Marlene June v. United States
550 F. App'x 505
9th Cir.
2013
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Docket

*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.

Notes

[***] The Honorable Mark W. Bennett, District Judge for the U.S. District Court for the Northern District of Iowa, sitting by designation. -2-