3ba Properties LLC v. Larry Claunch;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
3BA PROPERTIES LLC,
Plaintiff,
and
KEVIN LUBAHN; BRENDA FORD,
Plaintiffs-Appellants,
v.
LARRY CLAUNCH; et al.,
Defendants-Appellees.
No. 14-35591
D.C. No. 2:13-cv-00979-TSZ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Thomas S. Zilly, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Kevin LuBahn and Brenda Ford appeal from the district court’s judgment
dismissing their action alleging federal and state law claims. We have jurisdiction
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-35591
under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for
failure to effect timely service. In re Sheehan, 253 F.3d 507, 511 (9th Cir. 2001).
We affirm.
The district court did not abuse its discretion by dismissing plaintiffs’ claims
against defendant Larry Claunch because plaintiffs failed to establish good cause
for failure to effect timely service of the summons and complaint. See Fed. R. Civ.
Pro. 4(f); Brockmeyer v. May, 383 F.3d 798 (9th Cir. 2004) (outlining the ways in
which service of process may be effectuated under Rule 4(f)).
We deny appellees’ requests for costs or attorney’s fees on appeal, set forth
in their answering brief, without prejudice to filing a motion in accordance with the
Federal Rules of Appellate Procedure and Ninth Circuit Rule 39-1.6.
AFFIRMED.

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