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

October 10-13, 2017
October 16-20, 2017
October 25, 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.


2017-10-10  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, TASHIMA, and BYBEE, Circuit Judges
Case No. Title Nature Origin Time / Side
14-70900Elias Beltran Rascon v. Jefferson Sessions - A native and citizen of Mexico petitions for review of the Board of Immigration Appeals' determination that he was inadmissible due to his unlawful presence, and therefore ineligible for adjustment of status. Immigration BIA Subm.
16-15869Joseph Dylag v. West Las Vegas Surgery Center - An appeal from the district court's dismissal of employment discrimination claims on the ground that they were subject to arbitration. [2:16-cv-00120-APG-VCF] Civil NV Subm.
16-166965 & Diner of North America LLC v. Wadsworth Jordan Crossing LLC - 5 & Diner of North America LLC appeals the district court's judgment on the pleadings in favor of Wadsworth Jordan Crossing, LLC in a diversity action for tortious interference with a franchise agreement. [2:15-cv-02392-SPL] Civil AZ Subm.
16-15695Greg Jacobi v. Charles Ergen - Greg Jacobi, derivatively on behalf of EchoStar Corporation, appeals the district court's dismissal of his diversity action against Charles Ergen and other members of EchoStar's Board, challenging an award of stock options to Ergen. [2:12-cv-02075-JAD-GWF] Civil NV 15 min
16-15795Marilyn Johnson v. SEIU Local 1107 - An appeal from the district court's summary judgment in an employment discrimination action. [2:14-cv-01104-JCM-GWF] Civil NV Subm.
16-16764Richard Pike v. J. Hester - Elko County Sheriff Deputy appeals from the district court's summary judgment in an action brought by former Elko County recreation center employee Richard Pike alleging defamation, illegal searches and seizures and general harassment. [3:12-cv-00283-RCJ-VPC] Civil NV Subm.


2017-10-11  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, and BYBEE, Circuit Judges, and MAHAN (Nevada), District Judge
Case No. Title Nature Origin Time / Side
16-15748Delphia Ray v. Nancy Berryhill - Delphia Ray appeals the district court's decision affirming the Commissioner of Social Security's denial of Ray's application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. [1:14-cv-01039-EPG] Social Security E. CA Subm.
16-15828Marilyne Hennessey v. Nancy Berryhill - Marilyne Hennessey appeals the district court's decision affirming the Commissioner of Social Security's denial of Hennessey's application for disability insurance benefits under Title II of the Social Security Act. [2:14-cv-02757-SPL] Social Security AZ 10 min
16-71726Eduardo Ramos Guzman v. Jefferson Sessions - A citizen of Mexico petitions for review of an immigration judge's decision affirming an asylum officer's negative reasonable fear determination in reinstatement removal proceedings. Immigration BIA Subm.
14-73459Marco Lopez-Ortiz v. Jefferson Sessions - A citizen of Mexico petitions for review of an immigration judge's affirmance of an asylum officer's negative reasonable fear determination in reinstated removal proceedings. Immigration BIA Subm.
16-15785Frank Cheatham v. City of Phoenix - An appeal from the district court's summary judgment in a Title VII case. [2:13-cv-00641-SPL] Civil AZ 15 min
16-16304Thomas Bullen v. Jefferson Sessions - Thomas Bullen, a former employee of the U.S. Marshals Service, appeals the district court's summary judgment in favor of the U.S. Attorney General, in Bullen's action alleging employment discrimination. [2:13-cv-01349-TMB] Civil AZ Subm.


2017-10-11  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and REINHARDT, and O'MALLEY (Federal Circuit), Circuit Judges
Case No. Title Nature Origin Time / Side
16-10350USA v. Daniel Barnes - Appeal from conviction for conspiracy to commit sex trafficking of a child, sex trafficking of a child, transportation of a minor for prostitution, and conspiracy to commit sexual exploitation of a child. [2:13-cr-00423-JCM-GWF-1] Criminal NV 10 min
16-15656USA v. Flavio De Morais - Federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion challenging his conviction for mail fraud arising from false or misleading mortgage loan applications. [3:14-cv-00484-WHO] Habeas N. CA Subm.
16-16247David Alford v. Joe Lizarraga - The State of California appeals the district court's order granting a state prisoner's habeas corpus petition challenging his conviction for second-degree murder. [3:14-cv-02904-JST] Habeas N. CA 10 min
16-16537Oscar Morales v. Anthony Hedgpeth - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for attempted murder and assault with a firearm. [2:12-cv-00544-TLN-KJN] Habeas E. CA Subm.
16-15303Northstar Financial Advisors v. Schwab Investments - An appeal from the dismissal of state law claims as precluded by the Securities Litigation Uniform Standards Act. [5:08-cv-04119-LHK] Civil N. CA 15 min
16-70496
16-70497
Altera Corp. v. CIR - Appeal by Commissioner of Internal Revenue of a Tax Court decision on a petition for redetermination of federal income tax deficiencies, involving allocation of income and expenses as to taxpayer's cost-sharing agreements under IRC § 482. [6253-12]
Tax Court N. CA 20 min


2017-10-12  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and REINHARDT, and O'MALLEY (Federal Circuit), Circuit Judges
Case No. Title Nature Origin Time / Side
15-70583Satnam Singh v. Jefferson Sessions - A citizen of India petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
16-10466USA v. Rachel Siders - Appeal from conviction for bank fraud, false statement to a bank, and aggravated identity theft. [2:12-cr-00226-JAM-1] Criminal E. CA Subm.
17-10130USA v. Ismael Maya-Pizano - Appeal from sentence for illegal reentry after deportation. [2:16-cr-00121-JAM-1] Criminal E. CA Subm.
16-15370Williams Hicks v. PGA Tour, Inc. - An appeal from the dismissal of an antitrust action brought by golf caddies. [3:15-cv-00489-VC] Civil N. CA 15 min
16-15377Silken Brown v. Cinemark USA, Inc. - Plaintiffs, individually and on behalf of others pursuant to the Private Attorneys General Act, appeal the district court's judgment in their diversity action brought against Cinemark USA, Inc., alleging wage and hour claims. [3:13-cv-05669-WHO] Civil N. CA 15 min


2017-10-12  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: TASHIMA, and BYBEE, Circuit Judges, and LEITMAN (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
14-73800Javier Solorio-Alcaraz v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying cancellation of removal based on his controlled substance conviction. Immigration BIA Subm.
15-70743Efrain Villegas Sanchez v. Jefferson Sessions - A citizen of Mexico petitions for review of the Board of Immigration Appeals' decision denying cancellation of removal, withholding of removal and relief under the Convention Against Torture. Immigration BIA Subm.
16-15712Minden Air Corp. v. Starr Indemnity & Liability Co - Minden Air Corporation appeals the district court's summary judgment in favor of Starr Indemnity & Liability Company in a diversity insurance coverage action, alleging claims arising out of a gear-up landing by a 1957 Lockheed aircraft. [3:13-cv-00592-HDM-WGC] Civil NV 10 min
16-15728Jerrid Allen v. Kevin Milas - Appeal from the district court's dismissal of an action challenging the State Department's denial of a visa application. [1:15-cv-00705-MCE-SAB] Civil E. CA 15 min
16-55236Rola Chehade v. Rex Tillerson - Appeal from the district court's denial of a writ challenging the government's denial of an immigrant visa application. [2:15-cv-02219-DDP-JEM] Civil C. CA 15 min
16-15740Thomas Knickmeyer v. Nevada ex rel. Eighth Judicial - An appeal from the district court's summary judgment in a Title VII case. [2:14-cv-00231-JCM-PAL] Civil NV Subm.


2017-10-13  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and REINHARDT, and TROTT, Circuit Judges
Case No. Title Nature Origin Time / Side
14-71628Jasvir Singh-Garcha v. Jefferson Sessions - A citizen of India petitions for review of the Board of Immigration Appeals' denial of asylum, withholding of removal, and protection under the Convention Against Torture. Immigration BIA 10 min
15-16739ST Ventures, LLC v. KBA Assets and Acquisitions - An appeal from the dismissal of an action pursuant to Federal Rule of Civil Procedure 41(b). [1:12-cv-01058-LJO-SMS] Civil E. CA Subm.
15-70776Ming Dai v. Jefferson Sessions - A citizen of China 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.
16-16483Michael Jeffries v. LVMPD - Michael Jeffries appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action arising from his termination as a probationary police officer with the Las Vegas Metropolitan Police Department. [2:14-cv-01862-KJD-CWH] Civil NV Subm.
16-16571Katinka Hosszu v. Casey Barrett - Katinka Hosszu, a famous professional swimmer, appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of her diversity action against Casey Barrett and Sports Publications International, Inc. alleging that she was defamed. [2:15-cv-02285-GMS] Civil AZ 15 min
16-70481CPUC v. FERC - California Public Utilities Commission petitions for review of the Federal Energy Regulatory Commission's decision, applying its incentive rules under the Energy Policy Act of 2005 to Pacific Gas & Energy to remain within a Transmission Organization. Agency 15 min


2017-10-13  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: TASHIMA, and BYBEE, Circuit Judges, and LEITMAN (Michigan Eastern), District Judge
Case No. Title Nature Origin Time / Side
16-15578Jerry Neufeld, Jr. v. Winco Holdings, Inc. - Jerry Neufeld appeals the district court's summary judgment in favor of his former employer, Winco Holdings, Inc., in Neufeld's diversity action alleging employment claims under the California Fair Employment and Housing Act. [1:14-cv-01505-DAD-JLT] Civil E. CA 10 min
16-15859FTC v. Glen Burke - Glen Burke appeals the district court's order holding him in contempt and ordering him to pay compensatory sanctions for consumer losses in an action brought by the Federal Trade Commission. [2:97-cv-00750-GMN-VCF] Civil NV 10 min
16-16591Amy Phelps v. Nancy Berryhill - Amy Phelps appeals the district court's decision affirming the Commissioner of Social Security's denial of Phelps's application for disability insurance benefits under Title II of the Social Security Act. [2:15-cv-00853-SPL] Social Security AZ Subm.
16-15473Maurice Caldwell v. City & County of San Francisco - Maurice Caldwell appeals from a summary judgment in his 42 U.S.C. § 1983 action alleging San Francisco Police Department Officers fabricated evidence and engaged in suggestive identification techniques, leading to his wrongful conviction. [3:12-cv-01892-EDL] Civil N. CA 15 min
16-15549Patrick White v. JPMorgan Chase & Co. - Patrick and Nelda White appeal the district court's Fed. R. Civ. P. 12(b)(6) dismissal of their diversity action against JPMorgan Chase & Co. and Select Portfolio Servicing, Inc., alleging various causes of action. [2:15-cv-01775-MCE-AC] Civil E. CA 15 min
16-15574Daniel F. v. Blue Shield of California - An appeal from the district court's denial of class certification in an ERISA case. [4:09-cv-02037-PJH] Civil N. CA 15 min


2017-10-16  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: HAWKINS, and W. FLETCHER, Circuit Judges, and KRONSTADT (California Central), District Judge
Case No. Title Nature Origin Time / Side
15-71437Walid Majdub v. Jefferson Sessions - A citizen of Israel 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.
16-15832Dwight Tamplin, Jr. v. William Muniz - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for possession of a handgun. [1:12-cv-01633-AWI-SKO] Habeas E. CA 10 min
16-17044Audencio Maldonado v. Daniel Paramo - A California state prisoner appeals the dismissal of his habeas corpus petition challenging his conviction for lewd or lascivious acts on a child by force. [4:14-cv-01920-JSW] Habeas N. CA 10 min
16-15437Arnold Chew v. City & County of San Francisco - An appeal from the district court's summary judgment in an employment discrimination case. [3:13-cv-05286-MEJ] Civil N. CA 15 min
16-70699
16-71001
Capay, Inc. v. NLRB - Capay, Inc. dba Farm Fresh petitions for review, and the National Labor Relations Board cross petitions for enforcement of its order which determined that Capay engaged in unfair labor practices under the National Labor Relations Act. [20-CA-166233]
Agency 15 min
16-70939
16-70941
Bonnie Angle v. CIR - Appeal of a Tax Court decision denying litigation costs. [29418-11]
Tax Court N. CA Subm.


2017-10-16  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: IKUTA, and HURWITZ, Circuit Judges, and MOLLOY (Montana), District Judge
Case No. Title Nature Origin Time / Side
15-15245Humberto Diaz v. G.D. Lewis - A California state prisoner appeals the denial of his habeas corpus petition challenging his conviction for three counts of attempted murder. [2:12-cv-01095-WBS-AC] Habeas E. CA 10 min
15-15677Susan Polk v. Molly Hill - A California state prisoner appeals the dismissal of her habeas corpus petition challenging her conviction for second degree murder. [3:12-cv-05986-VC] Habeas N. CA Subm.
16-16092Adolfo Lemus v. Paul Barile - Merced County Deputy Sheriff Paul Barile appeals from the district court's denial of his Fed. R. Civ. P. 12(b)(6) motion to dismiss a 42 U.S.C. § 1983 action alleging Fourth Amendment violations on the basis of qualified immunity. [1:15-cv-00359-MCE-EPG] Civil E. CA Subm.
16-15690Brenda Martin v. Metropolitan Life Ins. Co - Brenda Martin appeals the district court's Fed. R. Civ. P. 12(b)(6) dismissal of a diversity putative class action against Metropolitan Life Insurance Company, alleging that MetLife violated a 1918 California voter initiative. [3:16-cv-00484-RS] Civil N. CA 20 min
16-16037Sanford Wishnev v. Northwestern Mutual - The Northwestern Mutual Life Insurance Company appeals interlocutorily the district court's order denying Northwestern's motion to dismiss Sanford Wishnev's diversity putative class action. [3:15-cv-03797-EMC] Civil N. CA 5 min
16-16401Nick Lujan v. New York Life Ins. Co. - Plaintiffs appeal the district court's dismissal of their putative class action against New York Life Insurance Company alleging causes of action for declaratory relief, violations of California's Unfair Competition Law, and usury law. [4:16-cv-00913-JSW] Civil N. CA 5 min


2017-10-16  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: TALLMAN, and CALLAHAN, Circuit Judges, and EZRA (Hawaii), District Judge
Case No. Title Nature Origin Time / Side
15-10553USA v. Brett Depue - Appeal from conviction and sentence for conspiracy to commit bank fraud/wire fraud, and wire fraud/aiding and abetting arising from a mortgage fraud scheme. [2:10-cr-00121-RLH-RJJ-1] Criminal NV 10 min
15-17083Eugene Davis v. HDSP - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first degree kidnaping and attempted murder. [2:05-cv-01179-KJD-NJK] Habeas NV Subm.
15-17223Jerome Pringle v. Charles Ryan - An Arizona state prisoner appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for first-degree murder and theft of means of transportation. [2:14-cv-00811-PGR] Habeas AZ Subm.
17-15381
17-15383
Jane Doe v. John Kelly - Civil detainees confined in U.S. Customs and Border Protection facilities within the Tucson Sector of the U.S. Border Patrol appeal from the district court's preliminary injunction order in their class action challenging conditions of confinement. [4:15-cv-00250-DCB]
Pr Non-HC AZ 15 min
17-15552FTC v. E.T.S. Ventures, LLC - El Dorado Trailer Sales, LLC appeals the district court's order denying El Dorado's motion to dissolve the emergency restraining order in an action brought by the Federal Trade Commission against certain payday lending entities. [2:12-cv-00536-GMN-VCF] Civil NV 15 min
17-16221Grand Jury Subpoena - Materials filed under seal. [2:17-mc-00036-DJH] Civil AZ 15 min


2017-10-17  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: HAWKINS, W. FLETCHER, and TALLMAN, Circuit Judges
Case No. Title Nature Origin Time / Side
16-17123True Health Chiropractic, Inc. v. McKesson Corporation - An appeal from the district court's order denying class certification in an action under the Telephone Consumer Protection Act. [4:13-cv-02219-HSG] Civil N. CA 15 min
17-15579Patricia Fox v. Vision Service Plan - Vision Service Plan appeals interlocutorily the district court's order granting the motion of Dr. Patricia Fox, a licensed optometrist, for a preliminary injunction in Fox's diversity action against VSP seeking declaratory relief. [2:16-cv-02456-JAM-DB] Civil E. CA 15 min
15-10563 USA v. Kevin Laney - Appeal from conviction for conspiracy to commit mail fraud and mail fraud arising from a scheme to defraud Matrix Services, Inc. [4:12-cr-00862-YGR-3] Criminal N. CA 20 min
15-10605 USA v. Brian Federico      
16-16915Marcus Roberts v. AT&T Mobility LLC - In an interlocutory appeal, plaintiffs appeal from an order compelling arbitration in their action against AT&T alleging that AT&T falsely advertised its mobile phone service plans. [3:15-cv-03418-EMC] Civil N. CA 20 min


2017-10-17  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: IKUTA, and HURWITZ, Circuit Judges, and MCSHANE (Oregon), District Judge
Case No. Title Nature Origin Time / Side
16-10258USA v. Nicholas Teausant - Appeal from sentence for attempted provision of material support to a foreign terrorist organization. [2:14-cr-00087-JAM-1] Criminal E. CA 10 min
16-10333USA v. Karl Sennert - Appeal from conviction for misdemeanor disposal of human waste at an undesignated location and disorderly conduct by creating a hazardous or physically offensive condition. [1:16-cr-00013-LJO-1] Criminal E. CA 10 min
16-15080Lyndall Thompson v. Charles Ryan - An Arizona state prisoner appeals the denial of his habeas corpus petition challenging his conviction for second-degree murder. [4:12-cv-00766-DCB] Habeas AZ Subm.
15-73389Ronald Fish v. CIR - Taxpayer appeal of the Tax Court's denial of his petition for redetermination of federal income tax deficiency and an accuracy-related penalty. [10691-13] Tax Court N. CA Subm.
15-10586 USA v. Ivan Soto-Barraza - Appeals from convictions for first-degree murder of a Border Patrol agent and other offenses. [4:11-cr-00150-DCB-BPV-3] Criminal AZ 20 min
15-10589 USA v. Jesus Sanchez-Meza      


2017-10-17  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, CALLAHAN, and NGUYEN, Circuit Judges
Case No. Title Nature Origin Time / Side
16-16667Rodney Burky v. Nancy Berryhill - Rodney Burky appeals the district court's decision affirming the Commissioner of Social Security's denial of Burky's application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. [3:15-cv-08190-DLR] Social Security AZ 10 min
16-60052Capital Options, LLC v. C. Loomis - An appeal of the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's dismissal of an adversary proceeding. [15-1165] Bankruptcy AZ 10 min
16-60053Capital Options, LLC v. C. Loomis - An appeal of the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's order denying confirmation of a chapter 11 plan. [15-1166] Bankruptcy AZ 10 min
16-60054Capital Options, LLC v. George Goldsmith - An appeal of the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's dismissal of an adversary proceeding. [15-1167] Bankruptcy AZ 10 min
16-16260Catherine Hill v. LVMPD - Catherine Hill appeals from the district court's summary judgment in her action brought under 42 U.S.C. § 1983 and state law against the Las Vegas Metropolitan Police department after her son committed suicide while in custody. [2:14-cv-01175-JAD-CWH] Civil NV Subm.
15-16953
15-17055
15-17057
US ex rel. Frank Solis v. Millennium Pharmaceuticals - Relator Frank Solis appeals, and Millennium Pharmaceuticals, Inc. and Schering-Plough Corporation and Merck & Co. cross appeal the district court's judgment, dismissing under Fed. R. Civ. P. 12(b)(1), Solis's qui tam False Claims Act action. [2:09-cv-03010-MCE-EFB]

Civil E. CA 20 min


2017-10-18  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: HAWKINS, W. FLETCHER, and TALLMAN, Circuit Judges
Case No. Title Nature Origin Time / Side
16-15681Zyzzx2 v. Wells Fargo Bank - Zyzzx2 appeals the district court's summary judgment in favor of Wells Fargo Bank, NA, Arlene Dizon and World Savings Bank in a diversity action concerning a dispute over property that was subject to a homeowners association lien. [2:13-cv-01307-JCM-PAL] Civil NV 10 min
16-15478Saticoy Bay, LLC v. Flagstar Bank, FSB - Saticoy Bay, LLC appeals the district court's summary judgment in favor of Flagstar Bank, FSB in Saticoy's diversity action seeking a declaration that a Homeowners Association's foreclosure sale extinguished Flagstar's interests in a property. [2:13-cv-01589-JCM-VCF] Civil NV Subm.
16-15533GranCare v. Ruth Thrower - GranCare, LLC dba Vale Healthcare Center appeals the district court's orders granting a motion to remand to state court, dismissing a petition to compel arbitration due to lack of federal jurisdiction, and awarding attorneys' fees. [3:15-cv-05362-WHA] Civil N. CA 15 min
16-15792William Bourland v. Humboldt County - William Bourland appeals from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging that he was retaliated against in his employment with Humboldt County in retaliation for his political activity. [3:13-cv-00660-MMD-WGC] Civil NV Subm.
16-15846Teresa Berkebile v. Nancy Berryhill - Teresa Berkebile appeals the district court's decision affirming the Commissioner of Social Security's denial of Berkebile's application for disability insurance benefits under Title II of the Social Security Act. [1:14-cv-01530-BAM] Social Security E. CA Subm.
16-16020Lynne Korff v. City of Phoenix - Lynne Korff appeals from the district court's summary judgment in her 42 U.S.C. §1983 action alleging that Phoenix police officers used unlawful deadly force when they shot and killed her 25-year-old son, Timothy O'Brien. [2:13-cv-02317-ESW] Civil AZ 15 min


2017-10-18  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: IKUTA, and HURWITZ, Circuit Judges, and MOLLOY (Montana), District Judge
Case No. Title Nature Origin Time / Side
16-15179
16-15189
Francis Fleming, Jr. v. The Charles Schwab Corp. - Plaintiffs appeal the district court's dismissals of their diversity putative class actions brought against Charles Schwab & Co., Inc. and others, alleging breach of fiduciary duty and other claims. [3:15-cv-02945-RS]
Civil N. CA 15 min
14-71617Libni Juarez Lopez v. Jefferson Sessions - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of her motion to remand based on ineffective assistance of counsel. Immigration BIA Subm.
16-70226Edofre Parra-Salas 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
16-70454Charles Ngethe v. Jefferson Sessions - A citizen of Kenya petitions for review of the Board of Immigration Appeals' denial of protection under the Convention Against Torture. Immigration BIA Subm.
16-15137VIRAG, S.R.L. v. Sony Computer Entm't Am. - An appeal from the dismissal of claims under the Lanham Act as barred by the First Amendment. [3:15-cv-01729-LB] Civil N. CA Subm.
16-16031Bayardo Sandy v. Sunmoon Freight, Inc. - Sunmoon Freight, Inc. and Zurich American Insurance Company appeal the district court's default judgment in the amount of $1,592,343.26 in favor of Bayrardo Sandy in Sandy's diversity action. [3:15-cv-08084-SMM] Civil AZ 15 min


2017-10-18  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: THOMAS, Chief Judge, and WALLACE, and CALLAHAN, Circuit Judges
Case No. Title Nature Origin Time / Side
15-17282Mineworkers' Pension Scheme v. First Solar Inc. - An appeal from the district court's order granting in part and denying in part defendants' motion for summary judgment in a securities fraud case. [2:12-cv-00555-DGC] Civil AZ 15 min
13-15364Manuel Quiroz, Jr. v. Jeffrey Dickerson - Jeffrey Dickerson appeals the district court's judgment, following a jury trial, in favor of Manuel Quiroz in Quiroz's diversity action alleging breach of contract and other causes of action. [3:10-cv-00657-LRH-WGC] Civil NV Subm.
16-10048USA v. James Pratt - Appeal from conviction for possession with intent to distribute cocaine. [2:12-cr-00269-MCE-1] Criminal E. CA Subm.
16-10111USA v. Marcelino Portillo-Rivera - Appeal from conviction for being an illegal alien in possession of a firearm. [2:15-cr-01183-NVW-1] Criminal AZ Subm.
16-17282
17-15302
17-15352
Victor Parsons v. Charles Ryan - Plaintiffs, on behalf of a class of inmates who challenged the provision of health care and conditions of confinement within the Arizona Department of Corrections, appeal from orders pertaining to a 2014 stipulation, and defendants cross appeal. [2:12-cv-00601-DKD]

Pr Non-HC AZ 20 min


2017-10-19  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: W. FLETCHER, and TALLMAN, Circuit Judges, and HOYT (Texas Southern), District Judge
Case No. Title Nature Origin Time / Side
16-10056USA v. Ivan Speed - Appeal from the district court's imposition of conditions of supervised release. [3:13-cr-00753-EMC-1] Criminal N. CA Subm.
16-10209USA v. Juan Torres - Appeal from conviction and sentence for use of the internet and a foreign-produced smartphone in an effort to entice and coerce a minor into illegal sexual activity. [1:13-cr-00390-AWI-BAM-1] Criminal E. CA Subm.
16-15214William Shropshire v. Isidro Baca - A Nevada state prisoner appeals the denial of his habeas corpus petition challenging his conviction for first degree kidnapping and robbery. [3:14-cv-00118-HDM-VPC] Habeas NV 10 min
15-16119
16-17195
Crime Justice & America, Inc. v. Kory Honea - Crime Justice & America, a non-subscription based magazine aimed at helping county jail inmates understand the adjudication process, appeals from district court's orders in its action challenging Butte County's jail's restriction on unsolicited mail. [2:08-cv-00343-TLN-EFB]
Civil E. CA 15 min
16-16586
16-16605
Protecting Arizona's Resources v. FHWA - Plaintiffs appeal the district court's summary judgments in favor of the Federal and Arizona Highway Administrations in an action, alleging violations of federal statutes, concerning approval of the Loop 202 Freeway in Arizona. [2:15-cv-00893-DJH]
Civil AZ 20 min


2017-10-19  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: IKUTA, and HURWITZ, Circuit Judges, and GWIN (Ohio Northern), District Judge
Case No. Title Nature Origin Time / Side
15-15912Thomas Heilman v. C. Cherniss - An appeal from a summary judgment and judgment entered following a jury verdict in a 42 U.S.C. § 1983 action alleging that California Medical Facility prison guards violated plaintiff's rights by conducting sexually abusive searches. [2:11-cv-00042-JAM-EFB] Pr Non-HC E. CA 10 min
16-10237USA v. Konrad Wolff - Appeal from conviction and sentence for receiving child pornography. [4:14-cr-00638-JD-1] Criminal N. CA 10 min
16-10434
16-10436
USA v. Bobby Wade, Jr. - Appeal from conviction and sentence for being a felon in possession of a firearm, and the district court's judgment revoking supervised release. [5:15-cr-00458-RMW-1]
 
Criminal N. CA Subm.
16-15178ACLU of No. Calif. v. FBI - The Federal Bureau of Investigation appeals the district court's summary judgment in favor of the American Civil Liberties Union of Northern California and others in their action under the Freedom of Information Act. [3:10-cv-03759-RS] Civil N. CA 15 min
16-16079Martha Berndt v. CDC - An appeal from the district court's judgment after a jury trial in an employment discrimination action brought by a Pelican Bay State Prison correctional officer. [1:03-cv-03174-NJV] Civil N. CA 20 min


2017-10-19  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: CALLAHAN, and BEA, Circuit Judges, and RESTANI (International Trade), International Trade Judge
Case No. Title Nature Origin Time / Side
14-70936Gui Zheng v. Jefferson Sessions - A citizen of China petitions for review of the Board of Immigration Appeals' affirmance of the denial of her motion to reopen removal proceedings. Immigration BIA 10 min
15-71979Guillermo Solorio, Jr. v. William Muniz - Application to file a second or successive habeas corpus petition challenging a 1999 conviction for first degree murder. OP N. CA 10 min
16-15442Gregory Brown v. W. Muniz - A California state prisoner appeals the dismissal of his habeas corpus petition as an unauthorized second or successive petition. [4:14-cv-04497-YGR] Habeas N. CA 10 min
16-55418Terrence Prince v. Joe Lizarraga - California state prisoner appeals the district court's dismissal of second or successive habeas corpus petition challenging a conviction for first-degree murder. [2:15-cv-04222-R-DTB] Habeas C. CA 10 min
16-15927Erotic Svc Provider Legal Edu. v. George Gascon - The Erotic Service Provider Legal Education and Research Project appeals from the district court's dismissal of its action challenging the constitutionality of Cal. Penal Code § 647(b), which criminalizes the commercial exchange of sexual activity. [4:15-cv-01007-JSW] Civil N. CA 20 min


2017-10-20  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: W. FLETCHER, and TALLMAN, Circuit Judges, and HOYT (Texas Southern), District Judge
Case No. Title Nature Origin Time / Side
16-15037William Sarale v. CAISO - Walnut farmers William and Julie Sarale appeal from the district court's dismissal of their complaint against Pacific Gas & Electric and the California Independent System Operator Corporation alleging, among other things, a taking of their property. [2:14-cv-02573-TLN-CKD] Civil E. CA 10 min
16-15476Frank Konarski v. City of Tucson - An appeal from the district court's order denying a motion for recusal in an action against the City of Tucson and from the district court's order declaring appellants vexatious litigants. [4:14-cv-02264-JGZ] Civil AZ Subm.
16-15731Randi Jo McKnight v. Nancy Berryhill - Randi McKnight appeals the district court's decision affirming the Commissioner of Social Security's denial of McKnight's application for disability insurance benefits under Title II of the Social Security Act. [2:15-cv-00440-JZB] Social Security AZ Subm.
16-15474Jiangmen Kinwai Furniture Deco v. Int'l Market Centers, Inc. - Jiangmen Kinwai Furniture Decoration Co. Ltd. and Kinwai USA Inc. ("Plaintiffs") appeal the district court's dismissal of their diversity action brought against International Market Centers, Inc., alleging breach of a lease for a furniture showroom. [2:15-cv-01419-JCM-CWH] Civil NV Subm.
16-16123Emanuelu Tunoa v. Armondo Perez, Jr. - Emanuelu Tunoa appeals from the district court's judgment, entered following a jury verdict, in his 42 U.S.C. § 1983 action alleging that he was subjected to excessive force by prison officials. [2:12-cv-02359-ROS] Pr Non-HC AZ 15 min


2017-10-20  9:00 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: IKUTA, and HURWITZ, Circuit Judges, and GWIN (Ohio Northern), District Judge
Case No. Title Nature Origin Time / Side
16-15460Harry Krause v. Dennis Book - The trustee of the Richard Musgrave Bypass Trust, appeals the district court's dismissal of a diversity action against attorneys Book & Book, LLP, alleging causes of action for breach of fiduciary duty, breach of trust, and legal malpractice. [5:15-cv-02280-LHK] Civil N. CA Subm.
16-16202Duane Hutchings v. One Nevada Credit Union - An appeal from the district court's summary judgment in an employment discrimination case. [2:13-cv-01712-JAD-PAL] Civil NV Subm.
16-16422Holsum Bakery Inc. v. Bakery, Confectionery, Tobacco - An appeal from the district court's order vacating an arbitration award. [2:15-cv-00925-SPL] Civil AZ Subm.
16-15490Andrew Cordova v. American Family Mutual Ins. - Andrew Cordova appeals the district court's judgment in Cordova's diversity insurance coverage action against American Mutual Family Insurance Company, seeking underinsured medical coverage. [2:13-cv-01111-KJD-VCF] Civil NV 15 min
16-15823Flemming Kristensen v. Credit Payment Services Inc. - An appeal from the district court's summary judgment in a class action under the Telephone Consumer Protection Act. [2:12-cv-00528-APG-PAL] Civil NV 15 min
16-16405Suenos LLC v. Diane Goldman - Diane Goldman appeals on remand from this court the district court's order reinstating judgments in a diversity action brought by Suenos LLC, and awarding attorneys' fees. [2:10-cv-01034-TL] Civil AZ Subm.


2017-10-20  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, and CALLAHAN, Circuit Judges, and RESTANI (International Trade), International Trade Judge
Case No. Title Nature Origin Time / Side
14-73382Oscar Estrada-Chavez v. Jefferson Sessions - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' decision finding that he did not derive citizenship through his father. Immigration BIA 10 min
15-17216Anthony Penton v. K. Pool - Anthony Penton appeals from the district court's dismissal of his 42 U.S.C. § 1983 action alleging that prison officials, among other things, interfered with his legal mail and his right of access to the courts. [2:11-cv-00518-GEB-KJN] Pr Non-HC E. CA 10 min
15-70054Jagtar Singh v. Jefferson Sessions - A citizen of India petitions for review of the Board of Immigration Appeals' denial of his untimely motion seeking to reopen removal proceedings based on changed country conditions. Immigration BIA Subm.
16-15835Chad Carter v. Rent-A-Center, Inc. - Chad Carter appeals the district court's order compelling arbitration and dismissing Carter's complaint in Carter's diversity putative class action brought against Rent-A-Center, Inc. [2:15-cv-00178-GMN-CWH] Civil NV 15 min
16-16048Rick Murphy v. ACW CBP Maine LLC - Rick Murphy appeals the district court's summary judgment in favor of ACW CBP Maine LLC in Murphy's diversity action alleging that he is owed a commission for his efforts in acting as buyer's broker. [4:15-cv-00238-FRZ] Civil AZ Subm.
16-60048Greif & Co. v. Brian Shapiro - An appeal from the Bankruptcy Appellate Panel's opinion affirming the bankruptcy court's order approving the settlement of an adversary proceeding brought by a chapter 11 liquidating trustee. [15-1238] Bankruptcy NV 15 min


2017-10-25  12:00 pm  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, M. SMITH, and FRIEDLAND, Circuit Judges
Case No. Title Nature Origin Time / Side
16-16221JPMCC 2007-C1 Grasslawn Lodg. v. Transwest Resort Props., Inc. - An appeal from the district court's affirmance of the bankruptcy court's confirmation of a chapter 11 plan. [4:12-cv-00024-RCC] Bankruptcy AZ 15 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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