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 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). 19 Plaintiff alleges defendants violated its First Amendment rights by bringing sham private 20 enforcement actions under California chemical disclosure rules commonly known as “Proposition 65.” Defendants now move to dismiss or, in the alternative, to stay proceedings under the first-to-file doctrine. Defendants also move for a protective order staying discovery 23 pending resolution of the motion to dismiss. The court denies defendants’ motion to dismiss and, 24 accordingly, denies the motion for a protective order. 25 I. BACKGROUND The court incorporates by reference the factual and procedural history of…