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

December 2-6, 2024
December 17, 2024

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.


2024-12-02  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: M. SMITH, Jr., MILLER, and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
22-10329USA v. Jeffrey McHatton - Appeal from conviction on multiple counts of securities fraud in a case in which appellant and codefendants engaged in a securities fraud scheme by promising their victims profitable, low-risk returns on dubious ventures that never materialized. [4:18-cr-02220-RM-EJM-2] Criminal AZ Subm.
23-2087USA v. Barama - Appeal from conviction and sentence for securities fraud. [3:19-cr-00463-RS-2] Criminal N. CA 15 min
23-593Idaho Conservation League, et al. v. Bonneville Power Administration - Petition for review of the Bonneville Power Administration’s handling of the fiscal year 2022 Reserves Distribution Clause. Agency BPA 20 min
24-1653Idaho Conservation League, et al. v. Bonneville Power Administration - An appeal from a decision of the Bonneville Power Administration in action challenging BPA’s distribution through the “Reserves Distribution Clause” for fiscal year 2023.  Agency BPA 20 min


2024-12-02  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: COLLINS, VANDYKE, and MENDOZA, Jr., Circuit Judges
Case No. Title Nature Origin Time / Side
19-72934Pascual Tomas-Gaspar v. Merrick Garland - A citizen of Guatemala challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
20-72719Haisheng Wu v. Merrick Garland - A citizen of China challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
23-16195Ardit Ferizi v. USA - Appeal of a Fed. R. Civ. P. 12(b)(1) dismissal of a Federal Tort Claims Act action against the United States, alleging malicious prosecution. [3:23-cv-02250-WHA] Civil N. CA 15 min
23-35429Syndicates 1183, 1036, and 2007, Certain Underwrit v. Gemini Insurance Company - An appeal from the district court's summary judgment in an action under maritime law concerning an insurance coverage dispute. [3:21-cv-00252-JMK] Civil AK 15 min
23-4260Central Oregon Wild Horse Coalition, et al. v. Vilsack, et al. - Appeal of a judgment in an action challenging the U.S. Forest Service’s Ochoco Herd Management Plan to remove 78 horses from the Ochoco National Forest in Oregon.  [2:21-cv-01443-HL] Civil OR 15 min


2024-12-02  9:00 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BENNETT, BRESS, and FORREST, Circuit Judges
Case No. Title Nature Origin Time / Side
24-646Hable v. Godenzi - An appeal from the district court's dismissal of a securities fraud action. [2:22-cv-02012-GMN-BNW] Civil NV 15 min


2024-12-03  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: TYMKOVICH (Court of Appeals, 10th Circuit), M. SMITH, Jr., and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
23-3558Villagomez v. Garland - A citizen of Micronesia challenges an agency decision finding petitioner removable for an aggravated felony. [A220-986-286] Immigration NV 15 min
23-4167GPP, Inc. v. Guardian Protection Products, Inc., et al. - Appeal of an order granting GPP, Inc. d/b/a Guardian Innovative Solutions (“GIS”)’s motion for attorneys’ fees in the amount of $4,353,283 in GIS’s diversity action, alleging claims for wrongful termination of exclusive warehousing distributorship agreements. [1:15-cv-00321-SKO] Civil E. CA 15 min
23-4233Diaz Perea v. Garland - A citizen of Colombia petitions for review of the Board of Immigration Appeals' dismissal of an appeal of an immigration judge's denial of withholding of removal and protection under the Convention Against Torture.  [A216-642-600] Immigration AZ Subm.


2024-12-03  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: COLLINS, VANDYKE, and MENDOZA, Jr., Circuit Judges
Case No. Title Nature Origin Time / Side
23-2029Valdovinos Tafolla, et al. v. Garland - Citizens of Mexico petition for review of the Board of Immigration Appeals' decision upholding an immigration judge's denial of asylum and related relief.    [A215-815-396] Immigration N. CA Subm.
22-901Vernardes Casildo v. Garland - An individual ordered removed to Honduras petitions for review of the denial of withholding of removal and protection under the Convention Against Torture.   [A213-111-770] Immigration C. CA 15 min
23-4091Zuniga v. Gowan Milling, LLC, et al. - Maribel Zuniga appeals the district court's summary judgment in her employment discrimination action against Gowan Milling, LLC. [4:21-cv-00243-JCH] Civil AZ 15 min
23-4223Flaherty, et al. v. Kanaway Seafoods, Inc. - An appeal from the district court's summary judgment in an action under the Fair Labor Standards Act. [3:22-cv-00155-SLG] Civil AK 15 min
24-1290Hernandez Richter v. Romero, et al. - An appeal alleging juror bias in an action against prison officials alleging failure to protect.  [2:19-cv-05513-DGC] Pr Non-HC AZ 15 min


2024-12-03  9:00 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BENNETT, BRESS, and FORREST, Circuit Judges
Case No. Title Nature Origin Time / Side
23-656USA v. Keller - Appeal from conviction and sentence for distribution of opioids outside the scope of professional practice. [3:18-cr-00462-VC-1] Criminal N. CA 15 min
24-945Doe v. Washoe County School District, et al. - An appeal from the dismissal of an action challenging the Washoe County School District's actions pertaining to protocols for transgender and gender non-conforming students.  [3:23-cv-00129-ART-CLB] Civil NV 15 min
22-10291 USA v. Vincent Garcia - Appeals from convictions for racketeering conspiracy, committing a violent crime in aid of racketeering (conspiracy to commit murder), and conspiracy to commit assault with a dangerous weapon. [5:18-cr-00466-BLF-2] Criminal N. CA 20 min
22-10333 USA v. Jorge Jasso      
22-10346 USA v. Jorge Jasso      


2024-12-04  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: TYMKOVICH (Court of Appeals, 10th Circuit), M. SMITH, Jr., and BUMATAY, Circuit Judges
Case No. Title Nature Origin Time / Side
22-16227Robert Alvarez v. Leanna Lundy - A California state prisoner appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for special-circumstance first-degree murder and three robberies. [4:21-cv-04626-HSG] Habeas N. CA 15 min
23-4130Potovsky, et al. v. Lincoln Benefit Life Company - Appeal of a dismissal of a diversity insurance coverage action, which alleged that Lincoln Benefit Life Company wrongfully refused to cover Patricia Potovsky’s claim for long-term care benefits. [3:23-cv-02235-WHO] Civil N. CA 15 min
24-2355PayServices Bank v. Federal Reserve Bank of San Francisco - Appeal of a dismissal of an action against the Federal Reserve Bank San Francisco (“FRBSF”) concerning PayServices’ claim to a “master account” and how FRBSF denied PayServices’ application for one. [1:23-cv-00305-REP] Civil ID 20 min


2024-12-04  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: COLLINS, VANDYKE, and MENDOZA, Jr., Circuit Judges
Case No. Title Nature Origin Time / Side
18-70616Bruno Zavala-Resendiz v. Merrick Garland - A citizen of Mexico challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
18-70775Qinfang Xue v. Merrick Garland - A citizen of China challenges an agency decision denying her motion to reopen a removal order issued in absentia. Immigration BIA Subm.
20-72846Jogindra Singh v. Merrick Garland - A citizen of India challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
19-71897Valeriya Nedeva-Alaniz v. Merrick Garland - A citizen of Bulgaria challenges an agency decision denying her motion to reopen a removal order issued in absentia. Immigration BIA Subm.
20-70424Jose Tallara, Jr. v. Merrick Garland - A citizen of the Philippines challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
20-70963Ricardo Polanco Gonzalez v. Merrick Garland - A citizen of El Salvador challenges an agency decision denying his motion to reopen a removal order issued in absentia. Immigration BIA Subm.
22-16998USA v. David Conerly - Appeal from denial of 28 U.S.C. § 2255 motion challenging conviction for being a felon in possession of a firearm and ammunition. [4:17-cr-00578-JSW-1] Habeas N. CA 10 min
23-15162
23-3327		Gregory Haynes v. City and County of San Francisco - Appeals from the district court's orders denying motion to set aside or vacate a sanctions award order and to disqualify the district court judge.  [3:08-cv-02295-JSW]
 Civil N. CA Subm.


2024-12-04  9:00 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BENNETT, BRESS, and FORREST, Circuit Judges
Case No. Title Nature Origin Time / Side
24-919Flaxman, et al. v. Ferguson, et al. - Appeal from the dismissal of an action by University of Washington professors alleging First Amendment violations in connection with an investigation by the Washington State Executive Ethics Board.  [2:23-cv-01581-KKE] Civil W. WA 15 min
24-581Yelp Inc. v. Paxton - Appeal from the district court's order denying Yelp's motion for a preliminary injunction which sought to enjoin Texas Attorney General Paxton from taking any further action to penalize Yelp for publication of speech about crises pregnancy centers.  [3:23-cv-04977-TLT] Civil N. CA 20 min


2024-12-05  9:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: M. SMITH, Jr., and BUMATAY, Circuit Judges, and WU (California Central), District Judge
Case No. Title Nature Origin Time / Side
23-481USA v. Delpriore - Appeal from conviction for drug and firearm offenses. [3:18-cr-00136-SLG-MMS-1] Criminal AK 10 min
23-1703USA v. Steinman - The United States appeals the district court's order granting a suppression motion in a case in which the defendant is charged with being a felon in possession of a firearm and ammunition and possession of unregistered firearms. [3:22-cr-00068-ART-CLB-1] Criminal NV 15 min
23-3470Cai, et al. v. Eargo, Inc., et al. - An appeal from the district court's dismissal of a securities fraud action. [3:21-cv-08597-CRB] Civil N. CA 15 min


2024-12-05  9:00 am  Courtroom 3, 3rd Floor Rm 307, James R. Browning U.S. Courthouse, San Francisco
Before: COLLINS, VANDYKE, and MENDOZA, Jr., Circuit Judges
Case No. Title Nature Origin Time / Side
23-2344Torrez-Mejia v. Howell, et al. - The State of Nevada appeals the district court's order granting in part Victor Torrez-Mejia's habeas corpus petition challenging his conviction by guilty plea to two counts of trafficking in a controlled substance. [2:18-cv-00681-RFB-VCF] Habeas NV Subm.
23-2797Valois v. O'Malley - Appeal of a decision affirming the Commissioner of Social Security’s denial of claimant’s application for disability insurance benefits under Title II of the Social Security Act.  [5:22-cv-03357-SVK] Social Security N. CA Subm.
23-3347Sigal v. Remmers, et al. - An appeal from the district court's judgment for defendants in an action brought pursuant to 42 U.S.C. § 1983 and state law against current and former employees of the Nevada Division of Parole and Probation alleging harassing searches.  [2:20-cv-00755-RFB-DJA] Civil NV 10 min
22-16623Tesla Motors, Inc. v. Cristina Balan - Appeal of an order confirming an arbitration award in a diversity action brought by Tesla Motors, Inc. and Elon Musk. [4:21-cv-09325-HSG] Civil N. CA 15 min
23-15973Nicole O'Neill v. PST Services LLC - An appeal from the district court's dismissal of an action under the False Claims Act. [1:15-cv-00433-ADA-EPG] Civil E. CA 15 min
24-2287Las Vegas Sun, Inc. v. Adelson, et al. - An appeal from the district court's order refusing to dissolve a preliminary injunction in an antitrust action concerning two Las Vegas newspapers. [2:19-cv-01667-ART-MDC] Civil NV 15 min
24-764Calcut, et al. v. Paramount Residential Mortgage Group, Inc., et al. - An appeal from the district court's summary judgment in an action under the Real Estate Settlement Procedures Act. [2:22-cv-01215-JJT] Civil AZ 15 min


2024-12-05  9:30 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BRESS, and FORREST, Circuit Judges, and OHTA (California Southern), District Judge
Case No. Title Nature Origin Time / Side
23-2352
23-2355		USA v. Beland - Appeals from convictions for tax offenses. [2:19-cr-00021-WBS-1]
 		 Criminal E. CA 15 min
23-3864Halverson v. Haaland - Appeal of a judgment in an action brought against Debra Haaland, the Secretary of the U.S. Department of the Interior, seeking mandamus relief against the Bureau of Indian Affairs [1:22-cv-00076-SPW] Civil MT 15 min


2024-12-06  9:30 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: TASHIMA, RAWLINSON, and M. SMITH, Jr., Circuit Judges
Case No. Title Nature Origin Time / Side
23-2323Calderon Peralta, et al. v. Garland - A citizen of Nicaragua petitions for review of the Board of Immigration Appeals' dismissal of an appeal of an immigration judge's denial of asylum and related relief.  [A220-194-023] Immigration W. WA 10 min
22-10221USA v. Kyle Thompson - Appeal from conviction for travel with intent to engage in illicit sexual conduct and commission of a sex offense by a registered sex offender. [3:18-cr-08162-DGC-1] Criminal AZ 15 min
22-17004
23-15025		Michael Duran v. M. Gutierrez - Two federal prisoners appeal the dismissal of their 28 U.S.C. § 2241 habeas corpus petitions seeking, among other things, release from Security Housing Units. [4:22-cv-00538-RM-EJM]
 Habeas AZ 15 min
24-3707Coleman, et al. v. Newsom, et al. - In an ongoing prison class action concerning the provision of mental health care in California, the State appeals from the district court's order pertaining to treatment for personality disorders. [2:90-cv-00520-KJM-DB] Pr Non-HC E. CA 15 min
24-4023Coleman, et al. v. Newsom, et al. - In an ongoing prison class action concerning the provision of mental health care in California, the State appeals from the district court's order holding certain state officials in contempt and ordering that accrued fines be deposited. [2:90-cv-00520-KJM-DB] Pr Non-HC E. CA 20 min


2024-12-06  9:30 am  Courtroom 4, 2nd Floor Rm 260, James R. Browning U.S. Courthouse, San Francisco
Before: BRESS, and FORREST, Circuit Judges, and OHTA (California Southern), District Judge
Case No. Title Nature Origin Time / Side
23-15978Lela McGee v. Target Corporation - Appeal of a judgment in a diversity action against Target Corporation, alleging claims for significant injuries plaintiff sustained as a result of a fall within Target. [2:20-cv-00345-KJD-EJY] Civil NV 15 min
24-12Cuja Chitay, et al. v. Garland - Citizens of Guatemala petition for review of the Board of Immigration Appeals' decision upholding an immigration judge's denial of asylum and related relief.    [A208-560-910] Immigration N. CA Subm.


2024-12-17  10:00 am  Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco
Before: BEA, LEE, and KOH, Circuit Judges
Case No. Title Nature Origin Time / Side
23-3197Newpoint Financial Corp. v. Bermuda Monetary Authority, et al. - Appeal of a dismissal of a case for lack of personal jurisdiction, and based on sovereign immunity, in a diversity action against Bermuda Monetary Authority (BMA) and BMA individuals.  [2:22-cv-08659-MCS-PVC] Civil C. CA 15 min


Location Addresses


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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