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, ORDER v. Kim Embry, et al., 1S Defendants. 16 The court dismissed plaintiff B&G Foods’ § 1983 lawsuit against defendants Kim Embry and Noam Glick, finding the Noerr-Pennington doctrine barred its complaint. See Order at 5, ECF No. 33. The court denied leave to amend. /d. On appeal, the Ninth Circuit held the court erred in 20 dismissing the complaint without leave to amend “[b]ecause it is unclear whether B&G could allege the application of a sham exception to the Noerr-Pennington doctrine in an amended complaint.” Ninth Cir. Op. at 26, ECF No. 41. The Ninth Circuit therefore remanded to allow B&G an 23 opportunity to amend. /d. B&G has now filed its first amended complaint. See ECF No. 45. Following remand, this court held a status conference to discuss case scheduling, and it 25 directed the parties to file…