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] 5 [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)

11

13 Counsel for Plaintiffs and the Proposed Class 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA Case No.: 2:10-cv-01340 VBF SS Pleading Type: Class Action DECLARATION OF GREGORY S. WESTON IN SUPPORT OF PLAINTIFFS' 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, INC., et al., on behalf of 17 themselves and all others similarly 18 situated, Plaintiffs, 19 v. 20 YELP! INC., 21 22 23 24 25 26 27 28 Defendant.

DECLARATION OF GREGORY S. WESTON IN SUPPORT OF PLAINTIFFS' 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

1 I, Gregory S. Weston, declare: 2 1. I am an attorney licensed to practice before the courts of the state of 3 California and admitted to practice before the United States District Court for the 4 Central District of California. My firm represents Plaintiffs and the Proposed 5 Classes in the above-captioned matter. 6 2. On April 20, 2010 notice of this ex parte Application was given to 7 Matthew Brown, counsel for Defendant, who indicated Defendant opposed the 8 application. 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 DECLARATION OF GREGORY S. WESTON IN SUPPORT OF PLAINTIFFS' 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

3.

The proposed surreply is attached hereto as Exhibit A.

I declare under the penalty of perjury under the laws of the United States of Executed on April 21, 2010 in San Diego, California. s/Gregory S. Weston Gregory S. Weston

12 America that the foregoing is true and correct.

1 DATED: April 21, 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 28

Respectfully Submitted, /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 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 Plaintiffs and the Proposed Class

2 DECLARATION OF GREGORY S. WESTON IN SUPPORT OF PLAINTIFFS' 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