ALAN W. JONES and KATHRYN MARIE JONES v. Dallas Neurological and Spine Associates Pa;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALAN W. JONES and KATHRYN
MARIE JONES,
Plaintiffs - Appellants,
v.
DALLAS NEUROLOGICAL AND
SPINE ASSOCIATES PA; et al.,
Defendants - Appellees.
No. 13-15488
D.C. No. 2:12-cv-02286-FJM
MEMORANDUM*
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
FILED
NOV 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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

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