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

August 3, 2017
August 14-18, 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.


2017-08-03  9:00 am  -, James R. Browning U.S. Courthouse, San Francisco
Before: HAWKINS, McKEOWN, and DAVIS (Court of Appeals, 4th Circuit), Circuit Judges
Case No. Title Nature Origin Time / Side
14-35201Steven Petersen v. Lewis County - Steven Petersen appeals the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that Lewis County police officer McKnight used unconstitutional deadly force when he shot and killed Petersen's son in responding to a 911 call. [3:12-cv-05908-RBL] Civil W. WA 10 min


2017-08-14  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: RAWLINSON, and N.R. SMITH, Circuit Judges, and WATTERS (Montana), District Judge
Case No. Title Nature Origin Time / Side
14-10527USA v. James Berghuis - James Berghuis appeals his conviction and sentence for mail fraud, wire fraud, and money laundering, arising from a fraudulent real estate investment scheme. [2:10-cr-00377-WBS-1] Criminal E. CA 10 min
15-15259Michael Williams v. Audrey King - Michael Williams, detained under the Sexually Violent Predator Act at Coalinga State Hospital, appeals from the district court's dismissal of his 42 U.S.C. § 1983 action challenging his confinement. [1:13-cv-01253-MJS] Pr Non-HC E. CA 10 min
15-17499Michael Williams v. Audrey King - Michael Williams, a civil committee in California state custody awaiting trial as a sexually violent predator, appeals the denial of his habeas corpus petition claiming that his due process right to a speedy trial had been violated. [4:14-cv-01831-PJH] Habeas N. CA 10 min
14-16669Wanda Thomas v. John McHugh - Wanda Thomas appeals the district court's summary judgment in favor of the Secretary of the Department of the Army in Thomas' action alleging discrimination and retaliation in violation of Title VII of the Civil Rights Act. [1:12-cv-00535-LEK-KSC] Civil HI Subm.
14-16670
14-16868
Kelvin Banks v. Ryan McCarthy - Kelvin Banks and others appeal the district court's summary judgments in favor of The Secretary of the Department of the Army in plaintiffs' actions alleging discrimination and retaliation pursuant to Title VII. [1:11-cv-00798-LEK-KSC]
Civil HI Subm.
15-17246US ex rel. Aria Kozak v. Chabad of California - Chabad of California appeals the district court's summary judgment in favor of the United States in a qui tam False Claims Act action brought by realtors Aria and Donna Kozak, alleging that Chabad misappropriated federal grant funds. [2:10-cv-01056-MCE-EFB] Civil E. CA 15 min


2017-08-15  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, and RAWLINSON, Circuit Judges, and EZRA (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
14-71870Alejandro Luevano-Zapata v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying his motion to reopen and rescind an in absentia order of removal. Immigration BIA Subm.
15-10412
15-10413
USA v. Johnny Orsinger - Appeal from sentences imposed at resentencing in two cases in which the defendant was convicted of multiple offenses including murder and kidnapping. [3:01-cr-01062-DGC-3]
 
Criminal AZ 10 min
16-10150USA v. Riley Briones, Jr. - Appeal from sentence imposed at resentencing for multiple offenses including first-degree/felony murder, arson, and conspiracy. [2:96-cr-00464-DLR-4] Criminal AZ 10 min
15-16944Ulices Aguilar v. Warren Montgomery - A California state prisoner appeals the dismissal of his habeas corpus petition challenging his conviction for second-degree murder. [1:12-cv-01547-LJO-JLT] Habeas E. CA 10 min
15-17101Mark Zana v. Dwight Neven - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for open and gross lewdness, lewdness with a child under the age of 14, and possession of depiction of sexual conduct of person under the age. of 16. [2:12-cv-01013-JCM-VCF] Habeas NV 10 min
15-17400Lue Thao v. Clark Ducart - A California state prisoner appeals the dismissal of his habeas corpus petition challenging his conviction for attempted first degree murder and other offenses. [2:14-cv-01791-WBS-KJN] Habeas E. CA Subm.
16-15963Robert Pilgrim v. Attorney General of the State - An Arizona state prisoner appeals the dismissal of his habeas corpus petition as untimely. [2:15-cv-00856-DGC] Habeas AZ Subm.
16-10221USA v. Cesar Caballero - Appeal from conviction for failure to surrender for sentence. [2:15-cr-00191-JAM-1] Criminal E. CA 10 min


2017-08-16  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, and RAWLINSON, Circuit Judges, and WATTERS (Montana), District Judge
Case No. Title Nature Origin Time / Side
15-16457Gilbert Purcell v. Crane Co. - Gilbert Purcell, counsel for plaintiffs in a diversity case, appeals the district court's sanction order. [3:11-cv-03240-VC] Civil N. CA Subm.
16-10243USA v. Duane Eddings - Appeal from sentence for mail fraud, engaging in monetary transactions in property derived from unlawful activity, and tax evasion. [2:09-cr-00074-JAM-2] Criminal E. CA Subm.
16-15781Brian Eftenoff v. Charles Ryan - An Arizona state prisoner appeals the dismissal of his habeas corpus petition challenging his conviction for second-degree murder. [2:14-cv-01023-NVW] Habeas AZ 10 min
15-16416USA v. Sanmina Corp. - The government appeals the district court's denial of its petition to enforce a summons based on attorney-client privilege and attorney work product doctrine. [5:15-cv-00092-PSG] Civil N. CA 15 min
15-35506John Doe v. Josephine County - John Doe and other appellants who allege that they were sexually abused by a Josephine County probation officer when they were teenagers, appeal from the district court's summary judgment in their 42 U.S.C. § 1983 action. [1:12-cv-02080-CL] Civil OR 15 min
16-10202USA v. Richard Sihner - Appeal from conviction and sentence for wire fraud and making false statements to a federal agent. [2:14-cr-00151-JAM-1] Criminal E. CA Subm.


2017-08-17  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, and RAWLINSON, Circuit Judges, and VANCE (Louisiana Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-17330Mike Tsosie v. Nancy Berryhill - Mike Tsosie appeals the district court's decision affirming the Commissioner of Social Security's denial of Tsosie's application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. [3:15-cv-08044-DKD] Social Security AZ Subm.
16-10388USA v. Gibran Figueroa-Beltran - Appeal from sentence for being a deported alien found in the United States. [2:15-cr-00176-KJD-GWF-1] Criminal NV 10 min
13-71013
15-71344
Amarjit Singh v. Jefferson Sessions - Petitions for review from the Board of Immigration Appeals' decisions rescinding petitioner's permanent resident status based on fraud, and denying relief from removal.
Immigration BIA Subm.
15-15873Italian Colors Restaurant v. Xavier Becerra - California Attorney General Kamala Harris appeals from the district court's summary judgment in an action challenging the constitutionality of California's "no surcharge" statute regarding credit card sales -- California Civil Code section 1748.1. [2:14-cv-00604-MCE-DAD] Civil E. CA 15 min
16-15083PHP Ins. Service, Inc. v. Greenwich Ins. Co. - Greenwich Insurance Co. appeals the district court's judgment awarding PHP Insurance Service, Inc. $92,612 in a diversity insurance coverage action, arising after Greenwich refused to defend PHP under an employment practices liability policy. [5:15-cv-00435-BLF] Civil N. CA 15 min


2017-08-18  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: RAWLINSON, and NGUYEN, Circuit Judges, and VANCE (Louisiana Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-10393USA v. Stephen Kerr - Appeal from denial of motion for new trial, and denial of motion to accept remand, in a case in which appellants were convicted of subscribing false tax returns. [2:11-cr-02385-JAT-1] Criminal AZ Subm.
15-15471Eric Anderson v. Clark Ducart - A California state prisoner appeals the denial of his habeas corpus petition challenging his convictions for first degree felony murder, attempted second degree robbery, and carrying a loaded firearm while a participant in a criminal street gang. [3:11-cv-02636-JST] Habeas N. CA 10 min
15-16905Mark Foley v. James Rowland - California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for murder, conspiracy, and kidnapping. [2:01-cv-00714-MCE-GGH] Habeas E. CA Subm.
16-15879Luke Scott v. J. Lizarraga - A California state prisoner appeals the dismissal of his habeas corpus petition as an unauthorized second or successive petition. [4:14-cv-02707-JSW] Habeas N. CA Subm.
15-56607Havensight Capital LLC v. Nike, Inc. - Havensight Capital, LLC appeals the district court's orders dismissing its diversity action against Nike, Inc.; issuing sanctions for violating Fed. R. Civ. P. 11 and awarding attorneys' fees; and declaring Havensight a vexatious litigant. [2:14-cv-08985-R-FFM] Civil C. CA Subm.
15-16514
16-15014
16-15109
Harrison Orr v. Terrence Plumb - California Highway Patrol officer Terrence Plumb appeals from the denial of his motion for judgment as a matter of law, entered following a jury verdict awarding plaintiff Harrison Orr $125,000 for false arrest and excessive force. [2:14-cv-00585-WBS-EFB]

Civil E. CA 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.