Beeman

Thomas M. Peterson (argued), Morgan Lewis & Bockius, LLP, San Francisco, CA, for the defendants-appellants.

Michael A. Bowse (argued), Brovrae Woods George LLP, Los Angeles, CA, for the plaintiffs-appellees.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.

Opinion by Judge B. FLETCHER; Dissent by Judge WARDLAW.

B. FLETCHER, Circuit Judge:

In this consolidated appeal, defendants-appellants (collectively "Defendants") appeal the denial by the district court of their motions for judgment on the pleadings. Plaintiffs-appellees (collectively "Plaintiffs") brought this diversity suit against Defendants to enforce California Civil Code §§ 2527 and 2528. These statutes require Defendants to supply the results of bi-annual studies of California pharmacies' retail drug pricing for private uninsured customers to theu" chents, who are third-party payors such as insurance companies and self-insured employer groups. In their motions for judgment, Defendants argued that California Civil Code § 2527 (herein-after "§ 2527") compels speech in violation of the United States and California Constitutions. The district court denied the motions, first reasoning…