Planned Parenthood Federation of America, Inc. v. Center for Medical Progress

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PLANNED PARENTHOOD Case No. 16-cv-00236-WHO FEDERATION OF AMERICA, INC., et al., 8 Plaintiffs, ORDER ON MOTION FOR RELIEF FROM FINAL JUDGMENT v. Re: Dkt. No. 1201 CENTER FOR MEDICAL PROGRESS, et al., Defendants. 12 Defendants seek relief under Federal Rule of Civil Procedure 60(b)(5) and (6) from the judgment in this case (“Judgment”), based on the Ninth Circuit’s June 23, 2023, decision in Project Veritas v. Schmidt, 72 F.4th 1043 (9th Cir. 2023), which struck down Oregon’s all-party consent recording statute in light of its content-based exceptions. The jury in this case found in part that the defendants violated the California, Maryland, and Florida recording statutes, and defendants argue that Project Veritas created a significant change in law that fatally undermines those findings of the jury. Defendants overread Project Veritas, it did not effect a change in controlling law with respect to the…