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

Filing 25

NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of California, San Francisco Division filed by Defendant Yelp! Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Memorandum Memorandum of Points & Authorities, # 2 Declaration Declaration of Bryan Byrne, # 3 Exhibit Exh A to Byrne Declaration, # 4 Exhibit Exh B to Byrne Declaration, # 5 Exhibit Exh C to Byrne Declaration, # 6 Exhibit Exh D to Byrne Declaration, # 7 Exhibit Exh E to Byrne Declaration, # 8 Exhibit Exh F to Byrne Declaration, # 9 Declaration Declaration of Matthew D. Brown, # 10 Exhibit Exh A to Brown Declaration, # 11 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. CHRISTINE LaPAUSKY d/b/a D'AMES DAY SPA, on behalf of herself and all others similarly situated, v. YELP! INC., Defendant.
1.
DEFENDANT YELP'S NOT. OF MOTION AND MOTION TO TRANSFER VENUE CASE NOS. CV 10-01340 & 10-01578 VBF (SSX)

Case No. CV 10-01340 VBF(SSx) DEFENDANT YELP! INC.'S NOTICE OF MOTION AND MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) Motion Date: May 10, 2010 Motion Time: 1:30 p.m. Judge: Hon. Valerie Baker Fairbank Case No. CV 10-01578 VBF (SSx)

Plaintiffs,

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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 TRANSFER VENUE TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS MATTER: PLEASE TAKE NOTICE that on May 10, 2010 at 1:30 p.m., or as soon thereafter as the matter may be heard, pursuant to 28 U.S.C. § 1404(a), Defendant Yelp! Inc. ("Yelp") will and hereby does move this Court, the Honorable Valerie Baker Fairbank presiding, for an order transferring venue of this matter to the United States District Court for the Northern District of California, San Francisco Division. This Motion to Transfer Venue is based on this Notice, the accompanying memorandum of points and authorities, the Declaration of Bryan Byrne (with all exhibits thereto), the Declaration of Matthew D. Brown (with all exhibits thereto), all other pleadings and papers on file in this action, and such oral and documentary evidence and argument as may be presented at the time of any hearing. This motion is made following the conference of counsel pursuant to Civil Local Rule 7-3. Yelp's counsel contacted counsel in the LaPausky case, Ronald Marron, by telephone on March 26, 2010 and conferred regarding this motion. Yelp's counsel contacted counsel in the Cats and Dogs case at both The Weston Firm and Beck & Lee Business Trial Lawyers by telephone on March 26, 2010 and left voicemail messages at both firms to confer regarding this motion. Yelp's counsel again contacted Plaintiffs' counsel, via e-mail message, on March 30, 2010, and Yelp's counsel and Plaintiffs' counsel conferred by telephone on March 30, 2010.

2.

DEFENDANT YELP'S NOT. OF MOTION AND MOTION TO TRANSFER VENUE CASE NOS. CV 10-01340 & 10-01578 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

Dated:

April 9, 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.

843492 v1/HN

3.

DEFENDANT YELP'S NOT. OF MOTION AND MOTION TO TRANSFER VENUE CASE NOS. CV 10-01340 & 10-01578 VBF (SSX)