Kaufman v. Celestron Acquisition, LLC et al
| James Kaufman, Keith Uehara and Sigurd Murphy |
| Olivon Manufacturing Co. Ltd., Nantong Schmidt Optoelectrical Technology Co. Ltd., Synta Technology Corp. of Taiwan, Pacific Telescope Corp., Ningbo Sunny Electronic Co. Ltd., Celestron Acquisition, LLC, Suzhou Synta Optical Technology Co., Ltd., Sky-Watcher Canada, SW Technology Corp., Synta Canada International Enterprises Ltd., Olivon USA, LLC and SW Technology Corporation |
| 5:2020cv05285 |
| July 31, 2020 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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Filing 26
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 25 Transcript of Proceedings held on 9-3-20, before Judge Edward J. Davila. Court Reporter Lee-Anne Shortridge, telephone number e-mail: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (90 in 5:20-cv-03639-EJD) Transcript Order ) Release of Transcript Restriction set for 12/16/2020. (lasS, COURT STAFF) (Filed on 9/17/2020) |
| Filing 24 Minute Entry for proceedings held before Judge Edward J. Davila: Initial Case Management Conference held on 9/3/2020 via Zoom Webinar Remotely. Motions to appoint lead plaintiff's counsel hearing has been advanced to 9/17/2020 at 9:00 AM. The Court intends to hear from the Parties and issue an order prior to any further proceedings in these consolidated/related actions. Plaintiff Attorney: Matthew Borden,Ronald Fisher,Aaron Sheanin,Kellie Lerner,Adam Mendel,Lin Chan,Eric Fastiff,Adam Zapala,Elizabeth Castillo,Michael Gervais,Kalpana Srinivasan. Defendant Attorney: Christopher Frost. Total Time in Court:10:50-11:13am(23 Mins.) 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: 9/3/2020) |
| Filing 23 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 9/3/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. This proceeding will be held via a Zoom webinar.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 couns el 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 9/1/2020 at 12:00 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 Initial Case Management Conference set for 9/3/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 8/27/2020) |
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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 Summons Reissued as to All Defendants. (cv, COURT STAFF) (Filed on 8/17/2020) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options to Discuss with Judge at CM Conference (Sheanin, Aaron) (Filed on 8/17/2020) |
| Filing 18 Proposed Summons. (Sheanin, Aaron) (Filed on 8/17/2020) |
| Filing 17 STIPULATION WITH PROPOSED ORDER REGARDING CONSOLIDATION AND CASE MANAGEMENT filed by Sigurd Murphy, Keith Uehara. (Zapala, Adam) (Filed on 8/14/2020) |
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Filing 16
ORDER Granting #15 Application for Admission of Attorney Pro Hac Vice for Kellie C. Lerner, Counsel for Plaintiff. Signed by Judge Edward J. Davila on 8/13/2020. (amkS, COURT STAFF) (Filed on 8/13/2020)
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| Filing 15 MOTION for leave to appear in Pro Hac Vice for Kellie C. Lerner ( Filing fee $ 310, receipt number 0971-14811458.) filed by James Kaufman. (Sheanin, Aaron) (Filed on 8/13/2020) |
| Filing 14 Summons Returned Unexecuted by James Kaufman as to Nantong Schmidt Optoelectrical Technology Co. Ltd., Ningbo Sunny Electronic Co. Ltd., Olivon Manufacturing Co. Ltd., Olivon USA, LLC, Pacific Telescope Corp., Sky-Watcher Canada, Suzhou Synta Optical Technology Co., Ltd., Synta Canada International Enterprises Ltd., Synta Technology Corp. of Taiwan. (Sheanin, Aaron) (Filed on 8/12/2020) |
| Filing 13 (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 8/11/2020) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings pursuant to 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. Judge Edward M. Chen no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 8/10/2020)
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Filing 11
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 8/10/2020. (ejdlc1, COURT STAFF) (Filed on 8/10/2020)
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Filing 10
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M. Chen for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 8/4/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/4/2020)
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| Filing 9 WAIVER OF SERVICE Returned Executed filed by James Kaufman. Service waived by SW Technology Corp. waiver sent on 8/3/2020, answer due 10/2/2020. (Sheanin, Aaron) (Filed on 8/4/2020) |
| Filing 8 WAIVER OF SERVICE Returned Executed filed by James Kaufman. Service waived by Celestron Acquisition, LLC waiver sent on 8/3/2020, answer due 10/2/2020. (Sheanin, Aaron) (Filed on 8/4/2020) |
| 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. (ejkS, COURT STAFF) (Filed on 8/4/2020) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James Kaufman.. (Sheanin, Aaron) (Filed on 8/4/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 10/29/2020. Initial Case Management Conference set for 11/5/2020 11:00 AM in San Francisco, Courtroom B, 15th Floor. (arkS, COURT STAFF) (Filed on 8/3/2020) |
| Filing 4 Summons Issued as to Celestron Acquisition, LLC, Nantong Schmidt Optoelectrical Technology Co. Ltd., Ningbo Sunny Electronic Co. Ltd., Olivon Manufacturing Co. Ltd., Olivon USA, LLC, Pacific Telescope Corp., SW Technology Corp., Sky-Watcher Canada, Suzhou Synta Optical Technology Co., Ltd., Synta Canada International Enterprises Ltd., Synta Technology Corp. of Taiwan. (arkS, COURT STAFF) (Filed on 8/3/2020) |
| Filing 3 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 8/17/2020. (mbcS, COURT STAFF) (Filed on 8/3/2020) |
| Filing 2 Proposed Summons. (Sheanin, Aaron) (Filed on 7/31/2020) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14760079.). Filed byJames Kaufman. (Attachments: #1 Civil Cover Sheet)(Sheanin, Aaron) (Filed on 7/31/2020) |
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