Monday, May 8, 9:30 a.m.
Tiznado-Reyna v. Kane, 12-17767
Petitioner appeals the district court’s denial of his 28 U.S.C. § 2241 habeas corpus petition and motion for preliminary injunction seeking release from detention by the Department of Homeland Security. He alleges derivative citizenship from his father.
Tuesday, May 9, 9:30 a.m.
Cooper v. Clark County, 11-16900
Plaintiffs appeal from the district court’s dismissal of their 42 U.S.C. § 1983 action challenging the denial of various business licenses, including a restaurant license to be used in connection with a swinger’s club in a multi-commercial development in Las Vegas known as the “Commercial Center,” which plaintiffs intend to renovate and operate. Plaintiffs allege due process and equal protection violations, and contend that the Clark County Code is unconstitutionally vague and overbroad.
Donahoe v. Arpaio, 12-16145
Former Maricopa County Attorney Andrew Thomas and former deputy attorney Lisa Aubuchon, and their spouses, appeal the district court’s denial of their motion for absolute immunity in 42 U.S.C. § 1983 actions brought by Maricopa County Superior Court Judge Gary Donahoe and his spouse, and Deputy County Manager Paul Wilson and his spouse. In the § 1983 actions, plaintiffs-appellees allege that they were named as defendants in a civil RICO suit filed by the county attorney’s office, and complain of constitutional rights violations including free speech, malicious prosecution, abuse of process, abuse of power, unlawful search, equal protection, and violations of the Fifth and Fourteenth Amendments.
Monday, May 13, 9 a.m.
DataTech Enter. v. FF Magnat Ltd., 12-17299
FF Magnat Ltd., operator of a file-sharing website, appeals the district court’s preliminary injunction, which froze Magnat’s U.S. assets and enjoined Magnat from disgorging or dissipating any funds or other assets until further notice. The underlying action, brought by producer DataTech Enterprises LLC, alleges that third parties used Magnat’s website, which provided cloud storage, to host videos that allegedly infringed on DataTech’s copyrights.
Tuesday, May 14, 9 a.m.
Drakes Bay Oyster Co. v. Salazar, 13-15227
Plaintiffs Drakes Bay Oyster Company and Kenny Lunny appeal the district court’s order denying their motion for a preliminary injunction and for the court to declare void and unlawful a November 29, 2012 Memorandum of Decision by the Secretary of the U.S. Department of the Interior not to grant plaintiffs a permit for the continued operation of their oyster farm in the Point Reyes National Seashore.
Klein v. TAP Pharmaceutical Prod., Inc., 11-17250
Plaintiff appeals the district court’s judgment after a jury trial in favor of defendant pharmaceutical companies in a diversity failure-to-warn products liability action. The pharmaceutical at issue is Lupron Depot 3.75 mg, which the Food and Drug Administration approved for temporary management of pain in women with endometriosis. Plaintiff received Lupron injections which left her permanently disabled.
Tuesday, May 14, 2 p.m.
Styers v. Ryan, 12-16952
Arizona state prisoner James Lynn Styers appeals the district court’s denial of his motion to enter judgment granting a 28 U.S.C. § 2254 habeas corpus petition challenging a jury conviction and capital sentence for murder and kidnaping. This court previously affirmed the conviction but remanded for resentencing.
Thursday, May 16, 9 a.m.
Wynar v. Douglas County, 11-17127
Plaintiff appeals from the district court’s summary judgment in a 42 U.S.C. § 1983 action alleging that school officials violated plaintiff’s son’s due process rights when they suspended him after his threatening off-campus emails were forwarded to the school principal.
C.B. v. City of Sonora, 11-17454
Former Chief of the City of Sonora Police Department and police deputies appeal the district court’s denial of their motion for judgment as a matter of law in a 42 U.S.C. § 1983 action for excessive use of force and unlawful seizure in responding to a report of an out-of-control juvenile at a school.