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

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. Case No. CV 10-01340 VBF(SSx) [PROPOSED] ORDER GRANTING DEFENDANT YELP INC.'S EX PARTE APPLICATION TO CONSOLIDATE RELATED CASES FOR ALL PURPOSES AND TO SET DATES FOR CONSOLIDATED AMENDED COMPLAINT, RESPONSIVE PLEADING, AND JOINT SCHEDULING CONFERENCE Judge: Hon. Valerie Baker Fairbank CHRISTINE LaPAUSKY d/b/a D'AMES DAY SPA, on behalf of herself and all others similarly situated, v. YELP! INC., Defendant. Plaintiffs, Case No. CV 10-01578 VBF (SSx)

1.

[PROPOSED] ORDER GRANTING 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

This Court, having considered Defendant Yelp! Inc.'s ("Yelp") Ex Parte Application to Consolidate Related Cases For All Purposes And To Set Dates For Consolidated Amended Complaint, Responsive Pleading, And Joint Scheduling Conference ("Yelp's Ex Parte Application"), and being of the opinion that good cause has been shown, IT IS HEREBY ORDERED that Yelp's Ex Parte Application is GRANTED as follows: 1. Pending the resolution of Yelp's Ex Parte Application, Yelp is relieved of any obligation it would otherwise have to respond to the complaints currently on file in Case Nos. CV 10-01340 VBF (SSx) and CV 1001578 VBF (SSx). 2. 3. 4. Case Nos. CV 10-01340 VBF (SSx) and CV 10-01578 VBF (SSx) are consolidated for all purposes. Plaintiffs shall file a consolidated and superseding amended complaint 30 days after the entry of this Order. Yelp is relieved of its obligation to file separate responsive pleadings to the complaints currently on file in each case and instead Yelp shall file a single responsive pleading to the consolidated amended complaint 30 days after it is filed. 5. The Scheduling Conference currently set for April 26, 2010 at 8:30 a.m. shall be taken off calendar and the Parties are relieved of their obligations in connection with the April 26 Scheduling Conference, including preparation of the Joint Rule 26(f) Report currently due April 12. 6. The joint Scheduling Conference shall be scheduled for a new date, at least 30 days after Yelp files its responsive pleading(s).

2.

[PROPOSED] ORDER GRANTING 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

IT IS SO ORDERED. Dated: _____________, 2010 The Honorable Valerie Baker Fairbank United States District Court Judge

3.

[PROPOSED] ORDER GRANTING DEF. YELP'S EX PARTE APPLICATION CASE NOS. CV 10-01340 & 01578 VBF (SSX)