Murphy et al v. Celestron Acquisition, LLC et al
| Keith Uehara and Sigurd Murphy |
| Synta Technology Corporation of Taiwan, Olivon Manufacturing Co. Ltd., Nantong Schmidt Opto-Electrical Technology Co. Ltd., SW Technology Corporation, Sky-Watcher USA, Ningbo Sunny Electronic Co. Ltd., Celestron Acquisition, LLC, Suzhou Synta Optical Technology Co., Ltd., Sky-Watcher Canada, Synta Canada International Enterprises Ltd. and Olivon USA, LLC |
| Jim Riley |
| 5:2020cv04049 |
| June 17, 2020 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Virginia K DeMarchi |
| Anti-Trust |
| 28 U.S.C. § 1331 Fed. Question: Anti-trust |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 MOTION to Relate Case filed by Jim Riley. (Attachments: #1 Declaration of Dennis Stewart in Support of Administrative Motion to Consider Whether Cases Should be Related, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Stewart, Dennis) (Filed on 9/24/2020) |
Filing 36
ORDER GRANTING (38) PLAINTIFFS AMENDED MOTION TO APPOINT COTCHETT, PITRE & McCARTHY, LLP, SUSMAN GODFREY LLP, AND LIEFF CABRASER HEIMANN & BERNSTEIN, LLP INTERIM CO-LEAD COUNSEL FOR INDIRECT PURCHASER PLAINTIFFS; terminating as moot (39) Motion to Dismiss; and denying (51) Motion to Appoint Lead Plaintiff and Lead Counsel. Signed by Judge Edward J. Davila on 9/18/2020. (ejdlc1, COURT STAFF) (Filed on 9/18/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 35 Minute Entry for proceedings held before Judge Edward J. Davila: Motions to Appoint Lead Plaintiff and Lead Counsel Hearing held on 9/17/2020 at 9:00 am via Zoom Webinar remotely. The Court GRANTS Amended Motion ECF 38 and Denies Motion ECF 51 . The Court to issue the Order. Plaintiff Attorney: Matthew Borden,Ronald Fisher,Aaron Sheanin,Kellie Lerner,Adam Mendel,Dan Drachler,Lin Chan,Eric Fastiff,Adam Zapala,Elizabeth Castillo. Defendant Attorney: Christopher Frost. Total Time in Court:9:00-10:06am(1Hr.6Mins.) Court Reporter: Lee-Anne Shortridge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Date Filed: 9/17/2020) |
| Filing 34 CLERKS NOTICE SETTING ZOOM HEARING. Motions to Appoint Lead Plaintiff and Lead Counsel Hearing set for 9/17/2020 09:00 AM before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar remotely.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ejd Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at EJDcrd@cand.uscourts.gov no later than 9/15/2020 at 2:00 PM PST.***PLEASE NOTE: THE COURT DISCOURAGES THE USE OF A MOBILE PHONE DEVICE AND AIR PODS DUE TO UNSTABLENESS OF CONNECTIVITY AND INAUDIBLE ISSUES FOR THE RECORD***General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to (51 in 5:20-cv-03639-EJD) MOTION to Appoint Lead Plaintiff and Lead Counsel ROBINS KAPLAN LLP AS INTERIM LEAD OR C O-LEAD COUNSEL FOR INDIRECT PURCHASER PLAINTIFFS; OPPOSITION TO AMENDED MOTION TO APPOINT COTCHETT, PITRE & McCARTHY, LLP, SUSMAN GODFREY LLP, AND LIEFF CABRASE, (38 in 5:20-cv-03639-EJD) Amended MOTION to Appoint Lead Plaintiff and Lead Counsel , (41 in 5:20-cv-03642-EJD) MOTION to Appoint Lead Plaintiff and Lead Counsel , (23 in 5:20-cv-04049-EJD) Amended MOTION to Appoint Lead Plaintiff and Lead Counsel , (16 in 5:20-cv-04823-EJD) Amended MOTION to Appoint Lead Plaintiff and Lead Counsel , (19 in 5:20-cv-04860-EJD) Amended MOTION to Appoint Lead Plaintiff and Lead Counsel . Motion Hearing set for 9/17/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 9/14/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 33 CLERK'S NOTICE ADVANCING MOTION HEARING DATE. Motions to Appoint Lead Plaintiff and Lead Counsel Hearing set for 10/15/2020 is HEREBY ADVANCED to 9/17/2020 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Motions as to ( 51 in 5:20-cv-03639-EJD), ( 38 in 5:20-cv-03639-EJD), ( 41 in 5:20-cv-03642-EJD), ( #23 in 5:20-cv-04049-EJD). (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 9/1/2020) |
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Filing 32
ORDER GRANTING STIPULATION RE CONSOLIDATION AND CASE MANAGEMENT (54) in case 5:20-cv-03639-EJD; GRANTING (30) Stipulation in case 5:20-cv-04049-EJD; GRANTING (23) Stipulation in case 5:20-cv-04860-EJD; GRANTING (17) Stipulation in case 5:20-cv-05285-EJD; GRANTING (10) Stipulation in case 5:20-cv-05400-EJD. Signed by Judge Edward J. Davila on 8/17/2020. (ejdlc1, COURT STAFF) (Filed on 8/17/2020)
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Filing 31
ORDER GRANTING (29) Motion to Consolidate Cases in case 5:20-cv-03639-EJD; GRANTING (31) Motion to Consolidate Cases in case 5:20-cv-03642-EJD; GRANTING (15) Motion to Consolidate Cases in case 5:20-cv-04049-EJD; GRANTING (8) Motion to Consolidate Cases in case 5:20-cv-04823-EJD; GRANTING (8) Motion to Consolidate Cases in case 5:20-cv-04860-EJD.6. The docket in Civil Action No. 20-3639 will constitute the master docket, and the file in that action will be the master file for every action that has been consolidated. Signed by Judge Edward J. Davila on 8/17/2020. (ejdlc1, COURT STAFF) (Filed on 8/17/2020) Modified text on 8/17/2020 (cv, COURT STAFF).
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| Filing 30 STIPULATION WITH PROPOSED ORDER REGARDING CONSOLIDATION AND CASE MANAGEMENT filed by Sigurd Murphy, Keith Uehara. (Zapala, Adam) (Filed on 8/14/2020) |
| Filing 29 (Text Only) CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motions to Dismiss, Transfer and Intervene(Docket Item Nos. #15 , #16 and #22 ) and for Case 5:20-cv-03642-EJD (Docket Item Nos. #13 and 14 ) and Case 5:20-cv-04049-EJD (Docket Item No. #13 ) before Judge Edward J. Davila previously noticed for 8/20/2020 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 8/20/2020 hearing is VACATED NO APPEARANCE NECESSARY. The Court to issue further Order on the submitted motions. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 8/12/2020) |
| Filing 28 REPLY (re #23 Amended MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed bySigurd Murphy, Keith Uehara. (Zapala, Adam) (Filed on 8/11/2020) |
| Filing 27 OPPOSITION/RESPONSE (re #23 Amended MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byCelestron Acquisition, LLC, SW Technology Corporation. (Lin, Ashlee) (Filed on 8/5/2020) |
| Filing 26 RESPONSE re #25 Statement of Non-Opposition, by Celestron Acquisition, LLC, SW Technology Corporation. (Lin, Ashlee) (Filed on 8/4/2020) |
| Filing 25 Statement of Non-Opposition re #13 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 bySigurd Murphy, Keith Uehara. (Related document(s) #13 ) (Zapala, Adam) (Filed on 8/4/2020) |
| Filing 24 Statement of Non-Opposition re #15 MOTION to Consolidate Cases filed byCelestron Acquisition, LLC, SW Technology Corporation. (Related document(s) #15 ) (Lin, Ashlee) (Filed on 8/4/2020) |
| Filing 23 Amended 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 8/14/2020. Replies due by 8/21/2020. (Attachments: #1 Declaration of Adam J. Zapala, #2 Exhibit A - Zapala Decl., #3 Declaration of Kalpana Srinivasan, #4 Exhibit A - Srinivasan Decl., #5 Exhibit B - Srinivasan Decl., #6 Exhibit C - Srinivasan Decl., #7 Exhibit D - Srinivasan Decl., #8 Exhibit E - Srinivasan Decl., #9 Declaration of Lin Y. Chan, #10 Exhibit A - Chan Decl., #11 Proposed Order)(Zapala, Adam) (Filed on 7/31/2020) |
| Filing 22 NOTICE of Appearance by Amy Rose Cole (Cole, Amy Rose) (Filed on 7/28/2020) |
| Filing 21 NOTICE of Appearance by Ashlee Nicole Lin (Lin, Ashlee) (Filed on 7/28/2020) |
| Filing 20 NOTICE of Appearance by Amber Henry (Henry, Amber) (Filed on 7/28/2020) |
| Filing 19 Certificate of Interested Entities by Celestron Acquisition, LLC, 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 7/28/2020) |
| Filing 18 OPPOSITION/RESPONSE (re #13 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 byCelestron Acquisition, LLC, SW Technology Corporation. (Frost, Christopher) (Filed on 7/28/2020) |
| Filing 17 CERTIFICATE OF SERVICE by Sigurd Murphy, Keith Uehara re #16 MOTION to Appoint Lead Plaintiff and Lead Counsel (Zapala, Adam) (Filed on 7/23/2020) |
| Filing 16 *** PLEASE SEE *** #23 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) Modified TEXT on 7/31/2020 (cv, COURT STAFF). |
| Filing 15 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) |
| Filing 14 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) |
| Filing 13 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) |
| Filing 12 NOTICE by Sigurd Murphy, Keith Uehara re #8 Summons Returned Executed (Plaintiffs' Notice of Withdrawal of Proof of Service of Summons and Complaint on Defendant Sky-Watcher USA) (Zapala, Adam) (Filed on 7/2/2020) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Keith Uehara, Sigurd Murphy. Service waived by Celestron Acquisition, LLC waiver sent on 6/18/2020, answer due 8/17/2020; SW Technology Corporation waiver sent on 6/18/2020, answer due 8/17/2020. (Castillo, Elizabeth) (Filed on 7/1/2020) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings re #9 Order Relating Cases. 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 Laurel Beeler no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/1/2020)
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Filing 9
Order Relating Case. Signed by Judge Edward J. Davila on 6/30/2020. (ejdlc1S, COURT STAFF) (Filed on 6/30/2020)
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| Filing 8 SUMMONS Returned Executed by Keith Uehara, Sigurd Murphy. Sky-Watcher USA served on 6/22/2020, answer due 7/13/2020. (Zapala, Adam) (Filed on 6/29/2020) |
| Filing 7 NOTICE by Sigurd Murphy, Keith Uehara (Notice of Lodging of Administrative Motion to Consider Whether Cases Should be Related) (Attachments: #1 Administrative Motion to Consider Whether Cases Should be Related, #2 Proposed Order, #3 Declaration of Adam J. Zapala in Support of Administrative Motion to Consider Whether Cases Should be Related, #4 Exhibit A to Zapala Declaration, #5 Exhibit B to Zapala Declaration, #6 Exhibit C to Zapala Declaration, #7 Exhibit D to Zapala Declaration)(Zapala, Adam) (Filed on 6/23/2020) |
| Filing 6 Summons Issued as to Celestron Acquisition, LLC, Nantong Schmidt Opto-Electrical Technology Co. Ltd., Ningbo Sunny Electronic Co. Ltd., Olivon Manufacturing Co. Ltd., Olivon USA, LLC, SW Technology Corporation, Sky-Watcher Canada, Sky-Watcher USA, Suzhou Synta Optical Technology Co., Ltd., Synta Canada International Enterprises Ltd., Synta Technology Corporation of Taiwan. (msrS, COURT STAFF) (Filed on 6/19/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/10/2020. Initial Case Management Conference set for 9/17/2020 11:00 AM in San Francisco, Courtroom B, 15th Floor. (Attachments: #1 Standing Order, #2 Standing Order)(msrS, COURT STAFF) (Filed on 6/19/2020) |
| Filing 4 Case assigned to Magistrate Judge Laurel Beeler. 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 7/2/2020. (haS, COURT STAFF) (Filed on 6/18/2020) |
| Filing 3 Proposed Summons. (Zapala, Adam) (Filed on 6/17/2020) |
| Filing 2 Civil Cover Sheet by Sigurd Murphy, Keith Uehara . (Zapala, Adam) (Filed on 6/17/2020) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14593641.). Filed byKeith Uehara, Sigurd Murphy. (Zapala, Adam) (Filed on 6/17/2020) |
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