Time / Side value of "Subm." indicates the case will be submitted on the briefs, "Def." indicates submission deferred.