Embry

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

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