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. brings this action under 42 U.S.C. § 1983 18 against defendants Kim Embry and Environmental Health Advocates, Inc. Plaintiff alleges defendants violated its First Amendment rights by bringing sham private enforcement actions under California chemical disclosure rules commonly known as “Proposition 65.” Defendants move for leave to amend their answer. The court denies the motion. 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 Order (Mar. 29, 2024), ECF No. 176. The motion for leave to amend defendants’…