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

September 14-18, 2020
September 22-24, 2020

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.


2020-09-14  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, W. FLETCHER, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10034USA v. Kevin Ruiz-Castelo - Appeal from conviction and sentence for distribution of child pornography and possession of child pornography. [2:17-cr-01107-SPL-1] Criminal AZ 10 min
19-10256
19-10257
USA v. Rafael Barraza-Jimenez - Appeals from conviction for reentry of a removed alien and from a judgment revoking supervised release. [2:18-cr-01042-JAT-1]
 
Criminal AZ Subm.
19-15900Jeffrey Davis v. Dora Schriro - An Arizona state prisoner appeals the denial of his motion to reopen his habeas corpus petition challenging his 1998 conviction for first-degree murder. [4:04-cv-00583-RCC] Habeas AZ Subm.
19-16727Brigette Taylor v. Bosco Credit LLC - Brigette Taylor appeals the district court's dismissal of her action under the Truth in Lending Act. [3:18-cv-06310-JSC] Civil N. CA 10 min
18-10420USA v. Alena Aleykina - A former IRS agent appeals her conviction for filing false tax returns, stealing government property, and obstructing justice. [2:16-cr-00142-JAM-1] Criminal E. CA 15 min
19-73000Osman Aguilar-Osorio v. William Barr - A citizen of Honduras petitions for review of the Board of Immigration Appeals' denial of withholding of removal and protection under the Convention Against Torture.  Immigration BIA Subm.


2020-09-14  9:30 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: WATFORD, FRIEDLAND, and MILLER, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10118USA v. Rony Asencio-De Leon - Appeal from conviction for assault on a federal officer resulting in bodily injury. [4:18-cr-01992-RM-JR-1] Criminal AZ 15 min
19-10245USA v. Desmond Jim - Appeal from the district court's imposition of conditions of supervised release. [2:09-cr-00506-DGC-1] Criminal AZ Def.
19-15778
19-15782
Curtis Ulleseit v. Bayer Corp. - Appeal of orders remanding to state court, pursuant to 28 U.S.C §  1447(c), product liability cases that were removed to federal court on the basis of diversity and federal officer jurisdiction. [3:17-cv-07026-JD]
Civil N. CA Subm.
20-15371HRC-Hainan Holding Co., LLC v. Yihan Hu - An appeal from the district court's order compelling discovery for use in a foreign proceeding under 28 U.S.C. § 1782. [3:19-mc-80277-TSH] Civil N. CA 15 min
20-15515Bristol-Myers Squibb Company v. Clare Connors - An appeal from the dismissal of an action seeking to enjoin, on First Amendment grounds, the Attorney General of Hawai`i from pursuing a state court consumer fraud case against the manufacturers of Plavix. [1:20-cv-00010-JAO-RT] Civil HI 15 min


2020-09-14  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: BADE, and BUMATAY, Circuit Judges, and MÁRQUEZ (Arizona), District Judge
Case No. Title Nature Origin Time / Side
16-71119Lidia Gamez-Lopez v. William Barr - Citizens of Mexico challenge an agency decision denying their motion to suppress evidence and issuing orders of removal. Immigration BIA Subm.
18-71657Ganesh Gautam v. William Barr - A citizen of Nepal petitions for review of the Board of Immigration Appeals' denial of asylum and withholding of removal. Immigration BIA Subm.
19-10436USA v. Ricky Johnston - Appeal from district court's imposition of a modified condition of supervised release. [2:14-cr-00366-APG-PAL-1] Criminal NV Subm.
19-16259Frank Rosenblum v. U.S. Bank - Appeal of a dismissal, based on res judicata, of a diversity action alleging claims to quiet title and cancel a deed of trust and a trustee’s deed related to a residential property in Woodside, California. [3:18-cv-06725-WHO] Civil N. CA Subm.
19-16462USA v. Gerald Delemus - A federal prisoner appeals the denial of his 28 U.S.C. § 2255 motion challenging the validity of his guilty plea to conspiracy and interstate travel in aid of extortion in connection with a Nevada standoff between BLM officers and the followers of Cliven Bundy. [2:18-cv-01980-GMN] Habeas NV 15 min
19-10074USA v. James Lucero - Appeal from conviction for discharging pollutants into waters of the United States without a permit. [4:16-cr-00107-HSG-1] Criminal N. CA 20 min


2020-09-15  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, W. FLETCHER, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
20-15756Independent Technologies v. Otodata Wireless Network, Inc. - Appeal of an order granting a preliminary injunction in favor of Independent Technologies, LLC dba Anova in an action under diversity and federal question alleging trade secret appropriation. [3:20-cv-00072-RCJ-CLB] Civil NV 15 min
19-17213City & County of S.F. v. USCIS - Government defendants appeal the district court's grant of a preliminary injunction in an action challenging the Department of Homeland Security's redefinition of the term "public charge" as it defines a ground of inadmissibility. [4:19-cv-04717-PJH] Civil N. CA 35 min
19-17214State of California v. USDHS - Government defendants appeal the district court's grant of a preliminary injunction in an action challenging the Department of Homeland Security's redefinition of the term "public charge" as it defines a ground of inadmissibility. [4:19-cv-04975-PJH] Civil N. CA 5 min
19-35914State of Washington v. USDHS - Government defendants appeal the district court's grant of a nationwide preliminary injunction in an action challenging the Department of Homeland Security's redefinition of the term "public charge" as it defines a ground of inadmissibility. [4:19-cv-05210-RMP] Civil E. WA 5 min


2020-09-15  9:30 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: WATFORD, FRIEDLAND, and MILLER, Circuit Judges
Case No. Title Nature Origin Time / Side
19-17045USSEC v. Dean Properties, LLC - Appeal of an order setting aside Dean Properties’ judgment lien, and enjoining it from executing on property subject to an asset freeze as part of an SEC civil enforcement action. [3:16-cv-00270-MMD-CBC] Civil NV 15 min
19-17362Jamal Adams v. Postmates, Inc. - Postmates, Inc. appeals the district court's order granting in part the parties' motions to compel arbitration of claims that over 5,000 Postmates delivery drivers were misclassified as independent contractors. [4:19-cv-03042-SBA] Civil N. CA 15 min
19-16748Jes Solar Co., Ltd. v. Matinee Energy Inc. - Appeal of a summary judgment in favor of defendants Tong Soo Chung and Sungchin Kim in a diversity action, alleging a corporate civil conspiracy arising from a multi-billion dollar investment in a solar power construction project - the Matinee Project. [4:12-cv-00626-DCB] Civil AZ 20 min
20-55436
20-55662
Kelvin Hernandez Roman v. Chad Wolf - Government defendants appeal a) a preliminary injunction requiring Adelanto Immigration and Customs Enforcement Processing Center to, inter alia, reduce the detainee population in light of COVID-19; b) the grant of class-wide bail hearings; and c) an order governing bail applications. [5:20-cv-00768-TJH-PVC]
Habeas C. CA 20 min


2020-09-15  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, BADE, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
18-71712Hugo Aguilar-Sandoval v. William Barr - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of protection under the Convention Against Torture. Immigration BIA Subm.
19-16920Morgan Sanders v. City of Pittsburg - An appeal from the dismissal of an action alleging that a police officer used excessive force against plaintiff. [3:18-cv-04326-SK] Civil N. CA 10 min
19-15126Sergio Momox-Caselis v. Tara Donohue - An appeal from summary judgment in favor of defendants in action alleging plaintiff's child was wrongfully removed from her home and placed in a neglectful foster home where she died. [2:16-cv-00054-APG-GWF] Civil NV 15 min


2020-09-16  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: W. FLETCHER, HUNSAKER, and VANDYKE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-15707Kimetra Brice v. Plain Green, LLC - Defendants appeal the district court's order denying their motion to compel arbitration under the Federal Arbitration Act in a RICO action. [3:18-cv-01200-WHO] Civil N. CA 15 min
19-17414
19-17477
Kimetra Brice v. Sequoia Capital Operations LLC - Defendants appeal the district court's order denying their motion to compel arbitration under the Federal Arbitration Act in a RICO action. [3:19-cv-01481-WHO]
Civil N. CA 15 min
18-16547Kevin Cooper v. Gavin Newsom - An appeal from the district court's denial of a motion to intervene brought by District Attorneys of San Bernardino, Riverside, and San Mateo Counties in an action by condemned California inmates contending California's death penalty procedures violate the Eighth Amendment. [3:06-cv-00219-RS] Civil N. CA 30 min
19-70232Kermit Alexander v. USDC-CASF - A petition for writ of mandamus seeking an order vacating the district court's stays of executions in pending litigation challenging the manner in which California’s lethal-injection protocol is administered. [3:06-cv-00219-RS] OP N. CA Subm.


2020-09-16  9:30 am  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: WATFORD, FRIEDLAND, and MILLER, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10333USA v. Gary Colldock - Appeal from denial of a motion to suppress evidence found as a result of the execution of a GPS vehicle-tracking warrant in a case in which the defendant pleaded guilty to possession with intent to distribute methamphetamine. [4:16-cr-01254-JAS-LCK-1] Criminal AZ Subm.
18-70032Borey Ai v. William Barr - A citizen of Cambodia petitions for review of the Board of Immigration Appeals' denial of deferral of removal under the Convention Against Torture.  Immigration BIA 15 min
18-70191Israel Alvarado-Herrera v. William Barr - A citizen of Honduras petitions for review of an immigration judge's decision affirming an asylum officer's negative reasonable fear determination in reinstatement removal proceedings. Immigration BIA 15 min
18-70508Juan Higareda Frutos v. William Barr - Petition for review of the Board of Immigration Appeals' precedential opinion in Matter of J-C-H-F-, 27 l. & N. Dec. 211(BIA 2018). Immigration BIA Subm.
19-70334Service Employees Intl. v. NLRB - Petition for review of the decision of the National Labor Relations Board dismissing an unfair labor practice complaint against Preferred Building Services, Inc. and Ortiz Janitorial Services under the National Labor Relations Act. [20-CA-149353] Agency NLRB 15 min


2020-09-16  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, TASHIMA, and BADE, Circuit Judges
Case No. Title Nature Origin Time / Side
19-15771Eli Attia v. Google LLC - Eli Attia and Eli Attia Architect P.C. appeal the district court's dismissal of their claims under the Defend Trade Secrets Act and RICO. [5:17-cv-06037-BLF] Civil N. CA 15 min
19-16114180 Land Co LLC v. City of Las Vegas - Appeal from a dismissal and denial of a motion for reconsideration in an action alleging equal protection and due process violations in connection with plaintiffs' applications to develop land in Las Vegas. [2:18-cv-00547-JCM-CWH] Civil NV 15 min
19-16227Suzanne Stone v. UnitedHealthcare Ins. - An appeal from the district court's summary judgment in an ERISA action concerning coverage for out-of-state residential treatment of eating disorders. [3:17-cv-04832-RS] Civil N. CA 15 min
18-10448 USA v. Irina Morgovsky - Appeals from convictions for convictions under the Arms Export Control Act. [3:16-cr-00411-VC-3] Criminal N. CA Subm.
18-10486 USA v. Naum Morgovsky      


2020-09-16  12:00 pm  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: WALLACE, TASHIMA, and IKUTA, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10330USA v. Q.J., Juvenile Male - SEALED CASE. [3:19-cr-08037-DWL-1] Criminal AZ 10 min


2020-09-16  1:00 pm  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: NGUYEN, BENNETT, and R. NELSON, Circuit Judges
Case No. Title Nature Origin Time / Side
08-99024Murray Hooper v. Dora Schriro - An Arizona state prisoner appeals the denial of his habeas corpus petition challenging his conviction and capital sentence for two counts of first degree murder, one count of attempted murder, and associated crimes. [2:98-CV-02164-SMM] DP HC AZ 30 min


2020-09-17  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, W. FLETCHER, and HUNSAKER, Circuit Judges
Case No. Title Nature Origin Time / Side
17-72908
19-71281
Baoshan Fu v. William Barr - A citizen of China petitions for review of the Board of Immigration Appeals' denial of his motion to reopen removal proceedings.
Immigration BIA Subm.
17-73332Alex Hernandez v. William Barr - A citizen of Honduras challenges a Board of Immigration Appeals' decision reversing a grant of deferral of removal under  the Convention Against Torture. Immigration BIA 10 min
19-16785Allison Varela v. Andrew Saul - Appeal of a district court order remanding for further development of the record in a case involving an application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act.  [2:18-cv-01335-JAT] Social Security AZ Subm.
18-17247Dan Jackson v. ONHIR - Appeal of a summary judgment in favor of the Office of Navajo and Hopi Indian Relocation in an application seeking relocation benefits pursuant to the Navajo-Hopi Land Settlement Act of 1974. [3:17-cv-08069-SPL] Civil AZ 15 min
19-16278SPRAWLDEF v. Guidiville Rancheria of Calif. - Guidiville Rancheria of California appeals the district court's denial of its motion to dismiss a petition challenging the City of Richmond's approval of a settlement in a prior action concerning land development for a casino. [4:18-cv-03918-YGR] Civil N. CA Subm.
19-16554Russell Howard v. BCBS-AZ - An appeal from the district court's judgment in an ERISA action challenging a denial of health care benefits. [2:16-cv-03769-JJT] Civil AZ Subm.


2020-09-17  2:00 pm  Courtroom 2, 3rd Floor Rm 330, James R. Browning U.S. Courthouse, San Francisco
Before: O'SCANNLAIN, RAWLINSON, and CHRISTEN, Circuit Judges
Case No. Title Nature Origin Time / Side
20-35739Index Newspapers LLC v. United States Marshals Service - An appeal from a preliminary injunction enjoining federal defendants from arresting, threatening to arrest, or using physical force against persons whom they know or reasonably should know are journalists or legal observers at Black Lives Matter protests in Portland, Oregon. [3:20-cv-01035-SI] Civil OR 20 min


2020-09-18  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: SCHROEDER, W. FLETCHER, and HUNSAKER, Circuit Judges
Case No. Title Nature Origin Time / Side
19-10448USA v. Isaac Bautista - Appeal from sentence for being a felon in possession of ammunition in a case in which the defendant received an enhancement based on a prior Arizona conviction for attempted unlawful transportation of marijuana for sale. [4:18-cr-01683-RM-DTF-1] Criminal AZ 10 min
19-72450Josep De Paz Sales v. William Barr - 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.
19-72866Salvador Cabrera-Arvizo v. William Barr - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of protection under the Convention Against Torture. Immigration BIA Subm.
18-16689
19-15017
Alice Brown v. County of Del Norte - An appeal from a summary judgment for defendants and from the denial of plaintiff's motion to reconsider a bill of costs in an action alleging plaintiff was unlawfully arrested, searched and subjected to excessive force for illegal camping and resisting a police officer. [1:16-cv-07235-RMI]
Civil N. CA 15 min
19-16682Jeffrey Green v. City of Phoenix - Police sergeant Jeffrey Green appeals the district court's grant of judgment as a matter of law in his Title VII action against the City of Phoenix. [2:15-cv-02570-DJH] Civil AZ 15 min
20-15456Yes on Prop. B v. City and County of S.F. - An appeal from the district court's order partially denying a motion for a preliminary injunction in an action challenging San Francisco's Proposition F requirement that political ads disclose their contributors and donors.
[3:20-cv-00630-CRB]
Civil N. CA 15 min


2020-09-22  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco - En Banc
Before: THOMAS, Chief Judge, and GRABER, WARDLAW, RAWLINSON, CALLAHAN, M. SMITH, Jr., IKUTA, WATFORD, HURWITZ, COLLINS, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
17-55036Jorge Rojas v. FAA - Jorge Rojas appeals the district court’s summary judgment in favor of the Federal Aviation Administration in Rojas’s action under the Freedom of Information Act. [2:15-cv-05811-CBM-SS] Civil C. CA 30 min


2020-09-23  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco - En Banc
Before: THOMAS, Chief Judge, and GRABER, McKEOWN, RAWLINSON, CALLAHAN, MURGUIA, WATFORD, BENNETT, COLLINS, BRESS, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
18-35072Maria Medina Tovar v. Laura Zuchowski - A citizen of Mexico appeals the district court's court grant of summary judgment to government defendants in an action challenging the USICIS's denial of her petition for derivative U visa status for her husband. [3:17-cv-00719-BR] Civil OR 30 min


2020-09-24  1:30 pm  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco - En Banc
Before: THOMAS, Chief Judge, and O'SCANNLAIN, McKEOWN, WARDLAW, W. FLETCHER, CLIFTON, BYBEE, CALLAHAN, IKUTA, FRIEDLAND, and R. NELSON, Circuit Judges
Case No. Title Nature Origin Time / Side
12-17808George Young, Jr. v. State of Hawaii - George Young appeals from the district court's dismissal of his civil rights action challenging under the Second Amendment provisions of Hawaii law pertaining to the issuance of permits to carry a concealed or unconcealed weapon. [1:12-cv-00336-HG-BMK] Civil HI 30 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, "Def." indicates submission deferred.