FILED
NOT FOR PUBLICATION
NOV 18 2015
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALAN W. JONES and KATHRYN No. 13-15488
MARIE JONES,
D.C. No. 2:12-cv-02286-FJM
Plaintiffs - Appellants,
v. MEMORANDUM*
DALLAS NEUROLOGICAL AND
SPINE ASSOCIATES PA; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Arizona
Frederick J. Martone, Senior District Judge, Presiding
Submitted November 9, 2015**
San Francisco, California
Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Kathryn and Alan Jones appeal the district court’s dismissal of their
declaratory judgment action seeking a tolling of the statute of limitations for a
*
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).
medical malpractice claim they plan to bring. The Joneses have not presented a
justiciable case or controversy. See Calderon v. Ashmus, 523 U.S. 740, 747
(1998). It is not clear whether the Joneses will ever bring a medical malpractice
claim, or if they do, whether the defendants will raise the statute of limitations as a
defense. Until that time, we lack jurisdiction over the claim.
AFFIRMED.
2