Metabolic Research, Inc. v. Scott Ferrell
Opinion
Opinion
Singleton, J.
ORDER
The opinion filed on February 9, 2012, appearing at 668 F.3d 1100 , is withdrawn.
OPINION
In this decision, we determine whether an order denying a pretrial special motion to dismiss under Nevada’s anti-SLAPP statute, Nev.Rev.Stat. §§ 41.635-670, is immediately appealable under the collateral order doctrine first recognized in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949). We previously considered related issues under Oregon law in Englert v. MacDonell, 551 F.3d 1099, 1103-07 (9th Cir.2009), and California law in Batzel v. Smith, 333 F.3d 1018, 1025-26 (9th Cir. 2003). We find that Nevada’s statute is similar to Oregon’s at the time we decided Englert , and dismiss the appeal for lack of jurisdiction.
I. FACTUAL AND PROCEDURAL HISTORY
On October 20, 2009, Scott J. Ferrell, an attorney practicing law in Orange County California, sent “demand letters” to Metabolic Research, Inc. (“Metabolic”), at its address in Las Vegas, Nevada, and to General Nutrition Centers, Inc. (“GNC”), at its address in Pittsburgh, Pennsylvania. The demand letters purported to notify the recipients that they had violated California Civil…