Levitt v. Yelp! Inc.

Filing 60

Declaration of S. ASHLIE BERINGER IN SUPPORT OF #59 YELP'S MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS filed by Yelp! Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beringer, Susan) (Filed on 12/17/2010) Modified on 12/21/2010 (gba, COURT STAFF).

Levitt v. Yelp! Inc.

Doc. 60

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
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 D/B/A RENAISSANCE RESTORATION, CATS AND DOGS ANIMAL HOSPITAL, INC., TRACY CHAN D/B/A MARINA DENTAL CARE and PROFESSIONAL CONSTRUCTION GROUP, INC. D/B/A PAVER PRO; 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 SECOND AMENDED CLASS ACTION COMPLAINT, AND TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS Date: February 7, 2011 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

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
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' Second Amended Complaint at paragraphs 2, 3, and 5. 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' Second Amended Complaint at paragraphs 3 and 5. 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' Second Amended Complaint at paragraph 5. 5. On December 14, 2010, I participated in a meet and confer telephone conference with

Amelia Winchester, 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. 6. I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct. Executed on December 17, 2010 at Palo Alto, California ______________s/________________________ S. Ashlie Beringer

100992188_1.DOC

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