Levitt v. Yelp! Inc.

Filing 79

Declaration of S. ASHLIE BERINGER in Support of #77 MOTION to Dismiss Third Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations; Memorandum of Points and Authorities filed byYelp! Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #77 ) (Wright, Susannah) (Filed on 7/22/2011)

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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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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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,
v.
YELP! INC.; and DOES 1 through 100,
inclusive,

CLASS ACTION
DECLARATION OF S. ASHLIE
BERINGER IN SUPPORT OF
DEFENDANT YELP! INC.’S NOTICE OF
MOTION AND 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

Defendants.

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Gibson, Dunn &
Crutcher LLP

Case No. CV 10-01321 EMC
Consolidated with CV 10-02351 EMC

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF
DEFENDANT YELP’S MOTION TO DISMISS AND TO STRIKE

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

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I, S. Ashlie Beringer, declare as follows:

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1.

I am a partner at Gibson, Dunn and Crutcher LLP and lead counsel for Defendant

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Yelp! Inc. (“Yelp”) in this litigation. I make this declaration based upon my personal knowledge of

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the facts stated herein.

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2.

Attached as Exhibit 1 is a true and correct copy of the “About Us” page from Yelp’s

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website, http://www.yelp.com/about, which is referenced in Plaintiffs’ Third Amended Complaint at

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paragraphs 2, 3, 5 and footnote 1.

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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’ Third Amended Complaint at
paragraphs 3 and 5.
4.

Attached as Exhibit 3 is a true and correct copy of the “Advertising on Yelp” page

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from Yelp’s website, http://www.yelp.com/business/advertising, which is referenced in Plaintiffs’

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Third Amended Complaint at paragraph 5.

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5.

Attached as Exhibit 4 is a true and correct copy of the “Terms of Service” from Yelp’s

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website, http://www.yelp.com/static?p=tos&country=US, which is referenced in Plaintiffs’ Third

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Amended Complaint at paragraphs 6, 34, 40, and footnote 5. The “Terms of Service” are also

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incorporated by Plaintiffs into their definition of “Review Terms,” (see TAC ¶ 6) which is referenced

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throughout the Third Amended Complaint, including at paragraphs 7, 10, 66, 67, 95, 96, 98, 101,

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105, 113, 117, 134, and 142.

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6.

Attached as Exhibit 5 is a true and correct copy of the. “Content Guidelines” page

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from Yelp’s website, http://www.yelp.com/guidelines, which is referenced in Plaintiffs’ Third

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Amended Complaint at paragraphs 6 and footnote 5. The “Content Guidelines” are also incorporated

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by Plaintiffs into their definition of “Review Terms,” (see TAC ¶ 6) which is referenced throughout

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the Third Amended Complaint, including at paragraphs 7, 10, 66, 67, 95, 96, 98, 101, 105, 113, 117,

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134 and 142.

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7.

Attached as Exhibit 6 is a true and correct copy of a red-lined comparison of the Third

Amended Complaint to the Second Amended Compliant.

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF
DEFENDANT YELP’S MOTION TO DISMISS AND TO STRIKE

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

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I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct.
Executed on July 22, 2011 at Palo Alto, California

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________/s/_S. Ashlie Beringer____
S. Ashlie Beringer

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101119538.1

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF
DEFENDANT YELP’S MOTION TO DISMISS AND TO STRIKE

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