Levitt v. Yelp! Inc.

Filing 28

NOTICE by Boris Y. Levitt Plaintiff's Rule 26 Initial Disclosures (Winchester, Amelia) (Filed on 7/16/2010)

Download PDF
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 LAWRENCE D. MURRAY, State Bar No. 77536 ROBERT C. STRICKLAND State Bar No. 243757 MURRAY & ASSOCIATES 1781 Union Street San Francisco, CA 94123 Tel: 415 673-0555 Fax: 415 928-4084 DAVID R. ONGARO, State Bar No. 154698 AMELIA D. WINCHESTER, State Bar No. 257928 ONGARO BURTT LLP 595 Market St., Suite 610 San Francisco, CA 94105 Telephone: (415) 433-3900 Facsimile: (415) 433-3950 Attorneys for Plaintiffs BORIS LEVITT, et al. 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. Case No. CV 10-01321 MHP PLAINTIFF'S RULE 26 INITIAL DISCLOSURES PLAINTIFF'S INITIAL DISCLOSURES 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 Pursuant to Federal Rule of Civil Procedure 26(a)(1), Plaintiff Boris Y. Levitt makes the following initial disclosures. Levitt reserves the right to supplement these disclosures as discovery continues and he obtains further information. By making these disclosures, Levitt does not admit that all disclosed information is relevant or admissible as evidence at trial. Levitt submits these initial disclosures subject to the understanding that they will not limit Levitt's discovery in this Action or Levitt's right to supplement or amend these disclosures in the future. To the best of Levitt's knowledge, this disclosure is complete and correct at this time. A. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION Levitt hereby identifies the following individuals or entities who Levitt, at this time, believes are likely to have discoverable information that either Levitt or the other disclosing parties may use to support their claims and/or defenses. NAME Boris Levitt Putative Class members that have made requests to Levitt and/or his counsel to join his lawsuit. Yelp! Inc. CONTACT INFORMATION Mr. Levitt may be contacted through Plaintiff's counsel Assuming that Levitt amends his complaint to add additional class representatives, those class representatives may be contacted through Plaintiff's counsel N/A SUBJECT(S) OF INFORMATION KNOWN BY WITNESS Facts relating to Mr. Levitt's experiences with Yelp. Facts relating to the putative class members' experiences with Yelp. Information relating to the class list; Yelp's representations regarding its Review Filter; Yelp's database showing changes made to the Review Filter; Yelp's database showing changes that have been made to review pages pursuant to a) the Review Filter, b) violations of the terms of Yelp's Terms of Service or Review Guidelines, and c) if the author of the review removes the review; Yelp's internal guidelines regarding the solicitation of advertising; conduct of Yelp employees -2- PLAINTIFF'S INITIAL DISCLOSURES 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 NAME CONTACT INFORMATION SUBJECT(S) OF INFORMATION KNOWN BY WITNESS who solicited businesses for advertising; Yelp's database showing complaints and responses filed by business owners. Business owners who were solicited by Yelp for Advertising The contact information is in the possession of the Defendants Whether Defendant's manipulation of the reviews of their businesses depended on whether they purchased advertising from Yelp. B. DOCUMENTS RELEVANT TO DISPUTED FACTS The following is a description by category of documents, data compilations, and tangible things, in Levitt's possession, custody, or control that either Levitt or other disclosing parties may use to support their claims and/or defenses, including non-privileged documents, which are at this time reasonably available: 1. Documents relating to Mr. Levitt's communications with Yelp. 2. Documents relating to Yelp's removal of reviews from Mr. Levitt's Yelp review webpage. 3. Documents relating to the decrease in the number of page views of Mr. Levitt's Yelp review webpage as a result of Yelp's removal of the positive reviews of Mr. Levitt's business. 4. Documents relating to complaints that Levitt and/or his counsel have received about Yelp. 5. Documents relating to representations on Yelp's webpage. C. COMPUTATION OF DAMAGES -3PLAINTIFF'S INITIAL DISCLOSURES 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 It would be premature for Levitt to compute estimated damages that Levitt and the Class are entitled to recover. Levitt will supplement this section as discovery progresses and will make all documents in support of his computation available for Defendant's inspection and copying. D. INSURANCE AGREEMENTS At this time, Levitt is not aware of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment, which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. E. CERTIFICATION OF DISCLOSURE The undersigned hereby certifies that, to the best of her knowledge, information, and belief, formed after an inquiry that is reasonable under the circumstances, this disclosure is complete and correct as of the time it is made. DATED: July 16, 2010 ONGARO BURTT LLP By: /s/ Amelia D. Winchester Attorneys for Plaintiff BORIS LEVITT LAWRENCE D. MURRAY, State Bar No. 77536 ROBERT C. STRICKLAND State Bar No. 243757 MURRAY & ASSOCIATES 1781 Union Street San Francisco, CA 94123 Tel: 415 673-0555 Fax: 415 928-4084 DAVID R. ONGARO, State Bar No. 154698 AMELIA D. WINCHESTER, State Bar No. 257928 ONGARO BURTT LLP 595 Market Street, Suite 610 San Francisco, CA 94105 Telephone: (415) 433-3900 Facsimile: (415) 433-3950 -4PLAINTIFF'S INITIAL DISCLOSURES

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?