Levitt v. Yelp! Inc.

Filing 52

Declaration of S. ASHLIE BERINGER in Support of #51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES filed byYelp! Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #51 ) (Beringer, Susan) (Filed on 10/22/2010)

Levitt v. Yelp! Inc.

Doc. 52

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Gibson, Dunn & Crutcher LLP

GIBSON, DUNN & CRUTCHER LLP GAIL LEES, SBN 90363 [e-mail] 333 South Grand Avenue Los Angeles, California 90071-3197 Telephone: [phone] Facsimile: [phone] S. ASHLIE BERINGER, SBN 263977 SUSANNAH WRIGHT, SBN 264473 [e-mail] [e-mail] 1881 Page Mill Road Palo Alto, California 94304-1211 Telephone: [phone] Facsimile: [phone] YELP! INC. AARON SCHUR, SBN 229566 [e-mail] 706 Mission Street San Francisco, California 94103 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants YELP!, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BORIS Y. LEVITT, CATS AND DOGS ANIMAL HOSPITAL, INC., TRACY CHAN, and BLEEDING HEART, LLC d/b/a BLEEDING HEART BAKERY; on behalf of themselves and all others similarly situated, Plaintiff, v. YELP! INC.; and DOES 1 through 100, inclusive, Defendants. Case No. CV 10-01321 MHP Consolidated with CV 10-02351 MHP CLASS ACTION DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF DEFENDANT YELP! INC.'S NOTICE OF MOTION AND MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT, AND TO STRIKE CLASS ACTION ALLEGATIONS Date: November 29, 2010 Time: 2:00 p.m. Place: Courtroom 15, 18th Floor 450 Golden Gate Avenue San Francisco, California Judge: The Honorable Marilyn H. Patel 1
DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF DEFENDANT YELP'S MOTION TO DISMISS AND TO STRIKE CASE NO. CV 10-01321 MHP CASE NO. CV 10-02351 MHP
Dockets.Justia.com

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Gibson, Dunn & Crutcher LLP

I, S. Ashlie Beringer, declare as follows: 1. I am a partner at Gibson, Dunn and Crutcher LLP and lead counsel for Defendant

Yelp!, Inc. ("Yelp") in this litigation. I make this declaration based upon my personal knowledge of the facts stated herein. 2. Attached as Exhibit 1 is a true and correct copy of the "About Us" page from Yelp's

website, http://www.yelp.com/about, which is referenced in Plaintiffs' First Amended Complaint at paragraphs 2, 3, and 4. 3. Attached as Exhibit 2 is a true and correct copy of the "FAQ" page from Yelp's

website, http://www.yelp.com/faq, which is referenced in Plaintiffs' First Amended Complaint at paragraphs 3, 5, and 26. 4. Attached as Exhibit 3 is a true and correct copy of the "Advertising on Yelp" page

from Yelp's website, http://www.yelp.com/business/advertising, which is referenced in Plaintiffs' First Amended Complaint at paragraph 4. 5. Attached as Exhibit 4 is a true and correct copy of excerpts from the certified

transcript of the motion hearing before this Court on July 19, 2010 in the above-captioned litigation. 6. On October 20, 2010, I participated in a meet and confer telephone conference with

David Ongarro, lead counsel for Plaintiffs, to discuss the arguments that Yelp intended to make in its accompanying Motion to Dismiss and Motion to Strike. The parties were unsuccessful in resolving the issues raised in Yelp's Motions during that call. 7. During the meet and confer conference, Mr. Ongarro confirmed that the third claim

for Intentional Interference with Prospective Business Advantage in Plaintiffs' First Amended Complaint is asserted solely on behalf of the Non-Sponsor Plaintiffs and proposed Non-Sponsor subclass, notwithstanding the references in that cause of action to "Subclass (b)", which refers to the proposed Sponsor subclass. // // // 2
DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF DEFENDANT YELP'S MOTION TO DISMISS AND TO STRIKE CASE NO. CV 10-01321 MHP CASE NO. CV 10-02351 MHP

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Gibson, Dunn & Crutcher LLP

8.

I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct. Executed on: October 22, 2010 at Palo Alto, California

_________s/________ S. Ashlie Beringer

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF DEFENDANT YELP'S MOTION TO DISMISS AND TO STRIKE CASE NO. CV 10-01321 MHP CASE NO. CV 10-02351 MHP