Levitt v. Yelp! Inc.

Filing 53

Proposed Order re #51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES by Yelp! Inc.. (Beringer, Susan) (Filed on 10/22/2010)

Levitt v. Yelp! Inc.

Doc. 53

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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 [PROPOSED] ORDER GRANTING DEFENDANT YELP! INC.'S 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

ORDER GRANTING 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

Defendant Yelp! Inc.'s ("Yelp") Motion to Dismiss Plaintiffs' First Amended Class Action Complaint and Motion to Strike Class Action Allegations was heard on November 29, 2010 at 2:00 p.m. by this Court. Having considered all papers filed in support of and in opposition to the Motions, oral arguments of counsel, and all other pleadings and papers on file herein, the Court finds as follows: 1. Plaintiffs lack standing under Article III of the United States Constitution or the

California Unfair Competition ("UCL") and False Advertising ("FAL") laws to pursue their claims. 2. Plaintiffs have failed to plead their claims against Yelp with the level of specificity

required by Rule 9(b) of the Federal Rules of Civil Procedure. 3. Plaintiffs have failed to state a legally sufficient claim against Yelp for violations of

the UCL or FAL or for Intentional Interference with Prospective Business Advantage. 4. Plaintiffs have failed to plead an ascertainable or manageable class as required by Rule

23 of the Federal Rules of Civil Procedure and have failed to allege specific commonality and typicality among the proposed class members. Good cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. Yelp's Motion to Dismiss Plaintiffs' First Amended Complaint is GRANTED; 2. Yelps' Motion to Strike Plaintiffs' Class Action Allegations is GRANTED; and 3. All claims for relief against Yelp are hereby DISMISSED with prejudice without leave to amend.

Dated: ___________________________, 2010

_________________________________ The Honorable Marilyn H. Patel United States District Judge

ORDER GRANTING YELP'S MOTION TO DISMISS AND TO STRIKE

CASE NO. CV 10-01321 MHP CASE NO. CV 10-02351 MHP