Levitt v. Yelp! Inc.

Filing 93

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #92 Notice of Appeal. (Attachments: #1 docket sheet)(slh, COURT STAFF) (Filed on 11/4/2011)

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CAND-ECF Page 1 of 15 ADRMOP, APPEAL, CLOSED, CONSOL, E-Filing, PRVADR U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:10-cv-01321-EMC Internal Use Only Levitt v. Yelp! Inc. Assigned to: Hon. Edward M. Chen Member case: 3:10-cv-02351-EMC Case in other court: San Francisco County Superior Court, CGC 10497777 Cause: 28:1441 Petition for Removal Date Filed: 03/29/2010 Date Terminated: 10/26/2011 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Plaintiff Boris Y. Levitt on behalf of himself and all others similarly situated doing business as Renaissance Restoration also known as Renaissance Furniture Restoration represented by Amelia D Winchester Ongaro Burtt LLP 595 Market Street #610 San Francisco, CA 94105 415-433-3900 Email: awinchester@ongaroburtt.com ATTORNEY TO BE NOTICED David Raymond Ongaro Ongaro Burtt LLP 595 Market Street Suite 610 San Francisco, CA 94105 415-433-3901 Fax: 415-433-3950 Email: dongaro@ongaroburtt.com ATTORNEY TO BE NOTICED Lawrence Dale Murray Murray & Associates 1781 Union Street San Francisco, CA 94123 415-673-0555 Fax: 415-928-4084 Email: daydrmn@aol.com ATTORNEY TO BE NOTICED Robert Close Strickland Murray and Associates 1781 Union Street San Francisco, CA 94123 415-673-0555 Email: robertcstrickland@gmail.com ATTORNEY TO BE NOTICED Plaintiff Cats and Dogs Animal Hospital, Inc. represented by John Joseph Fitzgerald , IV 2811 Sykes Ct. Santa Clara, CA 95051 408-459-0305 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 2 of 15 Email: jack@westonfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Tracy Chan on behalf of herself and all others similarly situated doing business as Marina Dental Care represented by Amelia D Winchester (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Lawrence Dale Murray (See above for address) ATTORNEY TO BE NOTICED Robert Close Strickland (See above for address) ATTORNEY TO BE NOTICED Plaintiff Bleeding Heart, LLC on behalf of themselves and all others similarly situated doing business as Bleeding Heart Bakery represented by Amelia D Winchester (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Lawrence Dale Murray (See above for address) ATTORNEY TO BE NOTICED Robert Close Strickland (See above for address) ATTORNEY TO BE NOTICED Plaintiff Astro Appliance Service on behalf of themselves and all others similarly situated represented by Jared Harrison Beck Beck & Lee Business Trial Lawyers 66 West Flagler Street Suite 1000 Miami, FL 33130 305-789-0072 Fax: 786-664-3334 Email: jared@beckandlee.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 3 of 15 Beck & Lee Business Trial Lawyers 66 W. Flagler St. Ste. 1000 Miami, FL 33130 (305) 789-0072 Fax: 786-664-3334 Email: elizabeth@beckandlee.com ATTORNEY TO BE NOTICED Gregory Steven Weston The Weston Firm 1405 Morena Blvd. Suite 201 San Diego, CA 92110 (619) 798-2006 Fax: (480) 247-4553 Email: greg@westonfirm.com ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Celibre, Inc. on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Zodiac Restaurant Group, Inc. on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 4 of 15 Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Wag My Tail, Inc. on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff J.L. Ferri Entertainment, Inc. on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff San Francisco Bay Boat Cruises, LLC on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 5 of 15 ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff California Furnishings, Inc. on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Le Petite Retreat Day Spa, LLC on behalf of themselves and all others similarly situated represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory Steven Weston (See above for address) ATTORNEY TO BE NOTICED https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 6 of 15 David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Plaintiff Professional Construction Group, Inc. on behalf of themselves and all others similarly situated doing business as Paver Pro represented by Amelia D Winchester (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED Lawrence Dale Murray (See above for address) ATTORNEY TO BE NOTICED Robert Close Strickland (See above for address) ATTORNEY TO BE NOTICED Plaintiff John Mercurio represented by Amelia D Winchester (See above for address) ATTORNEY TO BE NOTICED David Raymond Ongaro (See above for address) ATTORNEY TO BE NOTICED V. Defendant Yelp! Inc. represented by Ashlie Beringer Gibson Dunn & Crutcher LLP 1881 Page Mill Road Palo Alto, CA 94304 650-849-5219 Fax: 650-849-5333 Email: aberinger@gibsondunn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Aaron Schur Yelp! Inc. 706 Mission Street 8th Floor San Francisco, CA 94105 415-908-3801 Email: aschur@yelp.com ATTORNEY TO BE NOTICED Benjamin Hansel Kleine Cooley LLP 101 California Street 5th Fl San Francisco, CA 94111 415-693-2000 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 7 of 15 Fax: 415-693-2222 Email: bkleine@cooley.com TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED Gail E. Lees Gibson Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071 213 229-7000 Email: glees@gibsondunn.com ATTORNEY TO BE NOTICED Matthew Dean Brown Cooley LLP 101 California St. Flr 5 San Francisco, CA 94111-5800 (415) 693-2000 Fax: 415-693-2222 Email: mbrown@cooley.com TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED Michael Graham Rhodes Cooley Godward Kronish LLP 101 California Street 5th Floor San Francisco, CA 94111-5800 (415) 693-2000 Fax: (415) 693-2222 Email: rhodesmg@cooley.com TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED Sarah Ruth Boot Cooley Godward Kronish LLP 101 California Street 5th Floor San Francisco, CA 94111-5800 (415) 693-2000 Fax: (415) 693-2222 Email: sboot@cooley.com TERMINATED: 08/24/2010 ATTORNEY TO BE NOTICED Susannah Stroud Wright Gibson Dunn Crutcher LLP 1881 Page Mill Road Palo Alto, CA 94304 650-849-5300 Fax: 650-849-5333 Email: swright2@gibsondunn.com ATTORNEY TO BE NOTICED Interested Party Beck & Lee Business Trial Lawyers represented by Jared Harrison Beck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 8 of 15 V. Claimant Jennifer Battoon represented by Mark Goldowitz California Anti-Slapp Project 2903 Sacramento Street Berkeley, CA 94702 (510) 486-9123 ATTORNEY TO BE NOTICED Paul Christopher Clifford California Anti-Slapp Project 2903 Sacramento St Berkeley, CA 94702 (510) 486-9123x301 Fax: (510) 486-9708 ATTORNEY TO BE NOTICED Ryan Metheny California Anti-Slapp Project 2903 Sacramento Street Berkeley, CA 94702 (510) 486-9123x301 Fax: (510) 486-9708 ATTORNEY TO BE NOTICED Date Filed # Docket Text 03/29/2010 1 NOTICE OF REMOVAL of Action; No Process from San Francisco County Superior Court. Their case number is CGC 10-497777. (Filing fee $350.00 receipt number 34611044051). Filed by Yelp! Inc.. (Attachments: # 1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/31/2010) 03/29/2010 2 Notice of Federal Rule of Civil Procedure 7.1 Disclosure Statement and Local Rule 3-16 Certification of Interested Entities or Persons by Yelp! Inc. identifying Other Affiliate Jeremy Stoppelman, Other Affiliate Russel Simmons, Other Affiliate Geoff Donaker, Other Affiliate Max Levchin, Other Affiliate Bessemer Venture Partners, Other Affiliate Benchmark Capital, Other Affiliate DAG Ventures, Other Affiliate Elevation Partners LP, Other Affiliate Admiral Insurance Company for Yelp! Inc.. (gba, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/31/2010) 03/29/2010 3 CERTIFICATE OF SERVICE by Yelp! Inc. re 1 Notice of Removal, 2 Certificate of Interested Entities, (gba, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/31/2010) 03/29/2010 4 ADR SCHEDULING ORDER: Case Management Statement due by 7/12/2010. Case Management Conference set for 7/19/2010 04:00 PM in Courtroom 15, 18th Floor, San Francisco. (gba, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/31/2010) 03/29/2010 CASE DESIGNATED for Electronic Filing. (gba, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/31/2010) 03/31/2010 5 NOTICE by Yelp! Inc. re 1 Notice of Removal, Notice to Plaintiff of Removal of Civil Action to the United States District Court (Brown, Matthew) (Filed on 3/31/2010) (Entered: 03/31/2010) 04/07/2010 6 NOTICE by Yelp! Inc. Defendant Yelp! Inc.'s Notice of Pendency of Other Actions or Proceedings (L.R. 3-13) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brown, Matthew) (Filed on 4/7/2010) (Entered: 04/07/2010) 04/08/2010 7 STIPULATION Stipulation to Extend Time to Respond to Complaint (L.R. 6-1(a)) by Yelp! https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 9 of 15 Inc.. (Brown, Matthew) (Filed on 4/8/2010) (Entered: 04/08/2010) 05/03/2010 8 NOTICE of Appearance by David Raymond Ongaro (Ongaro, David) (Filed on 5/3/2010) (Entered: 05/03/2010) 05/03/2010 9 NOTICE of Appearance by Amelia D Winchester (Winchester, Amelia) (Filed on 5/3/2010) (Entered: 05/03/2010) 06/02/2010 10 MOTION to Relate Case filed by Yelp! Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Stipulation, # 5 Proposed Order Proposed Order)(Brown, Matthew) (Filed on 6/2/2010) (Entered: 06/02/2010) 06/04/2010 11 ORDER RELATING CASE C 10-2351 MEJ to this action; Signed by Judge Marilyn Hall Patel on 6/3/2010. (awb, COURT STAFF) (Filed on 6/4/2010) (Entered: 06/04/2010) 06/04/2010 (Court only) ***Motions terminated: 10 MOTION to Relate Case filed by Yelp! Inc.. (awb, COURT STAFF) (Filed on 6/4/2010) (Entered: 06/04/2010) 06/04/2010 12 CLERKS NOTICE: Case Management Conference reset for 8/23/2010 04:00 PM in Courtroom 15, 18th Floor, San Francisco before the Hon. Marilyn Hall Patel; Joint Case Management Statement due by 8/13/2010. (awb, COURT STAFF) (Filed on 6/4/2010) (Entered: 06/04/2010) 06/09/2010 13 MOTION to Consolidate Cases filed by Yelp! Inc.. Motion Hearing set for 7/19/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Declaration of M. Brown, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Brown, Matthew) (Filed on 6/9/2010) (Entered: 06/09/2010) 06/14/2010 14 Opposition to 13 Yelp's Motion to Consolidate Cases and Cross-Motion by Cats and Dogs Animal Hospital, Inc. (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs' Opposition to Yelp's Motion to Consolidate and Cross-Motion, # 2 Declaration of Gregory S. Weston in Support of Plaintiffs' Opposition and Cross-Motion, # 3 Declaration of Jack Fitzgerald in Support of Plaintiffs' Opposition and Cross-Motion, # 4 Declaration of Jared H. Beck in Support of Plaintiffs' Opposition and Cross-Motion, # 5 Declaration of Elizabeth Lee Beck in Support of Plaintiffs' Opposition and Cross-Motion, # 6 Proposed Order Denying Yelp's Motion to Consolidate and Granting Plaintiffs' CrossMotion, # 7 Certificate of Service)(Fitzgerald, John) (Filed on 6/14/2010) Modified on 6/15/2010 (gba, COURT STAFF). (Entered: 06/14/2010) 06/28/2010 15 Memorandum in Opposition re 13 MOTION to Consolidate Cases DEFENDANT YELP! INC.S OPPOSITION TO PLAINTIFFS CROSS-MOTION FOR: (A1) DESIGNATION OF CATS AND DOGS AS LEAD ACTION AND STAY OF LEVITT ACTION -OR, IN THE ALTERNATIVE-(A2) CONSOLIDATION OF ACTIONS, DEEMING CATS AND DOGS FIRST AMENDED COMPLAINT AS THE OPERATIVE PLEADING (B) APPOINTMENT OF THE WESTON FIRM AND BECK & LEE AS INTERIM CLASS COUNSEL; AND C) SUBMISSION OF FULLY-BRIEFED MOTION TO DISMISS FOR HEARING filed byYelp! Inc.. (Brown, Matthew) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 16 PRETRIAL MEMORANDUM PRETRIAL MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S OPPOSITION TO CATS AND DOGS CROSS-MOTION FOR DESIGNATION AS LEAD ACTION AND APPOINTMENT OF WESTON FIRM AND BECK & LEE AS INTERIM CLASS COUNSEL by Boris Y. Levitt. (Ongaro, David) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 17 Declaration in Support of 16 Pretrial Memorandum, OF DAVID R. ONGARO filed byBoris Y. Levitt. (Related document(s) 16 ) (Ongaro, David) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 18 Declaration of LAWRENCE MURRAY in Support of 17 Declaration in Support, 16 Pretrial Memorandum, filed byBoris Y. Levitt. (Attachments: # 1 Exhibit 1 THROUGH 3)(Related document(s) 17 , 16 ) (Ongaro, David) (Filed on 6/28/2010) (Entered: 06/28/2010) 06/28/2010 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ongaro, David) (Filed https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 10 of 15 on 6/28/2010) (Entered: 06/28/2010) 06/30/2010 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification By Parties and Counsel (Brown, Matthew) (Filed on 6/30/2010) (Entered: 06/30/2010) 06/30/2010 21 STIPULATION and Proposed Order selecting Early Neutral Evaluation by Yelp! Inc. Stipulation and [Proposed] Order Selecting ADR Process (Brown, Matthew) (Filed on 6/30/2010) (Entered: 06/30/2010) 07/01/2010 22 STIPULATION AND ORDER REFERRING CASE to Private ADR, to be completed within 45 days of decision on class certification; Signed by Judge Marilyn Hall Patel on 7/1/2010. (awb, COURT STAFF) (Filed on 7/1/2010) (Entered: 07/01/2010) 07/06/2010 23 Reply Memorandum re 13 MOTION to Consolidate Cases Plaintiffs' Reply Memorandum in Support of Opposition to Yelp's Motion to Consolidate and Cross-Motion filed byCats and Dogs Animal Hospital, Inc.. (Fitzgerald, John) (Filed on 7/6/2010) (Entered: 07/06/2010) 07/06/2010 24 RESPONSE in Support re 13 MOTION to Consolidate Cases filed byYelp! Inc.. (Brown, Matthew) (Filed on 7/6/2010) (Entered: 07/06/2010) 07/08/2010 25 ORDER RE CMCS AND DISCOVERY. Signed by Judge Marilyn Hall Patel on 7/8/10. (fj, COURT STAFF) (Filed on 7/8/2010) (Entered: 07/08/2010) 07/12/2010 26 MOTION FOR RELIEF FROM CIVIL LOCAL RULE 16-10(a) filed by Yelp! Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order)(Brown, Matthew) (Filed on 7/12/2010) (Entered: 07/12/2010) 07/12/2010 27 JOINT CASE MANAGEMENT STATEMENT filed by Yelp! Inc.. (Brown, Matthew) (Filed on 7/12/2010) (Entered: 07/12/2010) 07/16/2010 28 NOTICE by Boris Y. Levitt Plaintiff's Rule 26 Initial Disclosures (Winchester, Amelia) (Filed on 7/16/2010) (Entered: 07/16/2010) 07/16/2010 29 NOTICE by Yelp! Inc. Defendant Yelp! Inc.'s Notice of Pendency of Other Actions or Proceedings (Civil L.R. 3-13) (Brown, Matthew) (Filed on 7/16/2010) (Entered: 07/16/2010) 07/19/2010 30 Minute Entry: Motion Hearing held on 7/19/2010 before Hon. Marilyn Hall Patel (Date Filed: 7/19/2010) re Motions to Consolidate/Motions to Compel (Court Reporter Katherine Sullivan.) (awb, COURT STAFF) (Date Filed: 7/19/2010) (Entered: 07/19/2010) 07/20/2010 31 ORDER by Judge Marilyn Hall Patel granting (13) Motion to Consolidate Cases 3:10-cv01321-MHP; granting (64) Motion to Consolidate Cases in case 3:10-cv-02351-MHP; Supplemental discovery briefing to be submitted by 7/26/2010; See order for more details (awb, COURT STAFF) (Filed on 7/20/2010) (Entered: 07/20/2010) 07/22/2010 32 Transcript of Proceedings held on July 19, 2010, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Katherine Powell Sullivan, RPR, CRR, CSR, Telephone number 415794-6659/Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/20/2010. (Sullivan, Katherine) (Filed on 7/22/2010) (Entered: 07/22/2010) 07/26/2010 33 Statement DEFENDANT YELP! INC.S STATEMENT ON PROPOSED DISCOVERY PLAN by Yelp! Inc.. (Brown, Matthew) (Filed on 7/26/2010) (Entered: 07/26/2010) 07/26/2010 34 Statement Plaintiff Boris Y. Levitt's Discovery Plan by Boris Y. Levitt. (Ongaro, David) (Filed on 7/26/2010) (Entered: 07/26/2010) 08/16/2010 35 CLERKS NOTICE vacating 8/23/2010 Case Management Conference before the Hon. Marilyn Hall Patel (awb, COURT STAFF) (Filed on 8/16/2010) (Entered: 08/16/2010) https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 11 of 15 08/19/2010 36 NOTICE of Appearance by Susan Ashlie Beringer (Beringer, Susan) (Filed on 8/19/2010) (Entered: 08/19/2010) 08/19/2010 37 NOTICE of Substitution of Counsel by Susan Ashlie Beringer and [Proposed] Order (Beringer, Susan) (Filed on 8/19/2010) (Entered: 08/19/2010) 08/20/2010 (Court only) ***Attorney Susannah Stroud Wright,Gail E. Lees for Yelp! Inc. added. (gba, COURT STAFF) (Filed on 8/20/2010) (Entered: 08/20/2010) 08/24/2010 38 ORDER withdrawing Attorneys Benjamin Hansel Kleine, Michael G. Rhodes, Michael Graham Rhodes, Sarah Ruth Boot and Matthew Dean Brown as attorneys of record for defendant YELP!; Signed by Judge Marilyn Hall Patel on 8/23/2010. (awb, COURT STAFF) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/24/2010 39 ORDER APPOINTING ONGARO BURTT LLP LEAD COUNSEL for plaintiffs; Amended consolidated complaint to be filed within 30 days; Responsive pleadings to be filed 30 days thereafter; SEE ORDER FOR MORE DETAILS; Signed by Judge Marilyn Hall Patel on 8/24/2010. (awb, COURT STAFF) (Filed on 8/24/2010) (Entered: 08/24/2010) 09/08/2010 40 NOTICE of Appearance by Aaron Schur (Schur, Aaron) (Filed on 9/8/2010) (Entered: 09/08/2010) 09/13/2010 41 Statement Attorney's Pledge of Amelia D. Winchester by Boris Y. Levitt. (Winchester, Amelia) (Filed on 9/13/2010) (Entered: 09/13/2010) 09/13/2010 42 Statement Attorney's Pledge of David R. Ongaro by Boris Y. Levitt. (Ongaro, David) (Filed on 9/13/2010) (Entered: 09/13/2010) 09/13/2010 43 Statement Attorney's Pledge by S. Ashlie Beringer by Yelp! Inc.. (Beringer, Susan) (Filed on 9/13/2010) (Entered: 09/13/2010) 09/13/2010 44 Statement Attorney's Pledge by Gail E. Lees by Yelp! Inc.. (Lees, Gail) (Filed on 9/13/2010) (Entered: 09/13/2010) 09/13/2010 45 Statement Attorney's Pledge by Susannah S. Wright by Yelp! Inc.. (Wright, Susannah) (Filed on 9/13/2010) (Entered: 09/13/2010) 09/14/2010 46 Statement Attorney's Pledge by Aaron Schur by Yelp! Inc.. (Schur, Aaron) (Filed on 9/14/2010) (Entered: 09/14/2010) 09/17/2010 47 Statement Attorney's Pledge for Lawrence D. Murray, John F. Henning III, and Robert C. Strickland by Boris Y. Levitt. (Murray, Lawrence) (Filed on 9/17/2010) (Entered: 09/17/2010) 09/23/2010 48 FIRST AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT FOR: (1) VIOLATION OF BUSINESS & PROFESSIONS CODE Section 17200; (2) VIOLATION OF BUSINESS & PROFESSIONS CODE Section 17500; (3) INTENTIONAL INTERFERENCE WITH PROSPECTIVE BUSINESS ADVANTAGE against Yelp! Inc.. Filed by Boris Y. Levitt, Cats and Dogs Animal Hospital, Inc.. (Ongaro, David) (Filed on 9/23/2010) Modified on 9/27/2010 (gba, COURT STAFF). (Entered: 09/23/2010) 09/23/2010 49 NOTICE by Beck & Lee Business Trial Lawyers OF FILING ATTORNEYS PLEDGES OF JARED H. BECK AND ELIZABETH LEE BECK (Beck, Jared) (Filed on 9/23/2010) (Entered: 09/23/2010) 09/27/2010 (Court only) ***Party Tracy Chan and Bleeding Heart, LLC added. (gba, COURT STAFF) (Filed on 9/27/2010) (Entered: 09/27/2010) 09/28/2010 (Court only) ***Party Astro Appliance Service, Celibre, Inc., Zodiac Restaurant Group, Inc., Wag My Tail, Inc., J.L. Ferri Entertainment, Inc., San Francisco Bay Boat Cruises, LLC, California Furnishings, Inc. and Le Petite Retreat Day Spa, LLC added. (gba, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010) 10/20/2010 NOTICE of Lien Under Code of Civil Procedure Section 708.410 by Jennifer Battoon (gba, https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 12 of 15 50 COURT STAFF) (Filed on 10/20/2010) (Entered: 10/22/2010) 10/22/2010 51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Yelp! Inc.. Motion Hearing set for 11/29/2010 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Beringer, Susan) (Filed on 10/22/2010) (Entered: 10/22/2010) 10/22/2010 52 Declaration of S. ASHLIE BERINGER in Support of 51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES filed byYelp! Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 51 ) (Beringer, Susan) (Filed on 10/22/2010) (Entered: 10/22/2010) 10/22/2010 53 Proposed Order re 51 MOTION to Dismiss FIRST AMENDED CLASS ACTION COMPLAINT AND TO STRIKE CLASS ACTION ALLEGATIONS; MEMORANDUM OF POINTS AND AUTHORITIES by Yelp! Inc.. (Beringer, Susan) (Filed on 10/22/2010) (Entered: 10/22/2010) 10/25/2010 ***Deadlines terminated. Release of Transcript Restriction date of 10/20/2010 Date Terminated 32 Transcript. (gba, COURT STAFF) (Filed on 10/25/2010) (Entered: 10/25/2010) 11/03/2010 54 STIPULATION and [Proposed] Order Modifying Briefing Schedule and Hearing Date for Defendant's Motion to Dismiss by Boris Y. Levitt. (Winchester, Amelia) (Filed on 11/3/2010) (Entered: 11/03/2010) 11/04/2010 55 STIPULATION AND ORDER amending briefing schedules: Oppositions due 12/7/2010; Replies due 12/21/2010; Motion Hearing reset for 1/31/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco before the Honorable Marilyn Hall Patel; Signed by Judge Marilyn Hall Patel on 11/4/2010. (awb, COURT STAFF) (Filed on 11/4/2010) (Entered: 11/04/2010) 11/18/2010 56 STIPULATION AND [PROPOSED] ORDER ALLOWING PLAINTIFFS TO FILE A SECOND AMENDED AND CONSOLIDATED COMPLAINT by Boris Y. Levitt. (Attachments: # 1 Exhibit SECOND AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF BUSINESS & PROFESSIONS CODE SECTION 17200)(Ongaro, David) (Filed on 11/18/2010) (Entered: 11/18/2010) 11/19/2010 57 STIPULATION AND ORDER for leave to file 2nd Amended Complaint; Signed by Judge Marilyn Hall Patel on 11/19/2010. (awb, COURT STAFF) (Filed on 11/19/2010) (Entered: 11/19/2010) 11/22/2010 58 SECOND AMENDED AND CONSOLIDATED CLASS ACTION COMPLAINT FOR VIOLATION OF BUSINESS & PROFESSIONS CODE SECTION 17200 against Yelp! Inc.. Filed by Boris Y. Levitt. (Ongaro, David) (Filed on 11/22/2010) Modified on 11/23/2010 (gba, COURT STAFF). (Entered: 11/22/2010) 12/17/2010 59 MOTION to Dismiss SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS; MEMO OF POINTS & AUTHORITIES filed by Yelp! Inc.. Motion Hearing set for 2/7/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Marilyn H. Patel. (Beringer, Susan) (Filed on 12/17/2010) (Entered: 12/17/2010) 12/17/2010 60 Declaration of S. ASHLIE BERINGER IN SUPPORT OF 59 YELP'S MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS filed by Yelp! Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Beringer, Susan) (Filed on 12/17/2010) Modified on 12/21/2010 (gba, COURT STAFF). (Entered: 12/17/2010) 12/17/2010 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) (Entered: 12/17/2010) https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 13 of 15 01/07/2011 62 Memorandum in Opposition to 59 Motion to Dismiss Second Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations filed by Boris Y. Levitt. (Ongaro, David) (Filed on 1/7/2011) Modified on 1/10/2011 (gba, COURT STAFF). (Entered: 01/07/2011) 01/21/2011 63 Reply to Opposition re 59 MOTION to Dismiss SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS; MEMO OF POINTS & AUTHORITIES filed byYelp! Inc.. (Beringer, Susan) (Filed on 1/21/2011) (Entered: 01/21/2011) 01/21/2011 64 Declaration of S. Ashlie Beringer in Support of 59 MOTION to Dismiss SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS; MEMO OF POINTS & AUTHORITIES filed byYelp! Inc.. (Attachments: # 1 Exhibit Terms of Service, # 2 Exhibit Content Guidelines)(Related document(s) 59 ) (Beringer, Susan) (Filed on 1/21/2011) (Entered: 01/21/2011) 02/07/2011 65 STIPULATION and [Proposed] Order Rescheduling Hearing On Yelp! Inc.'s Motion to Dismiss Second Amended Class Actioin Complaint and to Dismiss or Strike Class Action Allegations by Yelp! Inc.. (Wright, Susannah) (Filed on 2/7/2011) (Entered: 02/07/2011) 02/07/2011 66 STIPULATION AND ORDER RESETTING Hearing on 59 MOTION to Dismiss SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS; MEMO OF POINTS & AUTHORITIES to 3/7/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Marilyn H. Patel; Signed by Judge Marilyn Hall Patel on 2/7/2011. (awb, COURT STAFF) (Filed on 2/7/2011) (Entered: 02/07/2011) 02/08/2011 ***Deadlines terminated***. Motion Hearing date of 01/31/2011 Date Terminated 55 Stipulation and Order, Set Hearings. (gba, COURT STAFF) (Filed on 2/8/2011) (Entered: 02/08/2011) 02/22/2011 67 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED CLASS ACTION COMPLAINT AND TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS filed byYelp! Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 59 , 63 ) (Wright, Susannah) (Filed on 2/22/2011) (Entered: 02/22/2011) 03/07/2011 68 Minute Entry: Motion Hearing held on 3/7/2011 before Marilyn H. Patel (Date Filed: 3/7/2011) re 59 MOTION to Dismiss SECOND AMENDED CLASS ACTION COMPLAINT & TO DISMISS OR STRIKE CLASS ACTION ALLEGATIONS filed by Yelp! Inc.. (Court Reporter Kathy Wyatt.) (tlS, COURT STAFF) (Date Filed: 3/7/2011) (Entered: 03/07/2011) 03/17/2011 69 Transcript of Proceedings held on 3-7-11, before Judge Marilyn Hall Patel. Court Reporter/Transcriber Katherine Wyatt, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/15/2011. (kpw, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011) 03/22/2011 70 MEMORANDUM AND ORDER by Judge Marilyn Hall Patel: Defendant's motion to dismiss is GRANTED without prejudice. Any further amended complaint shall be filed within thirty (30) days of this order. Defendant shall file its answer within thirty (30) days of the filing of the amended complaint. (awb, COURT STAFF) (Filed on 3/22/2011) (Entered: 03/22/2011) 04/15/2011 71 STIPULATION Stipulation and [Proposed] Order Modifying Deadlines by Boris Y. Levitt. (Ongaro, David) (Filed on 4/15/2011) (Entered: 04/15/2011) 04/18/2011 72 STIPULATION AND ORDER MODIFYING DEADLINES; Signed by Judge Marilyn Hall https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 14 of 15 Patel on 4/18/2011. (awb, COURT STAFF) (Filed on 4/18/2011) (Entered: 04/18/2011) 05/23/2011 73 ***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT NO. 74***AMENDED COMPLAINT Third Amended and Consolidated Class Action Complaint for 1) Violation of Business & Professions Code Section 17200; 2) Civil Extortion; and 3) Attempted Civil Extortion against Yelp! Inc.. Filed byProfessional Construction Group, Inc., Bleeding Heart, LLC, Le Petite Retreat Day Spa, LLC, Cats and Dogs Animal Hospital, Inc., Wag My Tail, Inc., California Furnishings, Inc., J.L. Ferri Entertainment, Inc., San Francisco Bay Boat Cruises, LLC, Astro Appliance Service, Boris Y. Levitt, Celibre, Inc., Tracy Chan, Zodiac Restaurant Group, Inc.. (Ongaro, David) (Filed on 5/23/2011) Modified on 5/24/2011 (gba, COURT STAFF). (Entered: 05/23/2011) 05/23/2011 74 Third Amended and Consolidated Class Action Complaint For 1) Violation of Business and Professions Code Section 17200; 2) Civil Extortion; and 3) Attempted Civil Extortion. NOTE: THIS DOCUMENT REPLACES DOCUMENT NO. 73 WHICH WAS FILED IN ERROR. against Yelp! Inc.. Filed byBoris Y. Levitt. (Ongaro, David) (Filed on 5/23/2011) Modified on 5/24/2011 (gba, COURT STAFF). (Entered: 05/23/2011) 05/24/2011 (Court only) ***Party John Mercurio added. (gba, COURT STAFF) (Filed on 5/24/2011) (Entered: 05/24/2011) 06/06/2011 75 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward M. Chen for all further proceedings. Judge Hon. Marilyn H. Patel no longer assigned to the case. Signed by Judge Edward M. Chen on 6/6/11. (gba, COURT STAFF) (Filed on 6/6/2011) (Entered: 06/06/2011) 06/21/2011 76 JOINT CASE MANAGEMENT STATEMENT filed by Yelp! Inc.. (Wright, Susannah) (Filed on 6/21/2011) (Entered: 06/21/2011) 07/22/2011 77 MOTION to Dismiss Third Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations; Memorandum of Points and Authorities filed by Yelp! Inc.. Motion Hearing set for 9/9/2011 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 8/19/2011. Replies due by 8/26/2011. (Wright, Susannah) (Filed on 7/22/2011) (Entered: 07/22/2011) 07/22/2011 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) (Entered: 07/22/2011) 07/22/2011 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) (Entered: 07/22/2011) 07/22/2011 80 Declaration of IAN MACBEAN 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, # 7 Exhibit 7, # 8 Exhibit 8)(Related document(s) 77 ) (Wright, Susannah) (Filed on 7/22/2011) (Entered: 07/22/2011) 07/26/2011 81 Letter from Plaintiffs and Defendants Joint Letter Brief Regarding Plaintiffs' Discovery Demand. (Ongaro, David) (Filed on 7/26/2011) (Entered: 07/26/2011) 08/01/2011 82 ORDER re 81 Letter filed by Boris Y. Levitt. Plaintiffs' request is denied. Signed by Judge Edward M. Chen on 8/1/11. (bpf, COURT STAFF) (Filed on 8/1/2011) (Entered: 08/01/2011) 08/10/2011 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 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011 CAND-ECF Page 15 of 15 Yelp! Inc.. (Wright, Susannah) (Filed on 8/10/2011) (Entered: 08/10/2011) 08/11/2011 84 STIPULATION AND ORDER RESETTING re 77 MOTION to Dismiss Third Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations; Memorandum of Points and Authorities filed by Yelp! Inc., 83 Stipulation, filed by Yelp! Inc. Motion Hearing set for 10/14/2011 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 8/11/11. (bpf, COURT STAFF) (Filed on 8/11/2011) (Entered: 08/11/2011) 09/02/2011 85 RESPONSE (re 77 MOTION to Dismiss Third Amended Class Action Complaint and to Dismiss or Strike Class Action Allegations; Memorandum of Points and Authorities ) filed byBoris Y. Levitt. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Ongaro, David) (Filed on 9/2/2011) (Entered: 09/02/2011) 09/30/2011 86 REPLY (re 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.. (Beringer, Susan) (Filed on 9/30/2011) (Entered: 09/30/2011) 09/30/2011 87 RESPONSE to re 85 Opposition/Response to Motion, Yelp's Response to Plaintiffs' Evidentiary Objections by Yelp! Inc.. (Beringer, Susan) (Filed on 9/30/2011) (Entered: 09/30/2011) 10/14/2011 88 Minute Entry: Motion Hearing held on 10/14/2011 before Edward M. Chen. Motion to Dismiss is taken under submission. (Court Reporter: Margo Gurule) (tmi, COURT STAFF) (Date Filed: 10/14/2011) (Entered: 10/14/2011) 10/26/2011 89 ORDER by Judge Edward M. Chen Granting 77 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 10/26/2011) (Entered: 10/26/2011) 10/26/2011 90 JUDGMENT. Signed by Deputy Clerk Betty Lee on 10/26/11. (bpf, COURT STAFF) (Filed on 10/26/2011) (Entered: 10/26/2011) 10/26/2011 (Court only) ***Civil Case Terminated. (slh, COURT STAFF) (Filed on 10/26/2011) (Entered: 10/27/2011) 11/01/2011 91 Transcript of Proceedings held on 10/14/11, before Judge EDWARD M. CHEN. Court Reporter/Transcriber Margaret "Margo" Gurule, Telephone number 415-504-4204 or margolargo@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/30/2012. (mng, COURT STAFF) (Filed on 11/1/2011) (Entered: 11/01/2011) 11/03/2011 92 NOTICE OF APPEAL as to 90 Judgment, 89 Order on Motion to Dismiss by Cats and Dogs Animal Hospital, Inc., Tracy Chan, Boris Y. Levitt, John Mercurio. Filing fee $ 455; Receipt No. 34611066564. (slh, COURT STAFF) (Filed on 11/3/2011) (Entered: 11/04/2011) https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117698841660254-L_942_0-1 11/4/2011

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