United States Ninth Circuit

In a Federal Tort Claims Act action against the U.S. based on injuries suffered by plaintiff at a military facility, dismissal of the action as untimely is reversed where the district court did not address whether plaintiff acted in good faith in failing to serve the complaint in a timely fashion.

Appellate Information

• Argued 11/04/2009
• Decided 12/07/2009
• Published 12/07/2009

Judges

• GOULD, Circuit Judge:, Before:  HARRY PREGERSON and RONALD M. GOULD, Circuit Judges, and MYRON H. BRIGHT, Senior Circuit Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David W. Baumgarten (argued), Yale & Baumgarten, LLP, San Diego, CA, for appellants Mark Lemoge and Roxina Lemoge.


• For Appellees:
  
• Karen P. Hewitt, United States Attorney, Southern District of California, and Melanie A. Andrews (argued), Special Assistant United States Attorney, for appellee United States of America.