Hansen

Hansen v. United States

Good Law
3 F. App'x 592
United States Court of Appeals for the Ninth CircuitFebruary 5, 2001No. 98-36172California469 words

Opinion

Lead Opinion

*593 MEMORANDUM *

This case concerns the injuries suffered by Plaintiff-Appellant Michael Hansen while shopping at the commissary on McChord Air Force Base. The Hansens appealed the district court’s dismissal of their suit, contending that dismissal was improvident because discovery had not yet been completed and, in any event, that dismissal was improper under Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). Because the Hansens succeed on their discovery claim, we do not address the merits of their Feres argument.

We review for abuse of discretion a district court’s decision to dismiss for lack of jurisdiction without permitting additional time for discovery. America West Airlines, Inc. v. GPA Group, Ltd., 877 F.2d 793, 800-01 (9th Cir.1989).

As a general rule, “where pertinent facts bearing on the question of jurisdiction are in dispute, discovery should be allowed.” Id. at 801 ; see also Razore v. Tulalip Tribes, 66 F.3d 236 , 240 (9th Cir.1995) (affirming dismissal because “[additional discovery would not affect the jurisdictional analysis”). On the other hand, there is no abuse of discretion “when it is clear that further discovery would not…

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