Spectrum Scientifics, LLC v. Celestron Acquisition, LLC

I. BACKGROUND

1 Discovery in this putative antitrust class action has been a lengthy and arduous journey, 2 with both parties engaging in needless inappropriate and uncooperative conduct resulting in 3 numerous discovery disputes before the Court. The facts giving rise to these motions are 4 regrettably exemplary of this conduct. 5 Defendants Celestron Acquisition, LLC; David Shen; Suzhou Synta Optical Technology 6 Co., Ltd.; Nantong Schmidt Opto-Electrical Technology Co. Ltd.; Synta Technology Corp.; SW 7 Technology Corporation; Synta Canada International Enterprises Ltd.; Olivon Manufacturing Co. 8 Ltd.; Joe Lupica; Dave Anderson; Olivon USA; and Pacific Telescope Corp. (collectively 9 “Moving Defendants”) move for terminating sanctions and to strike Plaintiff’s opposition to 10 Defendants’ motion following the deposition of Maline Fish, the co-owner of the now-defunct 11 company, Radio City, LLC (“Radio City”), the sole Named Plaintiff in this action. See Third Am. 12 Compl. (“TAC”), ECF No. 188. According to the Moving Defendants, Ms. Fish admitted that she 13 destroyed evidence in December 2022 during her deposition on February 1, 2023. See Mot. for 14 Terminating…