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)

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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

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