PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.; Planned Parenthood: Shasta-Diablo, Inc., DBA Planned Parenthood Northern California ; Planned Parenthood Mar Monte, Inc.; Planned Parenthood of the Pacific Southwest; Planned Parenthood Los Angeles; Planned Parenthood/Orange and San Bernardino Counties, Inc.; Planned Parenthood of Santa Barbara, Ventura and San Luis Obispo Counties, Inc. ; Planned Parenthood Pasadena and San Gabriel Valley, Inc.; Planned Parenthood Center for Choice; Planned Parenthood of the Rocky Mountains; Planned Parenthood Gulf Coast, Plaintiffs-Appellees, v. CENTER FOR MEDICAL PROGRESS; Biomax Procurement Services, LLC; David Daleiden, AKA Robert Daoud Sarkis; Sandra Susan Merritt, AKA Susan Tennenbaum; Gerardo Adrian Lopez, Defendants-Appellants, and Troy Newman; Phillip S. Cronin; Albin Rhomberg, Defendants.

United States Court of Appeals for the Ninth2018-08-01No. No. 16-16997

897 F.3d 1224

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Opinion · public domain

majority opinion

The concurrence opinion in the above-captioned matter filed on May 16, 2018, and published at 890 F.3d 828, is amended as follows:

At opinion page 838, delete the sentence: < I respectfully suggest that we should take this opportunity to fix this error in our courts precedent with a call of the case en banc.>

And replace the deleted sentence with: < Although the propriety of interlocutory appeals for denials of anti-SLAPP motions was not briefed by the parties in this case, I respectfully suggest that we take the opportunity to fix this error in the future.> The Petition for Panel Rehearing and Rehearing En Banc remains pending.

IT IS SO ORDERED.