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

Filing 41

EX PARTE APPLICATION for Leave to file Surreply and Notice of of Supplemental Authority filed by plaintiff Cats and Dogs Animal Hospital, Inc.. (Attachments: # 1 Declaration of Gregory S. Weston in Support of Plaintiffs' Ex Parte Application for Leave to File a Surreply, # 2 Exhibit A to Declaration of Gregory S. Weston ISO Plaintiffs' Ex Parte Application for Leave to File a Surreply)(Weston, Gregory)

1 THE WESTON FIRM 2 JACK FITZGERALD (257370) 3 888 Turquoise Street
San Diego, CA 92109 4 Telephone: [phone] Facsimile: [phone] [e-mail] 6 [e-mail] GREGORY S. WESTON (239944)

7 BECK & LEE BUSINESS TRIAL LAWYERS 8 ELIZABETH LEE BECK (233742) 9 28 West Flagler Street, Suite 555 10 Telephone: [phone] Facsimile: [phone]
[e-mail] 12 [e-mail] Miami, FL 33130 JARED H. BECK (233743)

13 Attorneys for Plaintiffs and the Proposed Classes 14 15 17 18 19 20 21 22 23 24 26 27 28
Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS EX PARTE APPLICATION TO FILE SURREPLY & NOTICE OF SUPPLEMENTAL AUTHORITY

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA INC.; ASTRO APPLIANCE SERVICE; BLEEDING HEART, LLC; CALIFORNIA FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. FERRI ENTERTAINMENT, INC.; LE PETITE RETREAT DAY SPA, LLC; SAN FRANCISCO BAY BOAT CRUISES, LLC; WAG MY TAIL, INC.; and ZODIAC RESTAURANT GROUP, INC., on behalf of themselves and all others similarly situated, Plaintiffs, v. Defendant. Case No: 2:10-cv-01340-VBF-SS Pleading Type: Class Action EX PARTE APPLICATION FOR LEAVE TO FILE A BRIEF SURREPLY & NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DEFENDANT YELP! INC.'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT Hearing Date: May 3, 2010 Hearing Time: 1:30 p.m. Judge: Hon. Valerie Baker Fairbank

16 CATS AND DOGS ANIMAL HOSPITAL,

25 YELP! INC.,

1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE THAT in accordance with Central District of 3 California Local Rule 7-19, Plaintiffs hereby seek leave to file a 3-page brief 4 limited to a single but important issue: whether Walker v. Geico Gen. Ins. Co., 558 5 F.3d 1025 (9th Cir. 2009) holds, as Defendant claims, that certain plaintiffs lack 6 standing under the Unfair Competition Law. On April 20, 2010 Plaintiffs gave 7 notice of this application to counsel for Defendant, who indicated Yelp opposed 8 their application. 9 Leave is also warranted because Plaintiffs wish to give the Court notice of 10 additional binding authority on this point. On April 19, 2010, several days after 11 Plaintiffs' opposition brief was due, two decisions dealing with UCL standing were 12 issued by the California Court of Appeal, and are cited and discussed in the 13 proposed brief. 14 15 Contact Information for Counsel for Defendant: Matthew D. Brown ([e-mail]) 16 101 California Street, 5th Floor 17 San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] 19 DATED: April 21, 2010 Respectfully Submitted, 20 21 22 23 24 25 26 27 28 /s/Gregory S. Weston Gregory S. Weston THE WESTON FIRM GREGORY S. WESTON JACK FITZGERALD 888 Turquoise Street San Diego, California 92109 Telephone: [phone] Facsimile: 480 247 4553
1 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS EX PARTE APPLICATION TO FILE SURREPLY & NOTICE OF SUPPLEMENTAL AUTHORITY

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

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: 786 664 3334 Counsel for Plaintiff and the Proposed Class

2 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS EX PARTE APPLICATION TO FILE SURREPLY & NOTICE OF SUPPLEMENTAL AUTHORITY