United States Court of Appeals for the Ninth Circuit
Calendar for William K. Nakamura Courthouse, Seattle Washington

February 5-9, 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.


2018-02-05  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and PAEZ, Circuit Judges, and MCSHANE (Oregon), District Judge
Case No. Title Nature Origin Time / Side
16-30142USA v. Lance Gloor - Appeal from conviction for conspiracy to distribute marijuana and manufacturing marijuana. [3:13-cr-05659-RBL-1] Criminal W. WA 10 min
16-30206USA v. Kristofer Wright - Appeal from conviction for possession of methamphetamine with intent to distribute. [1:14-cr-00112-SPW-1] Criminal MT Subm.
16-30268USA v. David Matthew - Appeal from conviction and sentence for being a felon in possession of firearms and ammunition. [1:15-cr-00081-SPW-1] Criminal MT 10 min
16-30177USA v. Craig Morgenstern - Appeal from conviction for aggravated sexual abuse of a child, production of child pornography, transportation with intent to engage in sexual contact with a child, receipt of child pornography, and possession of child pornography. [2:14-cr-00161-WFN-1] Criminal E. WA Subm.
16-35742Joseph Pakootas v. Teck Cominco Metals, Ltd. - An appeal from the district court's judgment against the defendant in a CERCLA case. [2:04-cv-00256-LRS] Civil E. WA 20 min


2018-02-05  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: M. SMITH, and MURGUIA, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-35842Judith Burbrink v. Phyllis Campbell - An appeal from the dismissal of a shareholder derivative action for failure to allege demand futility. [2:15-cv-00377-JCC] Civil W. WA 15 min
17-35640U.S. Chamber of Commerce v. City of Seattle - An appeal from the dismissal of an action challenging Seattle Ordinance 124968, which establishes a process for ride-share drivers to engage in collective bargaining. [2:17-cv-00370-RSL] Civil W. WA 20 min
17-35693Dan Clark v. City of Seattle - An appeal from the dismissal of an action challenging Seattle Ordinance 124968, which establishes a process for ride-share drivers to engage in collective bargaining. [2:17-cv-00382-RSL] Civil W. WA 15 min
16-35829Alliance for the Wild Rockies v. USFS - Plaintiffs appeal the district court's summary judgment in favor of the U.S. Forest Service, and intervenors in an action challenging the Forest Service's approval of the Lost Creek-Boulder Creek Restoration Project in the Payette National Forest. [1:15-cv-00193-EJL] Civil ID 20 min


2018-02-06  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: FISHER, GOULD, and PAEZ, Circuit Judges
Case No. Title Nature Origin Time / Side
14-72590Jose Ramos-Guzman v. Jefferson Sessions - 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 Subm.
16-35038Marisa Spooner-LeDuff v. SunTrust Mortgage - Marisa Spooner-LeDuff appeals the district court's summary judgment in favor of SunTrust Mortgage, Inc. in a diversity action alleging various claims arising after SunTrust held a nonjudicial foreclosure of Spooner-LeDuff's real property. [2:14-cv-01471-JCC] Civil W. WA 15 min
16-35191Asa Williams, Jr. v. Carmen Mays-Williams - An appeal from the district court's judgment after a bench trial in an ERISA case. [3:11-cv-05830-BHS] Civil W. WA Subm.
16-35236Michelle Hurter v. Nancy Berryhill - Michelle Hurter appeals the district court's decision, affirming the Commissioner of Social Security's denial of Hurter's application for supplemental security income under Title XVI of the Social Security Act. [3:14-cv-05874-KLS] Social Security W. WA 15 min
16-35731Northland Casualty Company v. Northwest Log Homes, LLC - Northwest Log Homes, LLC and Duane Keim, and 3rd party plaintiffs Joseph Mulroy dba Yorlum Ranch, Ltd. appeal the district court's judgment in favor of Northland Casualty Company in Northland's diversity insurance coverage action. [9:13-cv-00232-DLC] Civil MT 15 min


2018-02-06  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: M. SMITH, and MURGUIA, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
14-71273Rigoberto Alvarez-Nunez v. Jefferson Sessions - 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 15 min
16-35005Manuel Garcia v. City of Everett - Sherman Mah, Manuel Garcia and Richard Wolfington appeal from the district court's judgment in their action alleging that they were denied promotions by the City of Everett's Police Department because of their race or national origin. [2:14-cv-00030-RAJ] Civil W. WA 15 min
16-35010Cheryl Kater v. Churchill Downs Inc. - Cheryl Kater appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of her diversity putative class action against Churchill Downs Inc. alleging claims under Washington law that a virtual game constituted illegal gambling. [2:15-cv-00612-MJP] Civil W. WA 15 min
16-35384Penny Goudelock v. Sixty-01 Ass'n of Apt. Owners - An appeal from the district court's affirmance of the bankruptcy court's summary judgment in an adversary proceeding regarding the dischargeability of condominium association dues. [2:15-cv-01413-MJP] Bankruptcy W. WA 15 min
16-35506Mary Murray v. BEJ Minerals, LLC - BEJ Minerals, LLC appeals the district court's summary judgment in favor of Mary and Lige Murray in the Murrays' diversity action seeking a declaratory judgment concerning the ownership of mineral rights and dinosaur fossils. [1:14-cv-00106-SPW] Civil MT 15 min


2018-02-07  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: FISHER, GOULD, and PAEZ, Circuit Judges
Case No. Title Nature Origin Time / Side
13-74213Orlando Vasquez-Valle v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision finding him inadmissible and subject to removal. Immigration BIA 10 min
13-73022Juan Barrera-Lima v. Jefferson Sessions - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' decision finding him ineligible for cancellation of removal based on his conviction. Immigration BIA 15 min
15-35785
15-35899
Michael Elliott v. BNSF Railway Co. - BNSF Railway Co. appeals the district court's judgment after a jury trial on a claim of retaliatory termination under the Federal Railroad Safety Act. [3:14-cv-05054-RBL]
Civil W. WA 15 min
15-30307USA v. Jesus Elizondo - Appeal from denial of motion for reduction of sentence. [2:13-cr-00024-SEH-2] Criminal MT 10 min
16-30283USA v. Quy Nguyen - Appeal from the denial of his motion for reduction of sentence. [2:09-cr-00062-RSM-1] Criminal W. WA Subm.
17-30019USA v. Daniel Flaherty - Appeal from denial of motion for reduction of sentence based on retroactive Sentencing Guidelines Amendment 782. [2:08-cr-00137-WFN-29] Criminal E. WA 10 min


2018-02-07  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: M. SMITH, and MURGUIA, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
16-30299USA v. Keith Studhorse, II - Appeal from conviction and sentence for illegally possessing body armor. [2:16-cr-00087-TOR-1] Criminal E. WA Subm.
17-30020USA v. Jeremy Bohlman - An appeal from a jury conviction for sexual abuse and aggravated sexual abuse. [2:15-cr-00279-EJL-1] Criminal ID 10 min
15-35550Nancy Bess v. Ocwen Loan Servicing LLC - Nancy Bess, individually, and as personal representative of the estate of Gary Bess, and others similarly situated, appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of her diversity action brought against Ocwen Loan Servicing LLC. [3:15-cv-05020-BHS] Civil W. WA 10 min
16-30207USA v. Michael Johnson - Appeal from conviction for possession with intent to distribute methamphetamine. [1:15-cr-00013-SPW-1] Criminal MT 10 min
16-36037Michael Miller v. Leroy Kirkegard - A Montana state prisoner appeals the denial of his habeas corpus petition challenging his jury conviction for deliberate homicide. [4:13-cv-00013-DWM] Habeas MT Subm.
15-35701Flathead Irrigation District v. Ryan Zinke - Flathead Irrigation District appeals the district court's dismissal of its action seeking declaratory and injunctive relief against federal agencies and officials for claims arising out of actions with respect to the Flathead Irrigation Project. [9:14-cv-00088-DLC] Civil MT Subm.


2018-02-08  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: FISHER, GOULD, and PAEZ, Circuit Judges
Case No. Title Nature Origin Time / Side
16-35205Casey Taylor v. Burlington No. R.R. Holdings - Casey Taylor appeals the district court's summary judgment in favor of Burlington Northern Railroad Holdings Inc. in an action alleging knee- and back-related, and obesity, disability discrimination claims under the WA Law Against Discrimination. [2:11-cv-01289-JLR] Civil W. WA 15 min
14-73427Medhanie Ghebresillasie v. Jefferson Sessions - A citizen of Eritrea petitions for review of the Board of Immigration Appeals' denial of his motion seeking to reopen removal proceedings based on changed country conditions. Immigration BIA 10 min
16-35457EEOC v. BNSF Railway Company - BNSF Railway Company appeals the district court's summary judgment in favor of the Equal Employment Opportunity Commission in the EEOC's action alleging BNSF violated the Americans with Disability Act. [2:14-cv-01488-MJP] Civil W. WA 15 min
16-35240John Marts v. US Bank - John and Michelle Marts appeal the district court's summary judgment in favor of U.S. Bank National Association and other mortgage entities in the Marts' diversity action, alleging claims arising out of the foreclosure of the Marts' residence. [2:15-cv-00198-RAJ] Civil W. WA Subm.
16-35866Ctr. for Biological Diversity v. Ryan Zinke - Plaintiffs appeal the district court's summary judgments in favor of federal agencies and intervenor State of Montana in an action challenging the U.S. Fish & Wildlife Service's Finding not to list the Arctic grayling as an endangered species. [2:15-cv-00004-SEH] Civil MT 20 min


2018-02-08  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: M. SMITH, and MURGUIA, Circuit Judges, and ROBRENO (Pennsylvania Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-35591Chase Construction North West v. AIX Specialty Ins. Co. - Chase Construction North West Inc. appeals the district court's summary judgment in favor of AIX Specialty Insurance Company in a diversity insurance coverage action, seeking a declaration that AIX owes Chase a defense. [2:15-cv-00019-RAJ] Civil W. WA Subm.
13-73705Juan Guzman-Ramirez v. Jefferson Sessions - A citizen of Mexico petitions for review of the reinstatement by the Department of Homeland Security of his prior removal order. Immigration BIA 15 min
16-35023Robert Blangeres v. United States Seamless, Inc. - Robert and Danelle Blangeres appeal the district court's summary judgment in favor of U.S. Seamless, Inc. and others in the Blangeres' diversity action, alleging breach of warranty and other claims after the Blangereses purchased defective siding. [2:13-cv-00260-SAB] Civil E. WA 15 min
16-35442United Capital Funding Corp. v. Ericsson Inc - United Capital Funding Corp. appeals the district court's summary judgment in favor of Ericsson Inc. in United's diversity action, alleging breach of the statutory duty under Section 9-406 of Uniform Commercial Code. [2:15-cv-00194-JCC] Civil W. WA 15 min


2018-02-09  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, PAEZ, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
16-30188USA v. Gregory Obendorf - Appeal from conviction for violating the Migratory Bird Treaty Act. [1:15-cr-00254-BLW-1] Criminal ID 10 min
16-30203USA v. Travis Barnes - Appeal from conviction for being a felon in possession of a firearm. [1:15-cr-02061-LRS-1] Criminal E. WA Subm.
16-35647Roy Porter v. Patrick Glebe - A Washington state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first-degree assault (with a firearm enhancement) and unlawful possession of firearm in the second degree. [2:15-cv-01666-RSM] Habeas W. WA Subm.
16-30141USA v. William Poff - Appeal from order directing the BOP to pay the balance of inmate trust account to the district court in order to enforce restitution obligation. [2:09-cr-00160-JLR-3] Criminal W. WA 15 min
16-35663
16-35693
16-35694
16-35705
Christopher Conant v. Credit Suisse Group Securities - The Huntley plaintiffs and the Gibson plaintiffs appeal the district court's summary judgments in favor of Cushman & Wakefield and Credit Suisse in plaintiffs' diversity putative class actions; and plaintiffs' attorneys appeal the sanctions order. [1:10-cv-00001-JLQ]


Civil ID 20 min


2018-02-09  9:00 am  SE 8th Flr Courtroom 1, William K. Nakamura Courthouse, Seattle Washington
Before: M. SMITH, and MURGUIA, Circuit Judges, and GORDON (Nevada), District Judge
Case No. Title Nature Origin Time / Side
15-35622Matthew Kinerson v. Spokane County - Matthew Kinerson appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that Spokane County police officers used excessive force when they shot him with a taser during a response to a 911 call. [2:14-cv-00216-JLQ] Civil E. WA 10 min
16-35138Leonard Bruce v. ReconTrust Co. - Leonard and Bonnie Bruce appeal the district court's dismissal of the Bruces' diversity action against mortgage entities, alleging claims arising when plaintiffs' deed of trust was reassigned during a trustee's nonjudicial foreclosure proceeding. [3:15-cv-05866-RJB] Civil W. WA 15 min
16-35537Andante Lamont-Goldsby v. Amanda Kaschmitter - An appeal from a summary judgment in a 42 U.S.C. § 1983 action alleging plaintiff was discriminated against by employees of the North Idaho Correctional Institution on the basis of his race and retaliated against him for filing a grievance. [1:14-cv-00032-REB] Pr Non-HC ID 15 min
16-35666Leroy McFadden v. Nancy Berryhill - Leroy McFadden appeals the district court's decision affirming the Commissioner of Social Security's denial of McFadden's application for disability insurance benefits under Title II of the Social Security Act. [9:15-cv-00082-DLC] Social Security MT Subm.
16-35687J. K. v. Missoula County Public Schools - An appeal from the district court's judgment in an action under the Individuals with Disabilities Education Act. [9:15-cv-00122-RWA] Civil MT 15 min


Location Address


U.S. Court of Appeals for the Ninth Circuit
William K. Nakamura U.S. Courthouse
1010 Fifth Avenue
Seattle WA 98104


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