David

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PHARMACEUTICAL RESEARCH AND No. 2:17-cv-02573-MCE-KJN

MANUFACTURERS OF AMERICA,

12 Plaintiff, MEMORANDUM AND ORDER v. 14 ROBERT P. DAVID, in his official capacity as Director of the California Office of Statewide Health Planning and Development, Defendant. 18 Through the present action, Plaintiff Pharmaceutical Research and Manufacturers of America (“PhRMA”) seeks a declaration that Section 4 of a California law, Senate Bill 17 (“SB 17”), is unconstitutional and a permanent injunction preventing its implementation by Defendant Robert P. David, Director of the Office of Statewide Health Planning and Development (“OSHPD” or the “State”). Presently before the Court is PhRMA’s Motion for Summary Judgment. ECF No. 64 (“PhRMA Mot.”). The Court heard oral argument on December 17, 2020. For the reasons set forth below, that Motion is DENIED. ///

1 Marko Mijic has replaced Robert P. David as the Acting Director of OSHPD. …