B&G Foods North America, Inc. v. Kim Embry

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

B&G FOODS NORTH AMERICA, INC., No. 20-16971 Plaintiff-Appellant, D.C. No. v. 2:20-cv-00526-

KJM-DB

KIM EMBRY; NOAM GLICK,

Defendants-Appellees. OPINION

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, Chief District Judge, Presiding

Argued and Submitted January 12, 2022 San Francisco, California

Filed March 17, 2022

Before: Ronald M. Gould, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Bennett B&G FOODS N. AMERICA V. EMBRY

SUMMARY *

Civil Rights

The panel affirmed the district court’s dismissal of a complaint, reversed the denial of leave to amend, and remanded to give plaintiff an opportunity to amend the complaint in an action brought pursuant to 42 U.S.C. § 1983 by food manufacturer B&G Foods North America, Inc., alleging that defendants Kim Embry and her attorney, Noam Glick, violated B&G’s constitutional rights by threatening to sue and ultimately suing B&G to enforce California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition…