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

Filing 16

EX PARTE APPLICATION to Reassign Case No. 2:10-cv-01578 to the Hon. Valerie Baker Fairbank, EX PARTE APPLICATION to Consolidate Cases, as to No. 2:10-cv-01578,, EX PARTE APPLICATION for Appointment of Counsel for the Classes filed by plaintiff Cats and Dogs Animal Hospital, Inc.. (Attachments: # 1 Proposed Order on Plaintiffs' ex parte motion, # 2 Declaration of Gregory S. Weston, # 3 Exhibit A-E to Declaration of Gregory S. Weston, # 4 Declaration of Jack Fitzgerald, # 5 Declaration of Jared H. Beck, # 6 Declaration of Elizabeth Lee Beck)(Weston, Gregory)

1 2 3 4 5 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No: 2:10-cv-01340-VBF-SS Pleading Type: Class Action [PROPOSED] ORDER REASSIGNING AND CONSOLIDATING RELATED ACTION AND APPOINTING INTERIM CLASS COUNSEL. Judge: The Hon. Valerie Baker Fairbank Action Filed: February 23, 2010

6 CATS AND DOGS ANIMAL HOSPITAL, 7 INC.; ASTRO APPLIANCE SERVICE; BLEEDING HEART, LLC d/b/a 8 BLEEDING HEART BAKERY; 9 CALIFORNIA FURNISHINGS, INC. d/b/a SOFA OUTLET; CELIBRÉ, INC.; J.L. 10 FERRI ENTERTAINMENT, INC. d/b/a 11 ADULT SOCIALS; LE PETITE RETREAT DAY SPA, LLC; SAN 12 FRANCISCO BAY BOAT CRUISES, 13 LLC d/b/a MERMAIDS CRUISE; WAG MY TAIL, INC.; and ZODIAC 14 RESTAURANT GROUP, INC. d/b/a 15 SCION RESTAURANT, on behalf of themselves and all others similarly situated, 16 Plaintiffs, 17 v. 18 19 YELP! INC., Defendant. 20 21 22 23 24 25 26 27

Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS EX PARTE MOTION FOR REASSIGNMENT, CONSOLIDATION, DESIGNATION OF LEAD CASE, AND APPOINTMENT OF INTERIM CLASS COUNSEL.

1 The Court has considered the Plaintiffs' Ex Parte Motion, and for good cause 2 appearing therefore, the Motion is GRANTED and the Court hereby, Pursuant to 3 Federal Rule of Civil Procedure 23(g)(2)(a), 42(a) and C.D.Cal. L.R. 83-1.3 the 4 Court ORDERS as follows: 5 6 1. Consolidation. The cases Cats and Dogs Animal Hospital Inc. et al v. Yelp! Inc., 7 No 10-cv-1340 and Christine LaPausky v. Yelp! Inc. No. 10-cv-1578 are, until 8 further order, consolidated for pretrial purposes. 9 10 2. Appointment of Interim Class Counsel. The Weston Firm and Beck & Lee 11 Business Trial Lawyers are appointed interim class counsel over the consolidated 12 action and any subsequent related action filed in the Central District of California. 13 14 3. Later Filed Cases. The terms of this order, including pretrial consolidation, shall 15 apply automatically to actions later instituted in, removed to, or transferred to this 16 court (including cases transferred for pretrial purposes under 28 U.S.C. § 1407) 17 involving substantially similar claims against Yelp! Inc. Interim class counsel shall 18 promptly file a notice of related case complying with C.D.Cal.L.R. 83-1.3 and 19 proposed order consolidating any subsequent action involving substantially similar 20 claims against Yelp! Inc upon learning of any such action. 21 IT IS SO ORDERED 22 23 24 25 Dated:____________________ 26 27 ______________________________ The Hon. Valerie Baker Fairbank United States District Judge
1 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS CERTIFICATION AND NOTICE OF INTERESTED PARTIES (LOCAL RULE 7.1-1)

1 DATED: March 15, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Respectfully Submitted,

/s/ Gregory S. Weston Gregory S. Weston THE WESTON FIRM Gregory S. Weston Jack Fitzgerald 888 Turquoise Street San Diego, CA 92109 Telephone: [phone] Facsimile: [phone] BECK & LEE BUSINESS TRIAL LAWYERS Jared H. Beck Elizabeth Lee Beck Courthouse Plaza Building 28 West Flagler Street, Suite 555 Miami, FL 33130 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Proposed Classes

2 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS CERTIFICATION AND NOTICE OF INTERESTED PARTIES (LOCAL RULE 7.1-1)