Levitt v. Yelp! Inc.

Filing 56

STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED AND CONSOLIDATED COMPLAINT by Boris Y. Levitt. (Attachments: #1 Exhibit SECOND AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF BUSINESS & PROFESSIONS CODE SECTION 17200)(Ongaro, David) (Filed on 11/18/2010)

Levitt v. Yelp! Inc.

Doc. 56

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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 ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED AND CONSOLIDATED COMPLAINT

-1STIPULATION AND [PROPOSED] ORDER Case No. CV 10-01321 MHP

Dockets.Justia.com

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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, on November 3, 2010, the parties stipulated to a modified briefing schedule, in part, to allow the parties time to meet and confer regarding the possibility of allowing Plaintiffs to file a Second Amended Complaint ("SAC"); WHEREAS, as a result of the parties' meet and confer efforts, the parties have agreed to allow Plaintiffs to file a SAC; WHEREAS, the parties agree that, in the event Defendant files a motion to dismiss, that a modified briefing schedule is appropriate; THEREFORE, it is hereby stipulated and agreed to by and between the parties, through their counsel of record, that Plaintiffs shall file a SAC. The deadline for Defendant to file a responsive pleading or motion to dismiss shall be December 17, 2010. If Defendant files a motion to dismiss, the deadline for Plaintiffs to file an opposition brief shall be January 7, 2011 and the deadline for Defendant to file a reply brief shall be January 21, 2011. Defendant's Motion to Dismiss shall be heard on February 7, 2011 or as soon thereafter as is convenient with the Court's calendar

DATED: November 18, 2010

ONGARO BURTT & LOUDERBACK LLP By: /s/ David R. Ongaro David R. Ongaro

Attorneys for Plaintiffs Boris Y. Levitt et al. DATED: November 18, 2010 GIBSON DUNN & CRUTCHER LLP By: /s/ Susannah Stroud Wright Susannah Stroud Wright

Attorneys for Defendant Yelp! Inc. -2STIPULATION AND [PROPOSED] ORDER Case No. CV 10-01321 MHP

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

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

By:

United States District Judge

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

DATED: November 18, 2010

By:

/s/ David R. Ongaro David R. Ongaro

-4STIPULATION AND [PROPOSED] ORDER Case No. CV 10-01321 MHP