Brewer et al v. Celestron Acquisition, LLC et al
| Thien Ngo, Sara Day Brewer, Keith Uehara and Sigurd Murphy |
| Sky-Watcher Canada, Nantong Schmidt Opto-Electrical Technology Co. Ltd., Synta Technology Corp. of Taiwan, Sky-Watcher USA, Olivon Manufacturing Co., Ltd., Ningbo Sunny Electronic Co. Ltd., Celestron Acquisition, LLC, Synta Canada International Enterprises Ltd., SW Technology Corp., Suzhou Synta Optical Technology Co. Ltd. and Olivon USA, LLC |
| 5:2020cv04823 |
| July 17, 2020 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Virginia K DeMarchi |
| Susan van Keulen |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 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 23 CLERK'S NOTICE ADVANCING MOTION HEARING. Motion #16 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. (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) |
Filing 22
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 21
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 20 STIPULATION WITH PROPOSED ORDER REGARDING CONSOLIDATION AND CASE MANAGEMENT filed by Sigurd Murphy, Keith Uehara. (Zapala, Adam) (Filed on 8/14/2020) |
| Filing 19 REPLY (re #16 Amended MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed bySigurd Murphy, Keith Uehara. (Zapala, Adam) (Filed on 8/11/2020) |
| Filing 18 OPPOSITION/RESPONSE (re #16 Amended MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byCelestron Acquisition, LLC, SW Technology Corp.. (Lin, Ashlee) (Filed on 8/5/2020) |
| Filing 17 Statement of Non-Opposition re #8 MOTION to Consolidate Cases filed byCelestron Acquisition, LLC, SW Technology Corp.. (Related document(s) #8 ) (Lin, Ashlee) (Filed on 8/4/2020) |
| Filing 16 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) |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila and Magistrate for all further proceedings re 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 Susan van Keulen no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 7/29/2020)
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Filing 14
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 7/29/2020. (ejdlc1S, COURT STAFF) (Filed on 7/29/2020)
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| Filing 13 NOTICE of Appearance by Amy Rose Cole (Cole, Amy Rose) (Filed on 7/28/2020) |
| Filing 12 NOTICE of Appearance by Ashlee Nicole Lin (Lin, Ashlee) (Filed on 7/28/2020) |
| Filing 11 NOTICE of Appearance by Amber Henry (Henry, Amber) (Filed on 7/28/2020) |
| Filing 10 Certificate of Interested Entities by Celestron Acquisition, LLC, SW Technology Corp. identifying Other Affiliate Synta Canada International Enterprises Limited for SW Technology Corp.. (Frost, Christopher) (Filed on 7/28/2020) |
| Filing 9 NOTICE of Appearance by Christopher Lynn Frost (Frost, Christopher) (Filed on 7/28/2020) |
| Filing 8 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 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/13/2020. Initial Case Management Conference set for 10/20/2020 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 7/20/2020) |
| Filing 6 NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING by Sara Day Brewer, Thien Ngo (Attachments: #1 Exhibit 1)(Srinivasan, Kalpana) (Filed on 7/20/2020) Modified on 7/20/2020 (bwS, COURT STAFF). |
| Filing 5 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 Corp., Sky-Watcher Canada, Sky-Watcher USA, Suzhou Synta Optical Technology Co. Ltd., Synta Canada International Enterprises Ltd., Synta Technology Corp. of Taiwan. (cv, COURT STAFF) (Filed on 7/20/2020) |
| Filing 4 Case assigned to Magistrate Judge Susan van Keulen. 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 7/31/2020. (bwS, COURT STAFF) (Filed on 7/17/2020) |
| Filing 3 Proposed Summons. (Srinivasan, Kalpana) (Filed on 7/17/2020) |
| Filing 2 Certificate of Interested Entities by Sara Day Brewer, Thien Ngo (Srinivasan, Kalpana) (Filed on 7/17/2020) |
| Filing 1 COMPLAINT - Class Action Complaint for Violations of: (1) Sherman Act secs. 1, 2; (2) Clayton Act sec. 7; (3) State Antitrust Laws; (4) State Consumer Protection Laws; and (5) Unjust Enrichment against Celestron Acquisition, LLC, Nantong Schmidt Opto-Electrical Technology Co. Ltd., Ningbo Sunny Electronic Co. Ltd., Olivon Manufacturing Co., Ltd., Olivon USA, LLC, SW Technology Corp., Sky-Watcher Canada, Sky-Watcher USA, Suzhou Synta Optical Technology Co. Ltd., Synta Canada International Enterprises Ltd., Synta Technology Corp. of Taiwan ( Filing fee $ 400, receipt number 0971-14708030.). Filed byThien Ngo, Sara Day Brewer. (Attachments: #1 Civil Cover Sheet)(Srinivasan, Kalpana) (Filed on 7/17/2020) |
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