. A district court’s order granting an Anti-SLAPP motion as to two defendants, but leaving one defendant still in the case is not an appealable order. Under federal law, such an order is not a final judgment since it does not resolve all claims of all parties. The fact that the order would be appealable in California state court is irrelevant as even in diversity cases, federal procedural law governs. Unlike denial of an Anti-SLAPP motion, an order granting such a motion is not appealable under the Cohen v. Beneficial collateral order doctrine because any error can be corrected on appeal from a final judgment.
Ninth Circuit (per curiam); June 14, 2016; 2016 WL 3254701