United States Court of Appeals for the Ninth Circuit
Calendar for The Pioneer Courthouse, Portland Oregon

March 5-9, 2018
March 29, 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.


2018-03-05  9:00 am  2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon
Before: N.R. SMITH, and HURWITZ, Circuit Judges, and CURIEL (California Southern), District Judge
Case No. Title Nature Origin Time / Side
16-30252USA v. Chad Wilson - Appeal from conviction for being a felon in possession of a firearm. [3:15-cr-00080-JO-1] Criminal OR 10 min
16-35399John Wade v. Mark Nooth - An Oregon state prisoner appeals the district court's denial of his habeas corpus petition challenging his jury conviction for attempted aggravated murder and other crimes. [2:13-cv-00755-PK] Habeas OR Subm.
16-35986Adam Horstman v. City of Hillsboro - City of Hillsboro police officers appeal from the denial of qualified immunity to defendants in an action brought by Adam Horstman pursuant to 42 U.S.C. § 1983 and state law alleging Fourth Amendment violations. [3:15-cv-00203-PK] Civil OR 10 min
17-35066Cristobal Gonzalez-Aguilera v. Mark Nooth - An Oregon state prisoner appeals the dismissal of his habeas corpus petition as untimely. [2:14-cv-00325-SI] Habeas OR Subm.
17-35669R-CALF USA v. Sonny Perdue - The U.S. Department of Agriculture and the Secretary of Agriculture appeal the district court's order granting plaintiff Ranchers Cattlemen Action Legal Fund United Stockgrowers of America's motion for a preliminary injunction. [4:16-cv-00041-BMM] Civil MT 15 min
17-35712
17-35713
DOW v. U.S. Army Corps of Engineers - Intervenor irrigation districts and federal agencies appeal interlocutorily the district court's order granting a motion to preliminarily enjoin the federal defendants from initiating construction on an irrigation project in Montana. [4:15-cv-00014-BMM]
Civil MT 20 min


2018-03-06  9:30 am  2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon
Before: FISHER, N.R. SMITH, and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
15-70159Hector Machic-Riscajche v. Jefferson Sessions - A citizen of Guatemala 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.
17-30021USA v. Fulgencio Arias, Jr. - An appeal from a jury conviction for conspiracy to distribute methamphetamine and other crimes. [3:11-cr-00494-HZ-1] Criminal OR 10 min
17-30057USA v. Sid Willis, Jr. - Appeal from sentence for a supervised release violation. [3:02-cr-00120-BR-1] Criminal OR Subm.
17-35077David Gildersleeve v. Ellen Rosenblum - An Oregon state prisoner appeals the denial of his habeas corpus petition challenging his jury conviction for attempted murder and other crimes. [3:15-cv-01178-MO] Habeas OR Subm.
16-30109 USA v. Raul Arcila - Raul Arcila and Fabian Sandoval-Ramos appeal their convictions, after a joint jury trial, and their sentences for conspiracy to distribute heroin. [3:14-cr-00267-BR-3] Criminal OR 15 min
16-30110 USA v. Fabian Sandoval-Ramos      
15-35834American Fuel & Petrochemical v. Jane O'Keeffe - American Fuel and Petrochemical Manufacturer and others appeal from a judgment on the pleadings in action alleging that the Oregon Clean Fuel Program violates the United States Constitution and is preempted by the federal Clean Air Act. [3:15-cv-00467-AA] Civil OR 20 min


2018-03-07  9:30 am  2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon
Before: FISHER, N.R. SMITH, and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
16-35161Roy Teeples v. RCO Legal, P.C. - An appeal from the dismissal of an action under the Fair Debt Collection Practices Act. [3:15-cv-02023-KI] Civil OR Subm.
16-35217JoAnn Hatch v. Megan Brennan - Joann Hatch appeals the district court's summary judgment in favor of her employer, the Postmaster General and U.S. Postal Service, in Hatch's action alleging that the Postal Service discriminated against her on the basis of her disability. [3:14-cv-05164-RBL] Civil W. WA Subm.
16-35224Redi-Co, LLC v. Prince Castle, LLC - Redi-Co, LLC appeals the district court's Fed. R. Civ. P. 12(b)(1) dismissal of Redi-Co's diversity action against Prince Castle, LLC for lack of diversity jurisdiction. [3:15-cv-01810-HZ] Civil OR 10 min
16-35105Western Radio Services Co. v. John Allen - Western Radio Services Co., Inc. appeals the district court's summary judgment in favor of the U.S. Forest Service in an action alleging that the Forest Service acted unlawfully regarding Western Radio's telecommunications facilities. [6:14-cv-00747-AA] Civil OR 15 min
16-35483Argonaut Great Central Ins. v. Paul Danoff - An appeal from the district court's summary judgment in an insurance coverage action. [6:15-cv-01466-MC] Bankruptcy OR 10 min
16-35943Patrick Ghiorso v. American General Life Ins. - Patrick Ghiorso appeals the district court's summary judgment in favor of American General Life Insurance Company in Ghiorso's diversity insurance coverage action, seeking benefits her claims are due under his mother's accidental death plan. [1:16-cv-00019-SPW] Civil MT 15 min


2018-03-08  9:30 am  2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon
Before: FISHER, N.R. SMITH, and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
15-35908Andrea Holloway v. Nancy Berryhill - Andrea Holloway appeals the district court's decision affirming the Commissioner of Social Security's denial of Holloway's application for disability insurance benefits and supplemental security income under the Social Security Act. [6:14-cv-01657-TC] Social Security OR Subm.
16-35126Matthew Mglej v. Multnomah County - Matthew Mglej appeals from summary judgment and judgment after a jury verdict in his action alleging he was wrongfully arrested by City of Portland officers and subjected to excessive force for nude protesting in downtown Portland. [3:15-cv-00096-MO] Civil OR 15 min
15-72788Friends of the Columbia Gorge v. BPA - Friends of the Columbia Gorge and Save Our Scenic Area petition for review of a Bonneville Power Administration decision to allow interconnection to BPA's transmission system of a wind generation facility. Agency BPA 20 min
16-35262Joshua Bohmker v. State of Oregon - An appeal from the district court's summary judgment in an action challenging Oregon Senate Bill 838, which prohibits certain instream motorized mining. [1:15-cv-01975-CL] Civil OR 15 min


2018-03-09  9:00 am  2nd Floor Courtroom, The Pioneer Courthouse, Portland Oregon
Before: N.R. SMITH, CHRISTEN, and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
15-73189Cuong Nguyen v. Jefferson Sessions - A citizen of Vietnam petitions for review of the Board of Immigration Appeals' denial of his motion seeking to reopen removal proceedings based on changed circumstances. Immigration BIA Subm.
16-35047Andrew Gainer v. City of Troutdale - Andrew Gainer appeals from the district court's summary judgment in his action filed under 42 U.S.C. § 1983 and state law alleging that he was arrested without probable cause by City of Troutdale police officers. [3:14-cv-01346-SI] Civil OR Subm.
16-35225Glenn Leonard v. State of Oregon - An Oregon state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first-degree sodomy, second-degree sodomy, first-degree rape, first-degree sexual abuse, and failure to report as a sex offender. [2:13-cv-01865-YY] Habeas OR Subm.
16-35814Travis Easter v. Jeri Taylor - An Oregon state prisoner appeals the dismissal of his habeas corpus petition challenging his conviction for sexual abuse and life sentence. [2:14-cv-00999-HZ] Habeas OR Subm.
15-35864Johnny Davis v. Con-Way Freight - Johnny Davis appeals the district court's summary judgment in favor of Con-Way Freight, Inc. in Davis's diversity employment discrimination action. [3:14-cv-01389-HZ] Civil OR 15 min
16-35430Pacific Western Bank v. Fagerdala USA - Lompoc, Inc. - An appeal from the district court's affirmance of the bankruptcy court's confirmation of a chapter 11 plan of reorganization. [3:15-cv-01792-MO] Bankruptcy OR 15 min


2018-03-29  10:00 am  Moot Courtroom, Menard Law Building, University of Idaho School of Law, Moscow
Before: TALLMAN, N.R. SMITH, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-35757Michael Assenberg v. Whitman County - An appeal from the district court's summary judgment in an action alleging Fourth Amendment violations by Whitman County and its police officers arising from the search of Michael Assenberg's home for marijuana and his subsequent arrest. [2:14-cv-00145-TOR] Civil E. WA 10 min
17-30059USA v. Brian Charette - Appeal from conviction for unlawful taking of a grizzly bear in violation of the Endangered Species Act. [9:16-cr-00032-DLC-1] Criminal MT 10 min
16-36071Wonder Ranch, LLC v. USA - Wonder Ranch, LLC appeals the district court's judgment in favor of the United States in Wonder Ranch's action under the Quiet Title Act, alleging exclusive ownership and control of the portion of a trail, known as the Indian Creek Trail. [2:14-cv-00057-SEH] Civil MT 15 min


Location Addresses


U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
Pioneer Courthouse
700 SW 6th Avenue
Portland OR 97204-1369


University of Idaho College of Law
Menard Law Building
711 South Rayburn Street
Moscow ID 83844-2321


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