Levitt v. Yelp! Inc.

Filing 83

STIPULATION re #77 MOTION to Dismiss Third Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations; Memorandum of Points and Authorities STIPULATION AND PROPOSED ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE FOR YELP! INC.'S MOTION TO DISMISS THIRD AMENDED CLASS ACTION COMPLAINT AND TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS by Yelp! Inc.. (Wright, Susannah) (Filed on 8/10/2011)

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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,
Plaintiffs,

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

Case No. CV 10-01321 EMC
Consolidated with CV 10-02351 EMC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER MODIFYING BRIEFING
SCHEDULE AND HEARING DATE FOR
YELP! INC.’S MOTION TO DISMISS
THIRD AMENDED CLASS ACTION
COMPLAINT AND TO DISMISS OR
STRIKE CLASS ACTION ALLEGATIONS

Defendants.

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND PROPOSED ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE ON YELP’S MOTION TO
DISMISS AND TO STRIKE
CASE NO. CV 10-01321 EMC/CASE NO. CV 10-02351 EMC

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WHEREAS, on July 22, 2011, Yelp! Inc. (“Yelp”) filed a Motion to Dismiss Plaintiffs’ Third

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Amended Class Action Complaint and Motion to Strike Class Action Allegations (“Motion to Dismiss”)

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in the above-entitled matter;
WHEREAS, the hearing for Yelp’s Motion to Dismiss is currently set for September 9, 2011,

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with the deadlines for the opposition and reply briefs scheduled for August 19, 2011 and August 26,

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2011, respectively;
WHEREAS, due to a travel conflict, Plaintiffs’ counsel is unavailable to attend the hearing on

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the noticed hearing date;
WHEREAS, the parties have met and conferred and agree that October 14, 2011 is the first

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mutually acceptable hearing date available on the Court’s calendar;
THEREFORE, it is hereby stipulated and agreed to by and between the parties, through their

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counsel of record, that the deadline for Plaintiffs to file an opposition brief to Yelp’s Motion to

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Dismiss shall be September 2, 2011 and the deadline for Yelp to file a reply brief shall be September

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30, 2011. Yelp’s Motion to Dismiss shall be heard on October 14, 2011 or as soon thereafter as is

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convenient with the Court’s calendar

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DATED: August 10, 2011

GIBSON, DUNN & CRUTCHER LLP
By:

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Attorneys for Defendant Yelp! Inc.

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DATED: August 10, 2011

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ONGARO BURTT & LOUDERBACK LLP
By:

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/s/ Susannah S. Wright
Susannah S. Wright

/s/ Amelia D. Winchester
Amelia D. Winchester

Attorneys for Plaintiffs Boris Y. Levitt et al.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Gibson, Dunn &
Crutcher LLP

Dated:

_________________________________
The Honorable Edward M. Chen
United States District Judge

STIPULATION AND PROPOSED ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE ON YELP’S MOTION TO
DISMISS AND TO STRIKE
CASE NO. CV 10-01321 EMC/CASE NO. CV 10-02351 EMC

ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Susannah S. Wright, attest that concurrence in the filing of this Stipulation and [Proposed]
Order has been obtained from each of the other signatories.

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DATED: August 10, 2011

GIBSON, DUNN & CRUTCHER LLP
By:

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/s/ Susannah S. Wright
Susannah S. Wright

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101130512.1

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND PROPOSED ORDER MODIFYING BRIEFING SCHEDULE AND HEARING DATE ON YELP’S MOTION TO
DISMISS AND TO STRIKE
CASE NO. CV 10-01321 EMC/CASE NO. CV 10-02351 EMC