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

Filing 23

NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Yelp! Inc.. Motion set for hearing on 5/3/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Memorandum Defendant's Memorandum of Law ISO Motion to Dismiss Plaintiffs' First Amended Complaint, # 2 Proposed Order [Proposed] Order)(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. Case No. CV 10-01340 VBF(SSx) DEFENDANT YELP! INC.'S NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT Hearing Date: May 3, 2010 Hearing Time: 1:30 p.m. Judge: Hon. Valerie Baker Fairbank

DEF. YELP'S NOT. OF MOTION AND MOTION
TO DISMISS FIRST AMENDED COMPLAINT

CASE NO. CV 10-01340 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

NOTICE OF MOTION AND MOTION TO DISMISS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS MATTER: PLEASE TAKE NOTICE that on May 3, 2010 at 1:30 p.m., or as soon thereafter as the matter may be heard, pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Yelp! Inc. ("Yelp") will and hereby does move this Court, the Honorable Valerie Baker Fairbank presiding, for an order dismissing with prejudice the First Amended Complaint filed by Plaintiffs in the above-captioned action. This motion is based on this Notice, the accompanying memorandum of points and authorities, on all other pleadings and papers on file in the abovecaptioned action, and on such oral and documentary evidence and argument as may be presented at the time of hearing. This motion is made following the conference of counsel pursuant to Civil Local Rule 7-3. Yelp's counsel contacted Plaintiffs' counsel at both The Weston Firm and Beck & Lee Business Trial Lawyers via telephone on March 26, 2010 and left voicemail messages at both firms to confer regarding this motion. Having not heard back from Plaintiffs' counsel, Yelp's counsel again contacted Plaintiffs' counsel, via e-mail message, on the morning of March 30, 2010. Yelp's counsel and Plaintiffs' counsel conferred via telephone on March 30, 2010. Dated: April 1, 2010 COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) MATTHEW D. BROWN (196972) BENJAMIN KLEINE (257225) SARAH R. BOOT (253658) /s/ Matthew D. Brown Matthew D. Brown (196972) Attorneys for Defendant YELP! INC.

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DEF. YELP'S NOT. OF MOTION AND MOTION
TO DISMISS FIRST AMENDED COMPLAINT

CASE NO. CV 10-01340 VBF (SSX)