Levitt v. Yelp! Inc.

Filing 61

Proposed Order GRANTING YELP'S MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS by Yelp! Inc.. (Beringer, Susan) (Filed on 12/17/2010)

Levitt v. Yelp! Inc.

Doc. 61

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

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' Second Amended Class Action Complaint and Motion to Strike Class Action Allegations was heard on February 7, 2011 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") law to pursue their claims. 2. the UCL. 3. Plaintiffs have failed to plead an ascertainable or manageable class as required by Rule Plaintiffs have failed to state a legally sufficient claim against Yelp for violations of

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' Second Amended Complaint is GRANTED; 2. Yelps' Motion to Dismiss or 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: ___________________________, 2011

_________________________________ The Honorable Marilyn H. Patel United States District Judge

100992185_1.DOC

ORDER GRANTING YELP'S MOTION TO DISMISS AND TO STRIKE

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