Levitt v. Yelp! Inc.
Filing
78
Proposed Order GRANTING YELP'S MOTION TO DISMISS THIRD AMENDED CLASS ACTION COMPLAINT AND TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS by Yelp! Inc.. (Wright, Susannah) (Filed on 7/22/2011)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
GIBSON, DUNN & CRUTCHER LLP
GAIL LEES, SBN 90363
glees@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071-3197
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
S. ASHLIE BERINGER, SBN 263977
SUSANNAH WRIGHT, SBN 264473
aberinger@gibsondunn.com
swright2@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304-1211
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
YELP! INC.
AARON SCHUR, SBN 229566
aschur@yelp.com
706 Mission Street
San Francisco, California 94103
Telephone: (415) 908-3801
Facsimile: (415) 908-3833
Attorneys for Defendants
YELP! INC.
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN FRANCISCO DIVISION
18
19
20
21
22
BORIS Y. LEVITT D/B/A RENAISSANCE
RESTORATION, CATS AND DOGS ANIMAL
HOSPITAL, INC., TRACY CHAN D/B/A
MARINA DENTAL CARE and JOHN
MERCURIO D/B/A WHEEL TECHNIQUES;
on behalf of themselves and all others similarly
situated,
Plaintiff,
23
24
25
26
v.
YELP! INC.; and DOES 1 through 100,
inclusive,
Defendants.
27
Case No. CV 10-01321 EMC
Consolidated with CV 10-02351 EMC
CLASS ACTION
[PROPOSED] ORDER GRANTING
DEFENDANT YELP! INC.’S MOTION TO
DISMISS THIRD AMENDED CLASS
ACTION COMPLAINT AND TO DISMISS
OR STRIKE CLASS ACTION
ALLEGATIONS
Date: September 9, 2011
Time: 1:30 p.m.
Place: Courtroom 5, 17th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Edward M. Chen
28
29
Gibson, Dunn &
Crutcher LLP
30
31
ORDER GRANTING YELP’S MOTION TO DISMISS AND TO STRIKE
CASE NO. CV 10-01321 EMC
CASE NO. CV 10-02351 EMC
1
Defendant Yelp! Inc.’s (“Yelp”) Motion to Dismiss Plaintiffs’ Third Amended Class Action
2
Complaint and Motion to Strike Class Action Allegations was heard on September 9, 2011 at 1:30
3
p.m. by this Court. Having considered all papers filed in support of and in opposition to the Motions,
4
oral arguments of counsel, and all other pleadings and papers on file herein, the Court finds as
5
follows:
6
1.
7
the UCL.
8
2.
9
10
11
12
Plaintiffs have failed to state a legally sufficient claim against Yelp for violations of
Plaintiffs have failed to state a legally sufficient claim against Yelp for civil extortion
or attempted civil extortion.
3.
Plaintiffs lack standing under Article III of the United States Constitution to pursue
their claims.
4.
Plaintiffs have failed to plead an ascertainable or manageable class as required by Rule
13
23 of the Federal Rules of Civil Procedure and have failed to allege specific commonality and
14
typicality among the proposed class members.
15
Good cause appearing therefor, IT IS HEREBY ORDERED THAT:
16
1. Yelp’s Motion to Dismiss Plaintiffs’ Third Amended Complaint is GRANTED;
17
2. Yelps’ Motion to Dismiss or Strike Plaintiffs’ Class Action Allegations is GRANTED;
18
19
20
and
3. All claims for relief against Yelp are hereby DISMISSED with prejudice without leave to
amend.
21
22
23
Dated: ___________________________, 2011
24
_________________________________
The Honorable Edward M. Chen
United States District Judge
25
26
27
Proposed Order on Motion to Dismiss.doc
28
29
Gibson, Dunn &
Crutcher LLP
30
31
ORDER GRANTING YELP’S MOTION TO DISMISS AND TO STRIKE
CASE NO. CV 10-01321 EMC
CASE NO. CV 10-02351 EMC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?