Embry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] B&G Foods North America, Inc., No. 2:20-cv-00526-KJM-DB Plaintiff, ORDER v. Kim Embry and Environmental Health Advocates, Inc., Defendants. 17 Plaintiff B&G Foods North America, Inc. (B&G) brings this action under 42 U.S.C. § 1983 against defendants Kim Embry and Environmental Health Advocates, Inc. (EHA). B&G 20 alleges defendants violated its First Amendment rights by bringing private enforcement actions under California chemical disclosure rules commonly known as “Proposition 65.” Defendants contend B&G’s complaint is barred by Noerr-Pennington immunity and in the alternative urge 23 there is no state action. In response, B&G argues defendants’ Proposition 65 lawsuits are a sham 24 and are not entitled to protection under Noerr-Pennington, and it claims private enforcement 25 actions under Proposition 65 are state action. Finding B&G plausibly pleads defendants’ 26 Proposition 65…