NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GALINA VICTOROVNA OGEONE,

Plaintiff

- Appellant,

v. W. RUTH YANG, Dentist,

Defendant

- Appellee. No s
. 15

- 15499 15

- 16005
D.C. No. 1:13

- cv - 00166

- SOM

- RLP

MEMORANDUM *

Appeal s from the United States District Court

for the District of Hawaii Susan O. Mollway, District Judge, Presiding Submitted October 23, 2017 **
Before: McKEOWN, WATFORD, and FRIEDLAND, Circuit Judges. In these consolidated appeals, Galina Victorovna Ogeone appeals pro se from the district court’s judgment following a jury trial in h er action alleging federal and state claims arising out of her dental treatment. We have jurisdiction under 28 U.S.C. § 12 91. We review de novo a denial of a motion to remand

. Hall

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes th ese case s are suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

OCT 31 2017 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 15499

v. N. Am. Van Lines, Inc ., 476 F.3d 683, 686 (9th Cir. 2007)

. We affirm. The district court properly denied Ogeone’s April 12, 2013 and May 2, 2013 motion s to remand because Ogeone ’s claims aga inst a federal employee certified to be acting within the scope of her employment must proceed in federal court under the Federal Tort Claims Act (“FTCA”) with the United States as the proper defendant

. See Osborn v. Haley , 549 U.S. 225, 229

- 32 (2007) (where the U.S. Attorney General certifi es that a federal employee named as a defendant in a tort action was acting within the scope of her employment, the United States must be substituted as the defendant and the case must proceed in federal co urt under the FTCA) ; Billings v. United States , 57 F.3d 797, 800 (9th Cir. 1995) ( Attorney General’ s certification that a federal employee was acting within the scope of employment must be disproved by a preponderance of the evidence)

. We reject as withou t merit Ogeone’s contentions that removal was untimely, that Ogeone ’s state and federal notices of appeal be fore trial divested the district court of jurisdiction , and that the district court lacked personal jurisdiction over defendant Yang. The district court did not abuse its discretion in retaining supplemental jurisdiction over Ogeone’s state law claim after dismissing her FTCA claim. See Satey v. JPMorgan Chase & Co ., 521 F.3d 1087, 1090

- 91 (9th Cir. 2008) (setting forth standard of revi ew and explaining that the district court has discretion to retain supplemental jurisdiction over state law claims eve n if federal claims are3 15

- 15499

dismissed). The district court did not abuse its discretion in denying Ogeone’s motion to continue trial because a continuance one day before trial would have seriously inconvenienced the court and defendant , and Ogeone failed to establish that she

was prejudice d by the denial of the continuance

. See United States v. Flynt , 756 F.2d 1352, 135 8

- 5 9 (9th Cir. 1985) (setting forth standard of review and factors that the court should consider when reviewing the denial of a request for continuance )

. The district court did not abuse its discretion in granting defendant’s motion for attorney’s fees because Ogeone’s ac tion was in the nature of assumpsit

. See
Haw. Rev. Stat. § 607

- 14; Kona Enters., Inc. v. Estate of Bishop , 229 F.3d 877,
883

- 84 (9th Cir. 2000) (setting forth standard of review and explaining that § 607

- 14 provides f

or attorney’ s fees to the prevailing p arty in actions in the nature of assumpsit, which include s all possible contract claims). We reject as unsupported by the record Ogeone’s contentions regarding the district court’s violations of her due process rights

. We do not consider matters that were not properly raised before the district
court. See Smith v. Marsh , 194 F .3d 1045, 1052 (9th Cir. 1999). Ogeone’s motion to supplement the record and request for judicial notice (Docket Entry Nos. 25 and 26 in a ppeal No. 15

- 15499; Docket Entry Nos. 18 and4 15

- 15499

19 in a ppeal No. 15

- 16005 ) are denied

. Ogeone’s motion to rule on pending appeal (Docket Entry No. 29 in appeal
No. 15

- 15499 ; Docket Entry No. 21 in appeal No. 15

- 16005) is granted.
AFFIRMED.