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

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 [PROPOSED] ORDER GRANTING 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.

1.

[PROPOSED] ORDER GRANTING 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

This Court, having considered Defendant Yelp! Inc.'s ("Yelp") Motion to Consolidate Cases for All Purposes and to Set Dates for Consolidated Amended Complaint and Response Thereto ("Yelp's Motion"), and being of the opinion that good cause has been shown, IT IS HEREBY ORDERED that Yelp's Motion is GRANTED as follows: 1. The following two cases shall be consolidated for all purposes: Boris Y. Levitt, on

behalf of himself and all others similarly situated v. Yelp! Inc.; and Does 1 through 100, inclusive, No. CV 10-01321 MHP (originally filed in Cal. Super. Ct. on March 12, 2010) (hereinafter Levitt); and Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., No. CV 1002351 MHP (originally filed in C.D. Cal. on Feb. 23, 2010, with case number CV 10-01340VBF-SS) (hereinafter Cats and Dogs). 2. Plaintiffs in both Levitt and Cats and Dogs shall file and serve a single,

consolidated and superseding amended complaint within 30 days after entry of this order. 3. Yelp is relieved of the obligation of filing a response (answer, motion to dismiss,

or other response) to the individual complaints in both Levitt and Cats and Dogs, and Yelp shall instead file a response (answer, motion to dismiss, or other response) to the consolidated amended complaint within 30 days after it is filed. IT IS SO ORDERED.

Dated: _____________, 2010 The Honorable Marilyn Hall Patel United States District Court Judge

2.

[PROPOSED] ORDER GRANTING YELP'S MOTION TO CONSOLIDATE CASE NOS. CV 10-01321 MHP & 02351 MHP