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

Filing 54

REPLY reply in support of motion MOTION to Transfer Case to Northern District of California, San Francisco Division 25 Defendant Yelp! Inc.s Reply in Support of Motion to Transfer Venue (28 U.S.C. § 1404(a)) filed by Defendant Yelp! Inc.. (Attachments: # 1 Declaration Decl of Matthew D. Brown, # 2 Declaration Decl of Matthew Tai; exh. A & exh. B, # 3 Declaration Decl of Marla Landa)(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 LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) BENJAMIN KLEINE (257225) ([e-mail]) SARAH R. BOOT (253658) ([e-mail]) NEHA M. MARATHE (252304) ([e-mail]) 101 California Street 5th Floor San Francisco, CA 94111-5800 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. Plaintiffs, Case No. CV 10-01340 VBF(SSx) DECLARATION OF MATTHEW D. BROWN IN SUPPORT OF DEFENDANT YELP! INC.'S REPLY IN SUPPORT OF 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)

1.

DECL. OF MATTHEW D. BROWN I/S/O YELP'S REPLY I/S/O 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

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 LLP, attorneys of record for defendant Yelp! Inc. ("Yelp"). I have personal knowledge of the facts set forth herein, and, if called as a witness, I could and would competently testify thereto. 2. On April 26, 2010, I had a telephone conversation with Lawrence D. Murray, counsel for the plaintiff in the case captioned Boris Y. Levitt v. Yelp! Inc., No. CGC-10-497777. The Levitt case is pending in the U.S. District Court for the Northern District of California before the Honorable Marilyn Hall Patel. 3. I had previously informed Mr. Murray that Yelp was moving to transfer the two cases pending in the Central District of California (Cats and Dogs and LaPausky) to the Northern District of California. 4. On our April 26th call, Mr. Murray said that if the Cats and Dogs and LaPausky cases are transferred to the Northern District, Plaintiff Levitt will stipulate to having all three cases consolidated there. I declare under penalty of perjury that the foregoing is true and correct. Executed on the 26th day of April, 2010 at San Francisco, California.

/s/ Matthew D. Brown Matthew D. Brown

2.

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