Cats and Dogs Animal Hospital, Inc. v. Yelp! Inc.

Filing 15

EX PARTE APPLICATION to Consolidate Cases, as to 10-01578, filed by defendant Yelp! Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Ex Parte Application, # 2 Declaration Declaration of M. Brown, # 3 Exhibit Exhibits A-H to the Declaration of M. Brown, # 4 Proposed Order Proposed Order, # 5 Disclosure Statement as to Interested Parties)(Brown, Matthew)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) BENJAMIN KLEINE (257225) ([e-mail]) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] COOLEY GODWARD KRONISH LLP SARAH R. BOOT (253658) ([e-mail]) 4401 Eastgate Mall San Diego, CA 92121-1909 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant YELP! INC. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CATS AND DOGS ANIMAL HOSPITAL, INC., et al., on behalf of itself and all others similarly situated, Plaintiffs, v. YELP! INC., Defendant. CHRISTINE LaPAUSKY d/b/a D'AMES DAY SPA, on behalf of herself and all others similarly situated, v. YELP! INC., Defendant.
DECLARATION OF MATTHEW D. BROWN ISO DEF. YELP'S EX PARTE APPLICATION CASE NOS. CV 10-01340 & 01578 VBF (SSX)

Case No. CV 10-01340 VBF(SSx) DECLARATION OF MATTHEW D. BROWN IN SUPPORT OF DEFENDANT YELP! INC.'S EX PARTE APPLICATION Judge: Hon. Valerie Baker Fairbank

Case No. CV 10-01578 VBF (SSx)

Plaintiffs,

1.

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

I, Matthew D. Brown, hereby declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and am a partner with the firm of Cooley Godward Kronish LLP, counsel of record for Defendant Yelp! Inc. ("Yelp") in this action. I have personal knowledge of the facts set forth herein, except where otherwise stated, and, if called as a witness, I could and would competently testify thereto. 2. In accordance with Local Rule 7-3, I first discussed consolidation and requested a stipulation from counsel for the Cats and Dogs Plaintiffs on March 10, 2010. Plaintiffs refused to stipulate and said they opposed consolidation. I asked for a 30-day extension for Yelp's response to the Cats and Dogs complaint while the consolidation issues were sorted out. The Cats and Dogs Plaintiffs refused, and instead granted a 14-day extension. Attached hereto as Exhibit A is a true and correct copy of the Stipulation between Yelp and Cats and Dogs Plaintiffs to extend Yelp's time to respond to the initial complaint by 14 days. 3. On March 11, 2010, I conferred with counsel for the Plaintiff in LaPausky, who agreed that the cases should be consolidated and that a consolidated amended complaint should be filed thereafter. Yelp and Plaintiff in LaPausky subsequently entered a stipulation to this effect and also agreed on the other relief requested in this ex parte application. Attached hereto as Exhibit B is a true and correct copy of the Stipulation of Plaintiff Christine LaPausky and Defendant Yelp! Inc. To Consolidate Related Cases For All Purposes and to Set Dates for Consolidated Amended Complaint, Responsive Pleading, and Joint Scheduling Conference. 4. Subsequently, Plaintiff in LaPausky also granted Yelp's request for a 30-day extension for its response to the LaPausky complaint in light of the as-yetunresolved consolidation issues. Attached hereto as Exhibit C is a true and correct copy of the Stipulation between Yelp and Plaintiff LaPausky to extend Yelp's time to respond to the initial complaint by 30 days.
2.
DECLARATION OF MATTHEW D. BROWN ISO DEF. YELP'S EX PARTE APPLICATION CASE NOS. CV 10-01340 & 01578 VBF (SSX)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

5.

Pursuant to Local Rule 7-19, on March 18, 2010, I met with counsel

for Cats and Dogs Plaintiffs and informed them that Yelp intended to file both a motion to consolidate and an ex parte application seeking the above-requested relief on March 22 or 23, and that Plaintiff in LaPausky would be stipulating to the relief requested in both. In light of the agreement of the Plaintiff in LaPausky, I asked whether Cats and Dogs Plaintiffs would reconsider their refusal to stipulate to consolidation and the filing of a consolidated amended complaint. Cats and Dogs Plaintiffs stated they would consider this request. 6. On March 22, 2010, I emailed counsel for Cats and Dogs Plaintiffs, reiterated this request, and included in the text of the email the specific relief Yelp intended to seek in both the motion and the ex parte application. In accordance with Local Rule 7-19.1 and this Court's Standing Order, I informed Plaintiffs that they will have 24 hours to oppose the ex parte application and that Yelp did not intend to request a hearing. Attached hereto as Exhibit D is a true and correct copy of my March 22, 2010, 12:01 p.m. email to counsel for Cats and Dogs Plaintiffs. 7. Counsel for Cats and Dogs Plaintiffs replied via email stating his clients' agreement that the two cases should be consolidated. He also stated that, rather than filing a consolidated amended complaint, both counsel in Cats and Dogs and counsel in LaPausky favored deeming the First Amended Complaint ("FAC") in Cats and Dogs as the consolidated complaint. Counsel for Plaintiff in LaPausky, however, was not included on this email. Attached hereto as Exhibit E is a true and correct copy of the March 22, 2010, 2:13 p.m. email from counsel for Cats and Dogs Plaintiffs to me. 8. After receiving this email, I called counsel for Plaintiff in LaPausky and he told me that he had not agreed to deem the Cats and Dogs First Amended Complaint as the consolidated complaint.

3.

DECLARATION OF MATTHEW D. BROWN ISO DEF. YELP'S EX PARTE APPLICATION CASE NOS. CV 10-01340 & 01578 VBF (SSX)

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COOLEY GODWARD KRONISH LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

9.

I then replied to Cats and Dogs counsel by email. Attached hereto as

Exhibit F is a true and correct copy of my March 22, 2010, 5:34 p.m. email to counsel for Cats and Dogs Plaintiffs. 10. 11. Attached hereto as Exhibit G is a true and correct copy of the March Attached hereto as Exhibit H is a true and correct copy my March 22, 22, 2010, 7:07 p.m. email from counsel for Cats and Dogs Plaintiffs to me. 2010, 10:53 p.m. email to counsel for Cats and Dogs Plaintiffs. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Francisco, California. ____/s/ Matthew D. Brown__ Matthew D. Brown Executed this 24th day of March 2010 at San

4.

DECLARATION OF MATTHEW D. BROWN ISO DEF. YELP'S EX PARTE APPLICATION CASE NOS. CV 10-01340 & 01578 VBF (SSX)