Embry

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, ORDER 13 v. 14 Kim Embry, et al., 1S Defendants. 16 17 Plaintiff B&G Foods North America, Inc. brings this action under 42 U.S.C. § 1983 18 | against defendants Kim Embry and Environmental Health Advocates, Inc. Plaintiff alleges 19 | defendants violated its First Amendment rights by bringing sham private enforcement actions 20 | under California chemical disclosure rules commonly known as “Proposition 65.” Defendants 21 | move for leave to amend their answer. The court denies the motion. 22 The court incorporates by reference the factual and procedural history of this case from its 23 | prior order. See Order (June 1, 2023), ECF No. 82. The court most recently dismissed 24 | defendants’ fourth motion to dismiss and denied their motion to stay discovery as moot. See 25 | Order (Mar. 29, 2024), ECF No. 176. The motion for leave to amend defendants’…