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

May 7-11, 2018
May 14-18, 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.


2018-05-07  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and IKUTA, Circuit Judges, and FREUDENTHAL (Wyoming), District Judge
Case No. Title Nature Origin Time / Side
16-35479Laurie Bridgham-Morrison v. National General Assurance Co. - Laurie and Derek Morrison appeal the district court's summary judgment in favor of National General Assurance Company in the Morrisons' diversity insurance coverage action, arising from an underinsured motorist claim. [2:15-cv-00927-RAJ] Civil W. WA Subm.
16-35606American Economy Ins. Co v. CHL, LLC - CHL, LLC appeals the district court's summary judgment in favor of American Economy Insurance Company in a diversity insurance coverage action. [2:15-cv-00899-RSM] Civil W. WA Subm.
16-73676Abdulaziz Ahmed v. Western Ports Transportation - Abdulaziz Ahmed, a truck driver, petitions for review of the decision of the Benefits Review Board, denying Ahmed's claim against Western Ports Transportation for benefits under the Longshore and Harbor Workers' Compensation Act. [16-0067] Agency BRB Subm.
16-35643Janet Behler v. Janssen Pharmaceuticals, Inc. - Janet Behler appeals the district court's summary judgment in favor of Janssen Pharmaceuticals, Inc. in Behler's diversity action alleging disability discrimination, retaliatory discharge, and unsafe workplace. [2:14-cv-00386-SMJ] Civil E. WA 15 min
16-35831Brett Hamilton v. Kitsap County - An appeal from the district court's summary judgment in a 42 U.S.C. § 1983 action for alleged violations arising from plaintiff's termination from his position as a corrections officer in the Kitsap County Jail. [3:15-cv-05587-BHS] Civil W. WA Subm.
16-35850Lavern Farrar v. Nancy Berryhill - Lavern Farrar appeals the district court's decision affirming the Commissioner of Social Security's decision finding that Farrar's disability ended as of October 1, 2010, and that he was no longer entitled to disability insurance benefits. [3:15-cv-05297-TSZ] Social Security W. WA Subm.


2018-05-08  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and IKUTA, Circuit Judges, and FREUDENTHAL (Wyoming), District Judge
Case No. Title Nature Origin Time / Side
14-73970
15-71077
Jaspal Uppal v. Jefferson Sessions - A citizen of India petitions for review of the Board of Immigration Appeals' decision, following remand by this court, finding him ineligible for adjustment of status.
Immigration BIA 10 min
15-70134Gustavo Morales-Morales v. Jefferson Sessions - A citizen of Mexico, who fears harm by drug cartels or the government due to his criminal deportee status, petitions for review of the Board of Immigration Appeals' denial of protection under the Convention Against Torture. Immigration BIA Subm.
17-30044
17-30045
USA v. Hilario Ortiz-Calderon - Appeal from conviction and sentence for possession of methamphetamine with intent to distribute, being a felon in possession of a firearm, and illegal reentry after deportation. [3:15-cr-05133-BHS-1]
 
Criminal W. WA Subm.
16-35543Delivery Express Inc. v. Joel Sacks - An appeal from the district court's summary judgment on a claim that the Federal Aviation Administration Authorization Act preempts application of the Washington Industrial Insurance Act to a freight broker. [3:15-cv-05842-BHS] Civil W. WA Subm.
17-35011Rocky Dietz v. GEICO General Insurance Co. - Rocky Dietz appeals the district court's dismissal, as barred by the applicable statute of limitations, of Dietz's diversity insurance coverage action against GEICO General Insurance Company. [6:16-cv-00074-CCL] Civil MT Subm.


2018-05-09  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and IKUTA, Circuit Judges, and TUNHEIM (Minnesota), Chief District Judge
Case No. Title Nature Origin Time / Side
16-30239USA v. Robert Warden - An appeal from the district court's affirmance of a conviction, after a bench trial before a magistrate judge, for assault. [3:13-po-00211-EJL-1] Criminal ID Subm.
17-30086USA v. Robert Hill - Appeal from conviction and sentence for conspiracy to distribute a controlled substance. [2:16-cr-00019-BLW-7] Criminal ID Subm.
17-35130Justin Izatt v. USA - A federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion to vacate the sentence imposed following his jury conviction for possession of methamphetamine with intent to distribute. [1:13-cv-00431-EJL] Habeas ID 10 min
16-35289Fuller v. Safeco Ins. Co. of Oregon - Robert and Janet Fuller appeal the district court's summary judgment in favor of Safeco Insurance Company of Oregon in the Fullers' diversity insurance coverage action, seeking coverage for a fire loss at their home. [3:15-cv-05489-RBL] Civil W. WA 15 min
16-35374Dawn Vermeulen v. Nancy Berryhill - Dawn Vermeulen appeals the district court's decision affirming the Commissioner of Social Security's denial of Vermeulen's application for disability insurance benefits under Title II of the Social Security Act. [3:15-cv-05400-BAT] Social Security W. WA 15 min
16-35967Laurie Peterson v. Kelly Services, Inc. - An appeal from the district court's judgment, after a jury trial, in an employment discrimination action under the Americans with Disabilities Act. [2:15-cv-00074-SMJ] Civil E. WA 15 min


2018-05-10  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and IKUTA, Circuit Judges, and TUNHEIM (Minnesota), Chief District Judge
Case No. Title Nature Origin Time / Side
16-30088USA v. Arthur Cardenas - An appeal from a jury conviction and sentence for drug and firearm offfenses. [2:14-cr-00087-WFN-1] Criminal E. WA Subm.
16-35685Terence Passmore v. Dan O'Fallon - A Montana state prisoner appeals the denial of his habeas corpus petition challenging his convictions for sexual assault and sexual intercourse without consent. [1:13-cv-00121-CSO] Habeas MT Subm.
17-30009USA v. Daniel Franey - An appeal from a sentence for unlawful possession of a machine gun. [3:16-cr-05073-RBL-1] Criminal W. WA Subm.
15-70588Mihai Nicusor-Remus v. Jefferson Sessions - A citizen of Romania 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
16-35052Mickey Fowler v. Tracy Guerin - Washington state school teachers appeal from orders denying class certification and granting summary judgment for defendants in their 42 U.S.C. § 1983 action alleging they were entitled to additional interest on their individual retirement accounts. [3:15-cv-05367-BHS] Civil W. WA 15 min
16-35277Yei Sun v. Advanced China Healthcare - Yei Sun and others appeal the district court's dismissal, based on forum non conveniens, of their diversity action brought against Advanced China Healthcare, Inc., alleging violations of Washington State Securities Act. [2:15-cv-01385-JCC] Civil W. WA 15 min


2018-05-11  9:30 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and IKUTA, Circuit Judges, and TUNHEIM (Minnesota), Chief District Judge
Case No. Title Nature Origin Time / Side
16-35684Karen Hansen v. Group Health Cooperative - An appeal from the district court's dismissal of claims under the Washington Consumer Protection Act as preempted by the Employee Retirement Income Security Act.. [2:15-cv-01436-RAJ] Civil W. WA 15 min
16-35852Jesse Wesley, III v. Town Square Media West Central - An appeal from the district court's summary judgment in an employment discrimination action. [1:15-cv-03012-LRS] Civil E. WA Subm.
16-35314
16-35368
Shannon Adamson v. Port of Bellingham - The Port of Bellingham appeals, and Shannon and Nicholas Adamson cross appeal, the district court's judgment in the Adamsons' diversity action, arising after Shannon, an employee of the Alaska Marine Highway System, was injured. [2:14-cv-01804-MJP]
Civil W. WA 20 min
16-35786
16-35787
16-35931
16-36062
Curtis Rookaird v. BNSF Railway Company - Appeals from the district court's judgment after a jury trial in an action under the Federal Railroad Safety Act. [2:14-cv-00176-RSL]


Civil W. WA 20 min


2018-05-14  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BERZON, THACKER (Court of Appeals, 4th Circuit), and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
17-30011USA v. Eric Franklin - An appeal from a sentence under the Armed Career Criminal Act. [3:11-cr-05335-BHS-1] Criminal W. WA 15 min
17-30022USA v. Joshua Cooley - The United States appeals the district court's order suppressing evidence seized as a result of a vehicle stop by a tribal officer. [1:16-cr-00042-SPW-1] Criminal MT 10 min
17-30097USA v. Dan Streetman - Appeal from sentence for production of child pornography. [2:16-cr-00078-RMP-1] Criminal E. WA 10 min
16-35521
16-35553
Rodwan Sabow v. American Seafoods Co. - An appeal and a cross-appeal from the district court's judgment in an action under maritime law. [2:16-cv-00111-JCC]
Civil W. WA 10 min
16-36044Saint Alphonsus Medical Center v. St. Luke's Health System, Ltd. - An appeal from an award of attorneys' fees in an antitrust suit. [1:12-cv-00560-BLW] Civil ID 15 min
17-35490Lawrence Helm v. Lowe's Home Centers, LLC - Lawrence Helm appeals the district court's summary judgment in favor of Lowe's Home Centers, LLC in Helm's diversity action, alleging negligence arising after Helm tripped over a caution cone at a Lowe's store in Washington. [3:16-cv-05823-BHS] Civil W. WA Subm.


2018-05-14  2:30 pm  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: GOULD, and BERZON, Circuit Judges, and STEEHIII (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
13-56686
13-57072
Angel Mendez v. County of Los Angeles - County of Los Angeles Sheriff's Department deputies appeal from the district court's bench trial judgment in a 42 U.S.C. § 1983 action brought by Angel Mendez and Jennifer Garcia alleging excessive force. [2:11-cv-04771-MWF-PJW]
Civil C. CA 20 min


2018-05-15  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BERZON, THACKER (Court of Appeals, 4th Circuit), and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
16-35542Stephen Eugster v. Paula Littlewood - Attorney appeals pro se from the district court's dismissal of his action brought under 42 U.S.C. § 1983 action against officials of the Washington State Bar Association alleging due process violations. [2:15-cv-00352-TOR] Civil E. WA 10 min
16-35664Robert Warshawer v. Rick Tarnutzer - Rick and Nancy Tarnutzer appeal the district court's dismissal of a sanctions order dismissing their claims based on noncompliance with an order to compel, arising from a diversity action brought by Robert and Kim Warshawer. [2:14-cv-01042-RSM] Civil W. WA 10 min
16-35736Kathleen Whalen v. Nancy Berryhill - Kathleen Whalen appeals the district court's decision remanding her Social Security Act disability claim to a different administrative law judge. [2:15-cv-01963-RSM] Social Security W. WA Subm.
16-35891Laura Blankenship v. Todd McDevitt - Plaintiffs appeal from a summary judgment in their 42 U.S.C. § 1983 action alleging that Idaho State Trooper and a Shoshone County Sheriff's Office Deputy used excessive deadly force when they shot and killed Alexander Mandarino. [2:14-cv-00281-EJL-REB] Civil ID 15 min
17-35162Fidelitad, Inc. v. Insitu, Inc. - An appeal from the district court's summary judgment on an unjust enrichment claim and its denial of a motion to remand the case to state court on the ground that federal officer removal was improper. [2:13-cv-03128-TOR] Civil E. WA 15 min
17-35405LL Liquor, Inc. v. State of Montana - LL Liquor appeals from a summary judgment in its 42 U.S.C. § 1983 action alleging that Montana Senate Bill 193 violates the Contract Clauses, the Takings Clauses, and the Due Process Clauses under the U.S. and Montana Constitutions. [6:15-cv-00071-SEH] Civil MT 15 min


2018-05-16  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BERZON, THACKER (Court of Appeals, 4th Circuit), and HURWITZ, Circuit Judges
Case No. Title Nature Origin Time / Side
15-71083Anselmo Ramos-Morales 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.
15-72181Miriam Gomez Hernandez v. Jefferson Sessions - Citizens of Guatemala 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 Subm.
16-35008Daniel Hoag v. City of Quincy - Plaintiff appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging violations of his Fourth Amendment rights and claims under the Washington state constitution in connection with a traffic stop. [2:14-cv-00363-SAB] Civil E. WA Subm.
16-35568Chintan Mehta v. U.S. Department of State - Plaintiffs appeal the district court's dismissal for lack of jurisdiction of their challenge to the State Department's revision of a 2015 Visa Bulletin. [2:15-cv-01543-RSM] Civil W. WA 15 min
16-35569Sandra Thornell v. Seattle Service Bureau - Sandra Thornell appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of a diversity putative class action brought against Seattle Service Bureau, Inc. and State Farm Company. [2:14-cv-01601-MJP] Civil W. WA 15 min
17-35057Apex Abrasives v. WGI Heavy Minerals - Apex Abrasives, Inc. appeals the district court's judgment, in favor of WGI Heavy Minerals, Inc. in Apex's diversity action, alleging breach of contract and other claims [2:14-cv-00037-SEH-JTJ] Civil MT 15 min


2018-05-17  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BERZON, and HURWITZ, Circuit Judges, and DEARIE (New York Eastern), District Judge
Case No. Title Nature Origin Time / Side
16-30301USA v. Cavon Clark - Appeal from sentence for production and transportation of child pornography. [2:11-cr-00173-LRS-1] Criminal E. WA 10 min
16-35776John Reynolds v. Wash. Dept. of Corrections - Washington state prisoner appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to medical needs. [3:16-cv-05126-RBL] Pr Non-HC W. WA 10 min
16-35272Tana Hummel v. Northwest Trustee Service - An appeal from the district court's partial dismissal and partial summary judgment on claims arising from foreclosure proceedings. [2:15-cv-00255-RAJ] Civil W. WA 15 min
16-35753Hyun Um v. Spokane Rock I, LLC - An appeal from the district court's affirmance of the bankruptcy court's summary judgment denying bankruptcy discharge. [3:15-cv-05787-BHS] Bankruptcy W. WA 15 min
16-73326Epifanio Perez 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


2018-05-18  9:00 am  7th Floor Courtroom 2, William K. Nakamura Courthouse, Seattle Washington
Before: BERZON, and HURWITZ, Circuit Judges, and DEARIE (New York Eastern), District Judge
Case No. Title Nature Origin Time / Side
15-72601Adan Guzman-Hernandez 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 10 min
16-30180USA v. Domingo Valdovinos - An appeal from a jury conviction for murder in connection with conspiracy to distribute methamphetamine. [2:14-cr-00134-WFN-1] Criminal E. WA 10 min
16-35935Herbert Pearse v. First Horizon Home Loan Corp. - Herbert Pearse appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of his diversity action against First Horizon Home Loan and other mortgage entities alleging various claims arising when Pearse defaulted on his mortgage loan. [3:16-cv-05627-BHS] Civil W. WA 10 min
16-35440Ted Bradford v. Joseph Scherschligt - Plaintiff appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action, brought after he served nine years in prison and was, on retrial, acquitted of all charges. [2:13-cv-03012-TOR] Civil E. WA 15 min
16-35552Weiss-Jenkins IV LLC v. Utrecht Manufacturing Corp. - Utrecht Manufacturing Corp. and Dick Blick Holdings, Inc. appeal the district court's judgment in a diversity action brought by Weiss-Jenkins IV LLC alleging breach of commercial lease for a retail space. [2:14-cv-00954-RSL] Civil W. WA 15 min
17-35237
17-35243
17-35249
17-35250
17-35253
LHF Productions Inc. v. Aaron Lightner - Appeals from the district court's judgment and award of attorneys' fees in five copyright infringement cases. [2:16-cv-00552-RSM]



Civil W. WA 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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