Hightower v. Celestron Acquisition, LLC et al
| Daniel Hightower, Keith Uehara, Norman Goldblatt and Sigurd Murphy |
| Synta Canada Int'l Enterprises Ltd., Sky-Watcher Canada, Laurence Huen, Corey Lee, SW TECHNOLOGY CORPORATION, Sky-Watcher USA, Olivon Manufacturing Co., Ltd., Joseph Lupica, Celestron Acquisition, LLC, Sylvia Shen, Dave Anderson, Jean Shen and Olivon USA, LLC |
| Thien Ngo and Sara Day Brewer |
| 5:2020cv03639 |
| June 1, 2020 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Virginia K DeMarchi |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
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Filing 37
Order Granting #28 Motion to Relate Case. Signed by Judge Edward J. Davila on 7/29/2020. (ejdlc1S, COURT STAFF) (Filed on 7/29/2020)
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Filing 36
Order Granting #26 Motion to Relate Case. Signed by Judge Edward J. Davila on 7/29/2020. (ejdlc1S, COURT STAFF) (Filed on 7/29/2020)
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Filing 35
NOTICE of Appearance by Amy Rose Cole (Cole, Amy Rose) (Filed on 7/28/2020)
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Filing 34
NOTICE of Appearance by Ashlee Nicole Lin (Lin, Ashlee) (Filed on 7/28/2020)
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Filing 33
OPPOSITION/RESPONSE (re #22 MOTION to Intervene and File Oppositions to: (1) Motion of Defendants Celestron Acquisition, LLC, SW Technology Corp., Corey Lee, David Anderson, and Joseph Lupica to Transfer Venue Pursuant To 28 U.S.C. 1404(a) to the Central District of Ca ) filed byDave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation. (Henry, Amber) (Filed on 7/28/2020)
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Filing 32
CERTIFICATE OF SERVICE by Sigurd Murphy, Keith Uehara re #30 MOTION to Appoint Lead Plaintiff and Lead Counsel (Zapala, Adam) (Filed on 7/23/2020)
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Filing 31
AMENDED COMPLAINT against All Defendants. Filed byDaniel Hightower. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Borden, Matthew) (Filed on 7/21/2020)
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Filing 30
MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Sigurd Murphy, Keith Uehara. Motion Hearing set for 10/15/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/4/2020. Replies due by 8/11/2020. (Attachments: #1 Declaration of Adam J. Zapala, #2 Exhibit A, #3 Proposed Order)(Zapala, Adam) (Filed on 7/21/2020)
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Filing 29
MOTION to Consolidate Cases filed by Sigurd Murphy, Keith Uehara. Motion Hearing set for 10/15/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 8/4/2020. Replies due by 8/11/2020. (Attachments: #1 Declaration of Adam J. Zapala, #2 Exhibit A, #3 Proposed Order)(Zapala, Adam) (Filed on 7/21/2020)
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Filing 28
MOTION to Relate Case filed by Norman Goldblatt. (Attachments: #1 Declaration of Lin Y. Chan In Support of Admnistrative Motion, #2 Proposed Order Granting Administrative Motion)(Chan, Lin) (Filed on 7/21/2020)
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Filing 27
REPLY (re #16 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) to the Central District of California ) filed byDave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation. (Frost, Christopher) (Filed on 7/21/2020)
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Filing 26
MOTION to Relate Case filed by Sara Day Brewer, Thien Ngo. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Srinivasan, Kalpana) (Filed on 7/20/2020)
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Filing 25
CLERK'S NOTICE CONTINUING HEARINGS. Please take NOTICE that the Motions hearings scheduled for 8/13/2020 are HEREBY CONTINUED to 8/20/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. This notice is applicable to cases: 5:20-cv-03639-EJD, 5:20-cv-03642-EJD, and 5:20-cv-04049-EJD for Motions to Dismiss, to Transfer and Intervene. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 7/15/2020)
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Filing 24
OPPOSITION/RESPONSE (re #16 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) to the Central District of California ) filed byDaniel Hightower. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Borden, Matthew) (Filed on 7/14/2020)
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Filing 23
OPPOSITION/RESPONSE (re #15 MOTION to Dismiss Lawsuit Pursuant to Fed. R. Civ. P. 12(b)(6) ) and Notice of Intent to Amend the Complaint as a Matter of Course filed byDaniel Hightower. (Borden, Matthew) (Filed on 7/14/2020)
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Filing 22
MOTION to Intervene and File Oppositions to: (1) Motion of Defendants Celestron Acquisition, LLC, SW Technology Corp., Corey Lee, David Anderson, and Joseph Lupica to Transfer Venue Pursuant To 28 U.S.C. 1404(a) to the Central District of California; and (2) Motion of Defendants Celestron Acquisition, LLC, SW Technology Corp., Corey Lee, Dave Anderson, and Joseph Lupica to Dismiss Lawsuit Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Sigurd Murphy, Keith Uehara. Motion Hearing set for 8/13/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 7/28/2020. Replies due by 8/4/2020. (Castillo, Elizabeth) (Filed on 7/14/2020)
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Filing 21
SUMMONS Returned Executed by Daniel Hightower. Celestron Acquisition, LLC served on 6/9/2020, answer due 6/30/2020. (Borden, Matthew) (Filed on 7/9/2020)
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Filing 20
WAIVER OF SERVICE Returned Executed filed by Daniel Hightower. Service waived by Corey Lee waiver sent on 6/11/2020, answer due 8/10/2020. (Fisher, Ronald) (Filed on 7/9/2020)
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Filing 19
WAIVER OF SERVICE Returned Executed filed by Daniel Hightower. Service waived by Dave Anderson waiver sent on 6/11/2020, answer due 8/10/2020. (Fisher, Ronald) (Filed on 7/9/2020)
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Filing 18
WAIVER OF SERVICE Returned Executed filed by Daniel Hightower. Service waived by Joseph Lupica waiver sent on 6/11/2020, answer due 8/10/2020. (Fisher, Ronald) (Filed on 7/9/2020)
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Filing 17
Order granting #10 Motion to Relate Case. Signed by Judge Edward J. Davila on 6/30/2020.(ejdlc1S, COURT STAFF) (Filed on 6/30/2020)
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Filing 16
MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) to the Central District of California filed by Dave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation. Motion Hearing set for 8/13/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 7/14/2020. Replies due by 7/21/2020. (Attachments: #1 Declaration of Corey Lee in Support of Motion to Transfer, #2 Proposed Order)(Frost, Christopher) (Filed on 6/30/2020)
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Filing 15
MOTION to Dismiss Lawsuit Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Dave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation. Motion Hearing set for 8/13/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 7/14/2020. Replies due by 7/21/2020. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice)(Frost, Christopher) (Filed on 6/30/2020)
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Filing 14
Corporate Disclosure Statement by Dave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation identifying Other Affiliate Synta Technology Corporation of Taiwan, Other Affiliate Synta Canada International Enterprises Limited for SW Technology Corporation. (Frost, Christopher) (Filed on 6/30/2020)
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Filing 13
Certificate of Interested Entities by Dave Anderson, Celestron Acquisition, LLC, Corey Lee, Joseph Lupica, SW Technology Corporation identifying Other Affiliate Synta Technology Corporation of Taiwan, Other Affiliate Synta Canada International Enterprises Limited for SW Technology Corporation. (Frost, Christopher) (Filed on 6/30/2020)
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Filing 12
OPPOSITION/RESPONSE (re #10 MOTION to Relate Case ) filed byCelestron Acquisition, LLC. (Frost, Christopher) (Filed on 6/19/2020)
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Filing 11
Proposed Order re #10 MOTION to Relate Case by Daniel Hightower. (Borden, Matthew) (Filed on 6/19/2020)
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Filing 10
MOTION to Relate Case filed by Daniel Hightower. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Borden, Matthew) (Filed on 6/18/2020)
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Filing 9
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 8/24/2020. Initial Case Management Conference set for 9/3/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 6/16/2020)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi Remains as referral judge assigned to case. Reassignment Order signed by Clerk on 6/16/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 6/16/2020)
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Filing 7
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) (Filed on 6/16/2020)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Daniel Hightower.. (Borden, Matthew) (Filed on 6/15/2020)
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Filing 5
Summons Issued as to Dave Anderson, Celestron Acquisition, LLC, Laurence Huen, Corey Lee, Joseph Lupica, Olivon Manufacturing Co., Ltd., Olivon USA, LLC, SW TECHNOLOGY CORPORATION, Jean Shen, Sylvia Shen, Sky-Watcher Canada, Sky-Watcher USA, Synta Canada Int'l Enterprises Ltd.. (dhmS, COURT STAFF) (Filed on 6/2/2020)
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/25/2020. Initial Case Management Conference set for 9/1/2020 01:30 PM in San Jose, Courtroom 2, 5th Floor. (dhmS, COURT STAFF) (Filed on 6/1/2020)
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Filing 3
Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/15/2020. (mbcS, COURT STAFF) (Filed on 6/1/2020)
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Filing 2
Proposed Summons. (Borden, Matthew) (Filed on 6/1/2020)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14526364.). Filed byDaniel Hightower. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Civil Cover Sheet)(Borden, Matthew) (Filed on 6/1/2020)
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