Bioscience Advisors, Inc. v. United States Securities and Exchange Commission

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BIOSCIENCE ADVISORS, INC., Case No. 21-cv-00866-HSG Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS UNITED STATES SECURITIES AND Re: Dkt. No. 33 EXCHANGE COMMISSION, et al., 11 Defendants. 12 Now before the Court is a Motion to Dismiss filed by Defendants United States Securities and Exchange Commission; Gary Gensler, in his official capacity as Chair of the Securities and Exchange Commission; National Archives and Records Administration; and David S. Ferriero, in his official capacity as the Archivist of the United States, for which briefing is now complete. See Dkt. Nos. 33 (“Mot.”), 35 (“Opp.”), 37 (“Reply”). For the reasons detailed below, the Court GRANTS IN PART and DENIES IN PART the motion.1 I. BACKGROUND This case involves two Administrative Procedure Act (“APA”) claims challenging the National Archives and Records Administration’s (“NARA”) approval and the Securities and Exchange…