FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PLANNED PARENTHOOD No. 16-16997 FEDERATION OF AMERICA, INC.; PLANNED PARENTHOOD: SHASTA- D.C. No. DIABLO, INC., DBA Planned 3:16-cv-00236- Parenthood Northern California; WHO PLANNED PARENTHOOD MAR MONTE, INC.; PLANNED PARENTHOOD OF THE PACIFIC ORDER SOUTHWEST; PLANNED AMENDING PARENTHOOD LOS ANGELES; CONCURRENCE 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. PLANNED PARENTHOOD V. CTR. FOR MED. PROGRESS

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.

Filed August 1, 2018 Before: Ronald M. Gould and Mary H. Murguia, Circuit Judges, and Nancy Freudenthal, * Chief District Judge.

* The Honorable Nancy Freudenthal, Chief United States District Judge for the District of Wyoming, sitting by designation.

PLANNED PARENTHOOD V. CTR. FOR MED. PROGRESS 3 ORDER 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 court’s 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.