Levitt v. Yelp! Inc.

Filing 54

STIPULATION and [Proposed] Order Modifying Briefing Schedule and Hearing Date for Defendant's Motion to Dismiss by Boris Y. Levitt. (Winchester, Amelia) (Filed on 11/3/2010)

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DAVID R. ONGARO, State Bar No. 154698 AMELIA D. WINCHESTER, State Bar No. 257928 ONGARO BURTT & LOUDERBACK LLP 595 Market St., Suite 610 San Francisco, CA 94105 Tel: [phone] Fax: [phone] LAWRENCE D. MURRAY, State Bar No. 77536 ROBERT C. STRICKLAND, State Bar No. 243757 MURRAY & ASSOCIATES 1781 Union Street San Francisco, CA 94123 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs Boris Y. Levitt et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 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, Plaintiffs, v. YELP! INC.; and DOES 1 through 100, inclusive, Defendants. Case No. CV 10-01321 MHP Consolidated with CV 3:10-cv-02351MHP STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT'S MOTION TO DISMISS

STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE Case No. CV 10-01321 MHP

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WHEREAS, on September 23, 2010, Plaintiffs filed a First Amended and Consolidated Complaint ("FAC") in the above-entitled matter; WHEREAS, on October 22, 2010, Defendant filed a motion to dismiss Plaintiffs' FAC; WHEREAS, the hearing for Defendant's motion to dismiss is currently set for November 29, 2010, with the deadlines for the opposition and reply briefs scheduled for November 8, 2010 and November 15, 2010, respectively; WHEREAS, due to a travel conflict and a hearing scheduled in another matter, Defense counsel is unavailable to attend the hearing on the noticed hearing date; WHEREAS, the parties also are in the process of meeting and conferring regarding the possibility of stipulating to allow Plaintiffs to file a Second Amended Complaint and agree that delaying the briefing schedule for Defendant's motion to dismiss will allow the parties additional time to confer about this issue; WHEREAS, the first available hearing date on the Court's calendar when counsel for both parties will be available is January 31, 2011; THEREFORE, it is hereby stipulated and agreed to by and between the parties, through their counsel of record, that the deadline for Plaintiffs to file an opposition brief to Defendant's Motion to Dismiss shall be December 7, 2010 and the deadline for Defendant to file a reply brief shall be December 21, 2010. Defendant's Motion to Dismiss shall be heard on January 31, 2011 or as soon thereafter as is convenient with the Court's calendar

DATED: November 3, 2010

ONGARO BURTT & LOUDERBACK LLP By: /s/ Amelia D. Winchester Amelia D. Winchester

Attorneys for Plaintiffs Boris Y. Levitt et al.

STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE Case No. CV 10-01321 MHP

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DATED: November 3, 2010

GIBSON DUNN & CRUTCHER LLP By: /s/ Susannah Wright Susannah Stroud Wright

Attorneys for Defendant Yelp! Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

By:

United States District Judge

STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE Case No. CV 10-01321 MHP

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Amelia D. Winchester, attest that concurrence in the filing of this Stipulation and [Proposed] Order has been obtained from each of the other signatories.

DATED: November 3, 2010

By:

/s/ Amelia D. Winchester Amelia D. Winchester

STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE Case No. CV 10-01321 MHP

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