Embry
B&G Foods North America, Inc. v. Embry
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 B&G FOODS NORTH AMERICA, INC., No. 2:20-cv-00526-KJM-DB 12 Plaintiff, 13 v. ORDER 14 KIM EMBRY and NOAM GLICK, 15 Defendants. 16 17 Defendants Kim Embry and Noam Glick move to dismiss the complaint brought 18 by plaintiff B&G Foods North America, Inc. (B&G). The motion is fully briefed. See Opp’n, 19 ECF No. 23; Reply, ECF No. 24; Supp. Br., ECF No. 31; Supp. Resp., ECF No. 32. The court 20 heard oral argument by video teleconferencing on September 4, 2020. J. Noah Hagey and David 21 Kwasniewski appeared for B&G, and Noam Glick appeared for defendants.1 The motion is 22 granted, and the complaint is dismissed with prejudice, as explained below. 23 I. BACKGROUND 24 B&G manufactures Snackwell’s Devils’ Food Cookie Cakes. Compl. ¶ 13, ECF 25 No. 1. The process of baking the cookies causes the formation in the cookies of acrylamide, a 26 naturally occurring byproduct of all baking. Id. ¶¶ 16–18. B&G alleges that Embry, represented 27