Aids Healthcare Foundation v. Apexus, LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 21 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

AIDS HEALTHCARE FOUNDATION, a No. 23-55425 California non-profit public-benefit corporation, D.C. No. 2:22-cv-08450-PA-E

Plaintiff-Appellant,

MEMORANDUM*

v.

APEXUS, LLC, a Delaware limited liability company,

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding

Argued and Submitted April 11, 2024 Pasadena, California

Before: MURGUIA, Chief Judge, and MENDOZA and DE ALBA, Circuit Judges.

Plaintiff-Appellant AIDS Healthcare Foundation (“AIDS Healthcare”) sues

Defendant-Appellee Apexus, LLC (“Apexus”) for allegedly breaching the Prime

Vendor Agreement between Apexus and the Health Resources and Services

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Administration (“HRSA”), issued pursuant to § 340B of the Public Health Services

Act, 42 U.S.C. § 256b. Applying the…