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LEMOGE v. U.S.

No. 08-56210.

587 F.3d 1188 (2009)

Mark LEMOGE and Roxina Lemoge, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2009.

Attorney(s) appearing for the Case

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

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.

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

GOULD, Circuit Judge:

Mark and Roxina Lemoge appeal the district court's denial of their motion to set aside the dismissal of their action for personal injuries under the Federal Torts Claims Act (FTCA) against the United States and to extend time to serve the summons and complaint. The issue is whether the district court abused its discretion under Federal Rule of Civil Procedure 60(b) by denying the Lemoges relief from the dismissal. We have jurisdiction under 28...

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