ALBERT L. JACOBS, Jr.; LINDA SPECTOR JACOBS v. Wheaton Van Lines, Inc.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALBERT L. JACOBS, Jr.; LINDA
SPECTOR JACOBS,
Plaintiffs-Appellants,
v.
WHEATON VAN LINES, INC.,
Defendant-Appellee.
No. 18-16207
D.C. No. 2:17-cv-03967-JAT
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding
Submitted December 11, 2019**
Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
Albert L. Jacobs, Jr. and Linda Spector Jacobs appeal pro se from the district
court’s judgment dismissing their declaratory judgment action against Wheaton
Van Lines, Inc. We have jurisdiction under 28 U.S.C. § 1291. We affirm.
In their opening brief, plaintiffs fail to raise, and therefore have waived, any
* 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 18 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 18-16207
challenge to the district court’s ruling that it lacked subject matter jurisdiction over
their declaratory judgment action. See Indep. Towers of Wash. v. Washington, 350
F.3d 925, 929 (9th Cir. 2003) (“[W]e will not consider any claims that were not
actually argued in appellant’s opening brief.”); Acosta-Huerta v. Estelle, 7 F.3d
139, 144 (9th Cir. 1993) (issues not supported by argument in pro se appellant’s
opening brief are waived).
Contrary to plaintiffs’ contention, the district court resolved plaintiffs’
declaratory judgment action against defendant before it addressed defendant’s
action against Ms. Jacobs.
We reject as without merit plaintiffs’ contention that the district court should
have ruled on their motion for summary judgment on the merits.
AFFIRMED.

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