Adibi

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

(Docket No. 8)

Plaintiffs Afshin Adibi and International Pharmaceutical Services (“IPS”) have filed suit pursuant to 42 U.S.C. § 1983 against Defendants the California State Board of Pharmacy (“Board”) and its executive director Patricia Harris in her official capacity. Plaintiffs seek (1) a declaration that Defendants have violated the Dormant Commerce Clause by trying to revoke or suspend Plaintiffs’ pharmaceutical license and permit and (2) an injunction barring Defendants from revoking or suspending the same. Currently pending before the Court is Defendants’ motion to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction. Having considered the parties’ briefs and accompanying submissions, the Court hereby DENIES Defendants’ motion to dismiss.

I. FACTUAL & PROCEDURAL BACKGROUND

In their complaint, Plaintiffs allege the following facts.

The Board is the official body of the state that regulates licensed pharmacists and licensed wholesalers of pharmaceuticals in the State of California. See Compl. ¶ 4. Ms. Harris is the executive director of the Board. See id. Mr. Adibi…