Case: 19-40053 Document: 00515158746 Page: 1 Date Filed: 10/15/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 19-40053 FILED October 15, 2019 Lyle W. Cayce STAR SYSTEMS INTERNATIONAL LIMITED, Clerk Plaintiff - Appellee v. NEOLOGY, INCORPORATED, Defendant - Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:18-CV-574

Before HIGGINBOTHAM, DENNIS, and HO, Circuit Judges.

PER CURIAM:* The district court denied Neology, Inc.’s motion to dismiss after concluding that the Texas Citizens Participation Act (TCPA)—Texas’ anti- SLAPP statute—did not apply in a federal diversity proceeding. Neology appealed pursuant to the collateral order doctrine.

At the time Neology filed its appeal, we had not yet ruled on whether, and to what extent, the TCPA applied in federal courts. Since then, this court

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Case: 19-40053 Document: 00515158746 Page: 2 Date Filed: 10/15/2019

No. 19-40053 confronted the question head-on in Klocke v. Watson, where we concluded that the TCPA’s burden-shifting framework conflicted with FED. R. CIV. P. 12(b)(6) and FED. R. CIV. P. 56. 936 F.3d 240, 247 (5th Cir. 2019). The TCPA therefore constituted a state procedural statute and was not applicable in a federal diversity proceeding. Id. For the reasons stated in Klocke, we affirm the district court’s order.