Levitt v. Yelp! Inc.

Filing 13

MOTION to Consolidate Cases filed by Yelp! Inc.. Motion Hearing set for 7/19/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: #1 Declaration of M. Brown, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Brown, Matthew) (Filed on 6/9/2010)

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COOLEY LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

COOLEY LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) BENJAMIN H. KLEINE (257225) ([e-mail]) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Fax: [phone] Attorneys for Defendant YELP! INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BORIS Y. LEVITT, on behalf of himself and all others similarly situated, Plaintiff, v. YELP! INC.; and DOES 1 through 100, inclusive, Defendants.

No. CV 10-01321 MHP DECLARATION OF MATTHEW D. BROWN IN SUPPORT OF DEFENDANT YELP! INC.'S MOTION TO CONSOLIDATE CASES FOR ALL PURPOSES AND TO SET DATES FOR CONSOLIDATED AMENDED COMPLAINT AND RESPONSE THERETO Courtroom: 15 Judge: Honorable Marilyn Hall Patel Trial Date: None Set No. CV 10-02351 MHP

CATS AND DOGS ANIMAL HOSPITAL, INC.,et al., on behalf of itself and all others similarly situated, Plaintiffs, v. YELP! INC., Defendant.

I, Matthew D. Brown, hereby declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and am a

partner with the firm of Cooley LLP, counsel of record for Defendant Yelp! Inc. ("Yelp") in the

1.

DECL. OF M. BROWN ISO YELP'S MOTION TO CONSOLIDATE CASE NOS. CV 10-01321 MHP & 02351 MHP

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COOLEY LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

above-entitled actions. I have personal knowledge of the facts set forth herein, except where otherwise stated, and, if called as a witness, I could and would competently testify thereto. 2. After this Court issued its order relating Cats and Dogs Animal Hospital, Inc., et

al. v. Yelp! Inc. ("Cats and Dogs"), Case No. CV 10-02351 MHP, with Boris Y. Levitt v. Yelp! Inc. ("Levitt"), Case No. CV 10-01321 MHP, on June 4, 2010, I met and conferred with opposing counsel in both actions, seeking their stipulation to this motion to consolidate ("Yelp's Motion"). 3. Plaintiff in Levitt has stipulated to Yelp's Motion and all of the relief requested

therein. Attached hereto as Exhibit A is a true and correct copy of the Stipulation of Plaintiff Boris Y. Levitt and Defendant Yelp! Inc. in support of Yelp's Motion. 4. Before the Central District transferred Cats and Dogs to the Northern District,

Plaintiffs in Cats and Dogs agreed to the consolidation of Cats and Dogs with LaPausky d/b/a D'Ames Day Spa v. Yelp! Inc., Case No. CV 10-01578 (C.D. Cal.) ("LaPausky"), a related action that was pending in the Central District but has since been voluntarily dismissed. Attached hereto as Exhibit B is a true and correct copy of the Cats and Dogs Plaintiffs' Statement of NonOpposition to Yelp's Motion to Consolidate Cats and Dogs with LaPausky, wherein Cats and Dogs Plaintiffs agreed with consolidation but disagreed with Yelp's proposed method for effectuating consolidation. 5. During my June 4th meet-and-confer with counsel for Plaintiffs in Cats and Dogs,

counsel stated that Plaintiffs in Cats and Dogs oppose consolidation and the filing of a consolidated amended complaint. Instead, counsel stated that Plaintiffs intended to file an

administrative motion requesting that this Court stay the Levitt action and allow the Cats and Dogs action to go forward. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 9th day of June 2010 at San Francisco, California. ___/s/ Matthew D. Brown__ Matthew D. Brown

2.

DECL. OF M. BROWN ISO YELP'S MOTION TO CONSOLIDATE CASE NOS. CV 10-01321 MHP & 02351 MHP