Spectrum Scientifics, LLC v. Celestron Acquisition, LLC

I. BACKGROUND

1 Plaintiffs bring this putative class action on behalf of themselves and a proposed class of 2 plaintiffs who directly purchased telescopes (“direct purchaser plaintiffs” or “DPPs”) 3 manufactured or sold by Defendants between 2005 and the time of class notice. FAC ¶ 143. 4 Plaintiffs filed their fourth amended complaint on September 1, 2023, adding three new class 5 representatives after the Court dismissed the former class representative, Radio City, due to its 6 spoilation of evidence. See FAC; Order Granting in Part and Den. In Part Mot. for Terminating 7 Sanctions (“Sanctions Order”), ECF No. 486. 8 The three new class representatives are Pioneer, Steele, and Aurora Astro. Pioneer is a 9 bicycle shop that sells a small collection of telescopes in a retail store in Minnesota. FAC ¶ 13. 10 Pioneer alleges that it bought telescopes manufactured by Defendants from approximately winter 11 of 2018 through spring of 2020 and suffers from low margins on telescope sales because of 12 supracompetitive prices set by Defendants. Id. Pioneer is owned and operated by Denise Wolens, 13 who is the daughter of Radio City’s owner. Wolens Dep. 76:16-20; 80:11-14, ECF…