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

April 9-13, 2018

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.


2018-04-09  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: D.W. NELSON, KLEINFELD, and W. FLETCHER, Circuit Judges
Case No. Title Nature Origin Time / Side
14-72721Jesus Chavez-Chavez v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying cancellation of removal. Immigration BIA 10 min
16-74045Mumin Abass v. Jefferson Sessions - A citizen of Ghana petitions for review of the Board of Immigration Appeals' denial of asylum, withholding, and protection under the Convention Against Torture. Immigration BIA 10 min
17-70480Ever Morales-Gomez v. Jefferson Sessions - A citizen of El Salvador petitions for review of the Board of Immigration Appeals' denial of asylum and withholding of removal. Immigration BIA 10 min
16-73655
17-70848
Antonio Nava Romero v. Jefferson Sessions - A native and citizen of Mexico petitions for review of the BIA's dismissal of his appeal from an IJ's decision finding petitioner removable and the BIA's denial of his motion to reconsider
Immigration BIA 15 min
17-15576Juan Hernandez v. City of San Jose - San Jose police officers appeal from the denial of qualified immunity in a 42 U.S.C. § 1983 action brought by attendees at a political rally for Donald Trump, who alleged that the officers prevented them from leaving the rally at unprotected exits. [5:16-cv-03957-LHK] Civil N. CA 15 min
17-15814Ana Wayman-Trujillo v. County of Yavapai - Yavapai County Board of Supervisor appeals from denial of qualified immunity in action by Ana Wayman-Trujillo alleging retaliation, in violation of First Amendment rights, while employed as Clerk of the Board and District Coordinator. [3:16-cv-08182-SPL] Civil AZ 15 min


2018-04-09  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WARDLAW, and CLIFTON, Circuit Judges, and KATZMANN (International Trade), Judge
Case No. Title Nature Origin Time / Side
16-10037USA v. Sergio Renteria-Castillo - Appeal from conviction for conspiracy to transport an illegal alien for profit and transporting illegal alien for profit. [4:14-cr-01418-CKJ-BGM-1] Criminal AZ 10 min
16-15503USA v. Mady Chan - A federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction for conspiracy and money laundering. [2:15-cv-01367-WBS] Habeas E. CA 10 min
16-15987Kelly Kessler v. Deborah Johnson - A California state prisoner appeals the denial of her habeas corpus petition challenging her conviction and three-strikes sentence. [1:10-cv-00322-LJO-SKO] Habeas E. CA 10 min
16-10511USA v. Michael Martin - Appeal from conviction and sentence for conspiracy and Hobbs Act robbery. [4:14-cr-00093-JSW-5] Criminal N. CA 15 min
16-10525USA v. Ruben Castaneda - Appeal from conviction and sentence for being a felon in possession of a firearm. [2:15-cr-01299-GMS-1] Criminal AZ 15 min
17-15009Jeff Rose v. Renee Baker - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for sexual assault of a minor. [3:13-cv-00267-MMD-WGC] Habeas NV 15 min


2018-04-09  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and FERNANDEZ, Circuit Judge, and EZRA (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
15-73547Eleazar Herrera-Davila v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his applications for relief from removal. Immigration BIA 10 min
15-73840Jose Ramos-Mendoza v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying relief based on his controlled substance conviction. Immigration BIA 10 min
16-16027Philip Mann v. Swiss-America Trading Corp. - Philip and Tonya Mann appeal the district court's summary judgment in favor of Swiss-America Trading Corp. in the Manns' diversity action, alleging breach of contract, fraud, and breach of warranty. [2:14-cv-02552-ROS] Civil AZ 10 min
16-16819Serguei Silaev v. Swiss-America Trading Corp. - Serguei Silaev appeals the district court's summary judgment in favor of Swiss-America Trading Corp. in a diversity action, alleging breach of contract, fraud, and breach of warranty, arising after Silaev purchased bogus gold and silver products. [2:14-cv-02551-JAT] Civil AZ 5 min
16-16680Thomas Spitzer v. Trisha Aljoe - Appeal from enforcement of a settlement and from order denying plaintiffs' motion for relief from judgment in action arising from a state-court Receivership brought by the City of Pleasanton to oversee abatement proceedings of plaintiffs' property. [3:13-cv-05442-MEJ] Civil N. CA Subm.
17-10019USA v. Kendall Thrift - Appeal from conviction for conspiracy, possession with intent to distribute marijuana, prohibited person in possession of a firearm, and money laundering. [2:14-cr-00308-GEB-1] Criminal E. CA 10 min
17-15748My Left Foot Children's v. Certain Underwriters at Lloyd - My Left Foot Children's Therapy, LLC appeals the district court's judgment in a diversity insurance coverage action seeking declaratory relief against Certain Underwriter's at Lloyd's London. [2:15-cv-01746-MMD-GWF] Civil NV Subm.


2018-04-10  9:30 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: D.W. NELSON, W. FLETCHER, and FISHER, Circuit Judges
Case No. Title Nature Origin Time / Side
15-73012Rafael Carrasco-Ibarra v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his application for registry. Immigration BIA 10 min
17-10060USA v. Fredrick Mackie - An appeal from the denial of a motion to suppress. [3:16-cr-00120-CRB-1] Criminal N. CA 10 min
17-10076USA v. Jayson Robbins - The government appeals the district court's order granting a motion to suppress. [3:15-cr-00070-MMD-WGC-1] Criminal NV 10 min
17-10095USA v. Michael Reisewitz - Appeal from conviction for conspiracy and possession of methamphetamine. [2:16-cr-00973-GMS-2] Criminal AZ Subm.
16-73906Frimmel Management v. USA - Frimmel Management, LLC, seeks review of order imposing a civil money penalty in action for committing violations of immigration employment eligibility verification requirements. [OCAHO Case No. 15A00073] Agency DHS 15 min
17-15665Amy Granat v. USDA - Plaintiffs appeal the district court's summary judgment in favor of federal agencies and officials in plaintiffs' action challenging the U.S. Forest Service's 2010 decision to close certain roads in the Plumas National Forest to motorized vehicles. [2:15-cv-00605-MCE-DB] Civil E. CA 20 min


2018-04-10  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WARDLAW, and CLIFTON, Circuit Judges, and KATZMANN (International Trade), Judge
Case No. Title Nature Origin Time / Side
16-10399USA v. Robert Smith - An appeal from a jury conviction and sentence for receipt and distribution of child pornography. [1:13-cr-00194-DAD-BAM-1] Criminal E. CA 10 min
17-70274Smith Pena-Rojas v. Jefferson Sessions - A native and citizen of the Dominican Republic petitions for review of the Board of Immigration Appeals decision that his robbery conviction was an aggravated felony that made him removable and ineligible for relief. Immigration BIA 10 min
17-71416Zaldy Myers v. Jefferson Sessions - A native and citizen of the Philippines and U.S. lawful permanent resident petitions for review of the Board of Immigration Appeals' dismissal of an Immigration Judge's finding that he was removable and ineligible for cancellation of removal. Immigration BIA 10 min
17-10063USA v. LeShawn Lawson - An appeal from the denial of a motion to suppress evidence. [4:15-cr-00119-PJH-1] Criminal N. CA 15 min
16-16368
16-16371
16-16373
16-16374
16-16377
16-16378
16-16379
16-16399
16-16400
Indirect Purchaser Plaintiffs v. John Finn - Appeals from the district court's approval of settlement agreements and award of attorneys' fees in multi-district antitrust litigation. [3:07-cv-05944-JST]







Civil N. CA 30 min


2018-04-10  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and FERNANDEZ, Circuit Judge, and EZRA (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
14-73489Nervy Espana Orellana v. Jefferson Sessions - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' dismissal for lack of jurisdiction of his appeal from an Immigration Judge's decision. Immigration BIA 10 min
16-16267Kyle Frank v. A.W. Lizarraga - A California state prisoner appeals the district court's denial of his habeas corpus petition challenging his conviction for attempted murder and willful and malicious discharge of a firearm at an occupied vehicle. [2:14-cv-01011-JKS] Habeas E. CA 10 min
16-16953LeMel Hankston v. Dwight Neven - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for attempted murder. [2:13-cv-01601-JCM-GWF] Habeas NV 10 min
16-15096State of California v. Picayune Rancheria - An appeal from the district court's judgment and permanent injunction in an action under the Indian Gaming Regulatory Act. [1:14-cv-01593-LJO-SAB] Civil E. CA 15 min
16-35609Danny P. v. Catholic Health Initiatives - An appeal from the district court's summary judgment in an ERISA case. [3:15-cv-05024-RBL] Civil W. WA Subm.
17-10086USA v. Anthony Shirley - Appeal from conviction for aggravated sexual abuse of a minor and abusive sexual contact without permission. [4:13-cr-00622-RCC-JR-1] Criminal AZ 15 min


2018-04-11  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and FERNANDEZ, and GOULD, Circuit Judges
Case No. Title Nature Origin Time / Side
17-16424Daniels Sharpsmart, Inc. v. Karen Smith - An appeal from the grant of a preliminary injunction in favor of plaintiff who alleged that defendants violated the Commerce Clause of the U.S. Constitution through their extraterritorial enforcement of California's Medical Waste Management Act. [1:17-cv-00403-LJO-SAB] Civil E. CA 15 min
17-16798Sheldon Goldberg v. Jack Barreca - An appeal from the district court's order denying a motion for a preliminary injunction in an action under the Securities Exchange Act and Nevada state law. [2:17-cv-02106-JCM-VCF] Civil NV Subm.
17-17478
17-17480
City & County of San Francisco v. Donald Trump - The government appeals a grant of summary judgment in favor of Santa Clara and San Francisco, and a grant of a nationwide permanent injunction, in a challenge to an executive order restricting federal funds to sanctuary jurisdictions. [3:17-cv-00485-WHO]
Civil N. CA 20 min


2018-04-11  9:30 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: KLEINFELD, W. FLETCHER, and FISHER, Circuit Judges
Case No. Title Nature Origin Time / Side
17-15737Kim Vanamann v. NationStar Mortgage, LLC - An appeal from the district court's summary judgment in an action under the Fair Credit Reporting Act. [2:15-cv-00906-KJD-NJK] Civil NV 10 min
17-15520Cely Tablizo v. City of Las Vegas - An appeal from the district court's summary judgment in an employment discrimination case. [2:14-cv-00763-APG-VCF] Civil NV Subm.
17-15538Stephen Turner v. Melody Smith - Stephen Turner appeals from summary judgment in his 42 U.S.C. § 1983 action against parole officials alleging, among other things, that parole officials prohibited him from associating with or marrying his fiancee as a condition of parole. [3:11-cv-05176-CRB] Civil N. CA 15 min
17-15553LeeAnn Archuleta v. CCA - An appeal from the dismissal of a Title VII employment discrimination case. [2:15-cv-01608-MMD-VCF] Civil NV 15 min
17-15629Gila River Indian Community v. U.S. Dept. of Veterans Affairs - Gila River Indian Community appeals the district court's dismissal for lack of jurisdiction of its action against the US Department of Veterans Affairs and its Secretary, seeking a declaratory judgment and an injunction. [2:16-cv-00772-ROS] Civil AZ 15 min


2018-04-11  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: McKEOWN, and WARDLAW, Circuit Judges, and KATZMANN (International Trade), Judge
Case No. Title Nature Origin Time / Side
15-16952Jeremy Friedman v. Kaiser Foundation Health Plan - An appeal from the denial of a request for attorney's fees following a settlement. [3:10-cv-02833-LB] Civil N. CA Subm.
15-73952Yosef Khatib v. Jefferson Sessions - A citizen of Israel petitions for review of the Board of Immigration Appeals' denial of withholding of removal. Immigration BIA Subm.
16-15962FHLMC/Freddie Mac v. SFR Investments Pool 1, LLC - An appeal from the district court's summary judgment in a quiet title action arising from a foreclosure under Nevada state law. [2:15-cv-01338-GMN-CWH] Civil NV 10 min
16-17375Leland Wheeler v. City of Santa Clara - Leland Wheeler appeals from the district court's Fed. R. Civ. P. 12(b)(6) dismissal of his action, for lack of standing, arising out of the shooting death of Deborah Colbert by Santa Clara Police officers. [5:16-cv-01953-RMW] Civil N. CA 15 min
17-15078
17-15526
Dropbox, Inc. v. Thru Inc. - An appeal from the district court's summary judgment and award of attorneys' fees in an action under the Lanham Act. [3:15-cv-01741-EMC]
Civil N. CA Subm.
17-15178AMA Multimedia v. Sagan Ltd. - An appeal from the dismissal of a copyright case on the basis of forum non conveniens. [2:16-cv-01269-DGC] Civil AZ 15 min


2018-04-12  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and FRIEDLAND, Circuit Judge, and OLGUIN (California Central), District Judge
Case No. Title Nature Origin Time / Side
17-10229USA v. Chandan Manansingh - The United States appeals from the district court's order granting a motion to suppress evidence found during a probation search. [2:16-cr-00140-RFB-1] Criminal NV Subm.
17-10324USA v. John Frisby - Appeal from conviction for conspiracy to possess with intent to distribute marijuana and possession with intent to distribute marijuana. [4:16-cr-01779-DCB-JR-1] Criminal AZ Subm.
17-10339USA v. Wallace Shimabukuro, Jr. - Appeal from 17-month sentence imposed upon revocation of supervised release. [1:03-cr-00560-SOM-4] Criminal HI 10 min
15-17371Raul Zavala v. Hector Rios - California state prisoner appeals from a summary judgment in his action alleging that mailroom employees violated his Fifth Amendment rights to due process by rejecting, at the post office, improperly labeled legal mail. [1:09-cv-00679-MJS] Pr Non-HC E. CA 15 min
16-16038Richard Kimbro v. Miranda - California state prisoner Richard Kimbro appeals from the district court's judgment, entered following a jury verdict, in his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference to his medical needs. [2:12-cv-02154-MCE-KJN] Pr Non-HC E. CA 15 min
17-15230Darrell Harris v. S. Escamilla - California state prisoner Darrell Harris appeals from a summary judgment in his action alleging First Amendment violations and violations under the Religious Land Use and Institutionalized Persons Act and California's Bane Civil Rights Act. [1:13-cv-01354-DAD-MJS] Pr Non-HC E. CA 15 min


2018-04-12  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: W. FLETCHER, and TALLMAN, Circuit Judges, and MORRIS (Montana), District Judge
Case No. Title Nature Origin Time / Side
16-10499USA v. Jose Buenrostro - A federal prisoner appeals the denial of his motion for a sentence reduction after a presidential commutation. [2:95-cr-00504-WBS-AC-1] Criminal E. CA Subm.
17-15453USA v. Jose Buenrostro - A federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion challenging his sentence following partial commutation of his sentence by President Obama. [2:16-cv-01344-WBS-AC] Habeas E. CA 10 min
17-10058USA v. Hugh Robinson - An appeal from a jury conviction for conspiracy, theft of public money, and aggravated identity theft. [4:15-cr-00252-JSW-1] Criminal N. CA 10 min
16-16946Narciso Cuaresma, Jr. v. Farmers Grp. Disability Income - An appeal from the district court's summary judgment in an ERISA case. [2:15-cv-02192-JAM-EFB] Civil E. CA 15 min
17-15587Megan McKay v. City of Tucson - Megan McKay appeals the district court's summary judgment in favor of the City of Tucson in a diversity action, alleging negligence and seeking to recover for damages she incurred when her bicycle tire was lodged in a Tucson T-rail track gap. [4:14-cv-02317-JAS] Civil AZ Subm.
17-15216Pompano Beach P&F Ret. Sys. v. Las Vegas Sands Corp. - An appeal from the district court's summary judgment in a securities fraud action. [2:10-cv-00765-APG-GWF] Civil NV 20 min


2018-04-12  9:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WARDLAW, and NGUYEN, Circuit Judges, and OLIVER, JR. (Ohio Northern), District Judge
Case No. Title Nature Origin Time / Side
16-17054J.B. v. USA - Taxpayer appeal of district court's dismissal of amended complaint seeking to enjoin an Internal Revenue Service audit under the National Research Program. [4:15-cv-02138-YGR] Civil N. CA 10 min
16-15999J.B. v. USA - Appeal by the United States challenging the quashing of an Internal Revenue Service summons for failure to comply with administrative notice requirements. [4:15-cv-04764-YGR] Civil N. CA 10 min
16-10448USA v. John Lee - Appeal from conviction for making false statements to a government agency. [3:15-cr-00541-SI-1] Criminal N. CA 10 min
16-17347Freestream Aircraft (Bermuda) v. Aero Law Group - Freestream Aircraft (Bermuda) Limited and its founder, Alireza Ittihadieh, appeal the district court's dismissal for lack of personal jurisdiction of a diversity action, seeking compensation for alleged defamation committed by Aero Law Group. [2:16-cv-01236-JCM-NJK] Civil NV 10 min
17-15296
17-15782
Pioneer Roofing Organization v. Sheet Metal Workers' Local 104 - Appeals from the district court's orders confirming an arbitration award and awarding attorneys' fees in a labor law case. [3:15-cv-03544-JD]
Civil N. CA 15 min
17-15720Ulises Cruz Espinoza v. Jefferson Sessions - Appeal from a district court order dismissing plaintiff's complaint seeking an order that USCIS reopen his U visa case and re-issue a request for evidence. [3:16-cv-05763-MEJ] Civil N. CA 15 min


2018-04-13  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: KLEINFELD, W. FLETCHER, and TALLMAN, Circuit Judges
Case No. Title Nature Origin Time / Side
17-10163USA v. Justin Whittington - Appeal from conviction and sentence for use of a firearm during a crime of violence. [1:15-cr-00265-DAD-BAM-1] Criminal E. CA 10 min
17-15186Rizalde Santos v. Ocwen Loan Servicing - Rizalde Santos appeals the district court's dismissal of his diversity action against Ocwen Loan Servicing, LLC and other mortgage entities, alleging claims challenging the non-judicial foreclosure of his home. [5:16-cv-01197-HRL] Civil N. CA Subm.
17-15672Nancy Bono v. State Farm Mutual Auto. Ins. - Nancy Bono appeals the district court's summary judgment in favor of Bono's auto insurer, State Farm Mutual Automobile Insurance Co., in a diversity insurance coverage action alleging that State Farm wrongly denied her claim. [4:15-cv-00548-CKJ-LAB] Civil AZ Subm.
17-15419USA v. Estate of E. Wayne Hage - Estate of E. Wayne Hage and Wayne N. Hage appeal the district court's judgment on remand from this court in favor of the United States in the government's action seeking damages for trespass and unauthorized grazing by animals. [2:07-cv-01154-GMN-VCF] Civil NV 15 min
17-15494Lidia Jablonski v. Wal-Mart Stores - An appeal from the district court's summary judgment in an employment discrimination case. [2:13-cv-01510-JAD-VCF] Civil NV Subm.
17-15730Paul Evert's RV Country, Inc. v. Universal Underwriters Ins. - Paul Evert's RV Country, Inc. and Charles Curtis appeal the district court's judgment in favor of Universal Underwriters Insurance Company in a diversity insurance coverage action. [1:15-cv-00124-WBS-SKO] Civil E. CA Subm.


2018-04-13  10:30 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WARDLAW, and HURWITZ, Circuit Judges, and OLIVER, JR. (Ohio Northern), District Judge
Case No. Title Nature Origin Time / Side
13-72072Juan Uribe-Santillan v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his motion to reopen. Immigration BIA 10 min
17-10050USA v. James Juan - An appeal from a sentence for drug crimes. [4:16-cr-01347-CKJ-DTF-1] Criminal AZ 10 min
17-15150Paul Weddle v. Alan Nutzman - Paul Weddle appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging Fourth Amendment excessive force violations by police officers during a felony stop. [2:15-cv-02041-RCJ-NJK] Civil NV 10 min
16-16541Mindy Losee v. City of Chico - Mindy Losee appeals from the district court's summary judgment in her 42 U.S.C. § 1983 action alleging the use of unlawful deadly force by City of Chico police officers against her daughter, Breanne Sharpe. [2:14-cv-02199-KJM-CMK] Civil E. CA 15 min
16-56327Andrew Nelson v. Flowers Foods, Inc - Proposed plaintiff intervenors, appeal the district court's denial of their motion to intervene in a diversity action brought by a putative class of drivers against Flower Foods, Inc.; and appeal the denial of class certification. [2:15-cv-05112-RGK-E] Civil C. CA Subm.


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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