MARLENE JUNE V. USA, No. 11-17776 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 24 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARLENE JUNE, Conservator for minor and surviving son of deceased in his own right and on behalf of all statutory beneficiaries conservator for A.K.B. deceased, Anthony Edward Booth, No. 11-17776 D.C. No. 2:11-cv-00901-SRB MEMORANDUM* Plaintiff - Appellant, v. UNITED STATES OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Submitted December 20, 2013** San Francisco, California * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Before: THOMAS and McKEOWN, Circuit Judges, and BENNETT, District Judge.*** Plaintiff Marlene June, acting as conservator for A.K.B., ( June ) appeals the district court s judgment in favor of the United States. We have jurisdiction pursuant to 28 U.S.C. § 1291 and reverse and remand. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here. After the district court entered judgment, an en banc panel of this Court held that 28 U.S.C. § 2401(b) of the Federal Tort Claims Act is not jurisdictional and that equitable adjustment of the limitations period in that section is not prohibited. Wong v. Beebe, -- F.3d ---, 2013 WL 5539621 (9th Cir. 2013) (en banc), overruling Marley v. United States, 567 F.3d 1030 (9th Cir. 2009). In light of Wong, we must reverse the district court s contrary ruling and remand for further proceedings consistent with this disposition. We need not, and do not, reach any other issue urged by the parties on appeal. REVERSED AND REMANDED. *** The Honorable Mark W. Bennett, District Judge for the U.S. District Court for the Northern District of Iowa, sitting by designation. -2-

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