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)

1 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 28
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.
DECL. OF MATTHEW D. BROWN I/S/O DEF. YELP'S MOTION TO TRANSFER VENUE CASE NOS. CV 10-01340 & 10-01578 VBF (SSX)

Case No. CV 10-01340 VBF(SSx) DECLARATION OF MATTHEW D. BROWN IN SUPPORT OF DEFENDANT YELP INC.'S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) Hearing Date: May 10, 2010 Hearing Time: 1:30 p.m. Judge: Hon. Valerie Baker Fairbank Case No. CV 10-01578 VBF (SSx)

Plaintiffs,

1 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 28
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 licensed to practice law in the State of California and a member of the bar of this Court. I am a partner with the firm of Cooley Godward Kronish LLP, attorneys of record for defendant Yelp! Inc. ("Yelp"). Except as otherwise stated, I have personal knowledge of the facts set forth herein, and, if called as a witness, I could and would competently testify thereto. 2. The action entitled Boris Levitt v. Yelp! Inc., Case No. C 10-01321 MHP ("Levitt"), is pending in the United States District Court for the Northern District of California, San Francisco Division. The case has been assigned to the Honorable Marilyn Hall Patel. 3. Levitt was originally filed in the Superior Court of the State of California, County of San Francisco, on March 12, 2010, and was entitled Boris Y. Levitt, on behalf of himself and all other similarly situated v. Yelp! Inc.; and Does 1 through 100, inclusive, Case No. CGC-10-497777. Attached hereto as Exhibit A is a true and correct copy of the March 12, 2010 complaint. 4. Yelp removed Levitt to the United States District Court for the Northern District of California pursuant to 28 U.S.C. § 1453(b) on March 29, 2010. I declare under penalty of perjury that the foregoing is true and correct. Executed on the 9th day of April, 2010 at San Francisco, California.

/s/ Matthew D. Brown Matthew D. Brown

846055 v1/HN

2.

DECL. OF MATTHEW D. BROWN I/S/O DEF. YELP'S MOTION TO TRANSFER VENUE CASE NOS. CV 10-01340 & 10-01578 VBF (SSX)