Jerden

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL JERDEN; CATRINA JERDEN,  No. 04-35889 Plaintiffs-Appellants, D.C. No. v.  CV-02-03056-JPC

PAUL G. AMSTUTZ, M.D., ORDER AND

Defendant-Appellee. AMENDED  OPINION

Appeal from the United States District Court for the District of Oregon John P. Cooney, Magistrate Judge, Presiding

Argued and Submitted September 13, 2005—Portland, Oregon

Filed December 9, 2005 Amended January 12, 2006

Before: Raymond C. Fisher, Ronald M. Gould, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Gould

575 578 JERDEN v. AMSTUTZ

COUNSEL

Megan B. Annand, Law Office of Megan B. Annand, Med- ford, Oregon, for the plaintiffs-appellants.

Robert L. Cowling (argued) and Benjamin M. Bloom, Cowl- ing, Heysell, Plouse, Ingalls & Moore, Medford, Oregon, for the defendant-appellee. JERDEN v. AMSTUTZ 579

ORDER

The opinion filed on December 9, 2005 and published at 430 F.3d 1231 is AMENDED as follows.

Slip Op. p. 16121: The first sentence in the third paragraph states:

During the trial, on Wednesday, May 26, 2004, Dr. Gross…