Levitt v. Yelp! Inc.

Filing 26

MOTION FOR RELIEF FROM CIVIL LOCAL RULE 16-10(a) filed by Yelp! Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order)(Brown, Matthew) (Filed on 7/12/2010)

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Levitt v. Yelp! Inc. Doc. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) (rhodesmg@cooley.com) MATTHEW D. BROWN (196972) (brownmd@cooley.com) BENJAMIN H. KLEINE (257225) (bkleine@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Fax: (415) 693-2222 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 DEFENDANT YELP! INC.'S ADMINISTRATIVE MOTION FOR RELIEF FROM CIVIL LOCAL RULE 16-10(a) Date: Time: Judge: Trial Date: July 19, 2010 2:00 p.m. Hon. Marilyn Hall Patel Not Yet Set CATS AND DOGS ANIMAL HOSPITAL, INC., et al., on behalf of itself and all others similarly situated, Plaintiffs, v. YELP! INC., Defendant. No. CV 10-02351 MHP DEFENDANT YELP'S ADMINISTRATIVE MOTION FOR RELIEF FROM LOCAL RULE 16-10(a) CASE NOS. CV 10-01321 & 02351 MHP Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Per Civil Local Rules 7-11 and 7-12, Cooley LLP ("Cooley"), counsel for Defendant Yelp! Inc. ("Yelp"), hereby moves for relief from Civil Local Rule 16-10(a) regarding the requirement that "lead trial counsel for each party must attend the initial Case Management Conference." See L.R. 16-10(a). On July 8, 2010, this Court issued an order setting the initial Case Management Conference in the related cases of Boris Y. Levitt v. Yelp! Inc., No. CV 1001321 MHP ("Levitt") and Cats and Dogs Animal Hospital, Inc. v. Yelp! Inc., No. CV 10-02351 ("Cats and Dogs") for July 19, 2010. (Levitt, Docket No. 25, and Cats and Dogs, Docket No. 76.)1 Yelp's lead trial counsel, Michael Rhodes, is also trial counsel in another action before the United States District Court for the District of Delaware, which is entitled Leader Techs., Inc. v. Facebook, Inc., No. 1:08-cv-08-862-JJF (D. Del.) ("Leader Technologies"). (See Ex. A, Docket for Leader Techs., Docket No. 362 and May 3, 2010 Order.) Trial for the Leader Technologies matter is scheduled to begin on July 19, the same day as the Case Management Conference here. (Ex. A, Docket No. 522.) Mr. Rhodes is scheduled to attend a pretrial conference on July 16 and to participate in the trial from July 19 through its completion in Delaware. (Ex. A, Docket No. 562.) As such, Yelp and Cooley hereby move for an order excusing the attendance of Michael Rhodes and allowing Matthew D. Brown, to represent Yelp at the July 19 Case Management Conference instead. Mr. Brown is also a partner at Cooley and he has an active role in this case. Mr. Brown will be fully prepared to address all issues with authority from Yelp. Yelp has conferred with counsel for Plaintiffs and they do not object to this request. Prior to the Court's July 8, 2010 "Order re CMCs and Discovery", the case management conferences in both of the above-captioned cases were scheduled for August 23, 2010. (Levitt, Docket No. 12; and Cats and Dogs, Docket No. 63.) 1. DEFENDANT YELP'S ADMINISTRATIVE MOTION FOR RELIEF FROM LOCAL RULE 16-10(a) CASE NOS. CV 10-01321 & 02351 MHP 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Respectfully submitted, Dated: July 12, 2010 COOLEY LLP /s/ Matthew D. Brown Matthew D. Brown (196972) Attorneys for Defendant Yelp! Inc. 2. DEFENDANT YELP'S ADMINISTRATIVE MOTION FOR RELIEF FROM LOCAL RULE 16-10(a) CASE NOS. CV 10-01321 & 02351 MHP

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