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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Tuck’s Restaurant and Bar, et al., No. 2:20-cv-02256-KJM-CKD Plaintiffs, ORDER v. Nevada County, et al., 1S Defendants. 16 Plaintiffs, two Nevada County restaurants, their owners and a Nevada County restaurant 18 coalition, allege defendants Nevada County and its County Counsel, Katharine Elliott, retaliated 19 against them for voicing opposition to COVID-era closure orders and related enforcement efforts. Defendants move for summary judgment. As explained in this order, plaintiffs have expressly abandoned their original theory of defendants’ liability. Permitting them to advance a new legal theory and new arguments at this late stage of the case would cause undue delay and prejudice the defense. For these reasons, the court grants defendants’ motion for summary judgment. 24 I. BACKGROUND In early 2020, California Governor Gavin Newsom declared a state of emergency due to 26 the…