Courthouse News Service v. Michael Planet

MEMORANDUM

Courthouse News Service (“CNS”) appeals the district court’s grant of Michael Planet’s motion to dismiss. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing de novo, we reverse and remand with instructions. ASARCO, LLC v. Union Pac. R.R. Co., 765 F.3d 999, 1004 (9th Cir.2014).

The district court previously granted a motion to abstain from hearing this case, which we reversed and remanded in a published opinion. Courthouse News Serv. v. Planet, 750 F.3d 776 (9th Cir.2014). We held, inter alia, that the district court lacked the discretion to abstain under Railroad Commission of Texas v. Pullman Co., 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 (1941), because of the important First Amendment interest at stake. Courthouse News, 750 F.3d at 789 . In so holding, we noted that “there [was] no question that CNS ... alleged a cognizable injury caused by the Ventura County Superior Court’s denial of timely access to newly filed complaints,” id. at 788 , which, according to CNS’s complaint, include delays “stretching up to 34 calendar days.” CNS’s complaint also alleged that many courthouses across the country have adopted procedures to facilitate same-day media…