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

Filing 57

Case transferred in from District of California Central; Case Number 2:10-cv-01340. Original file certified copy of transfer order and docket sheet received.

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

Doc. 5

(SSx), CLOSED, DISCOVERY, TRANSFERRED

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:10-cv-01340-VBF-SS
Cats and Dogs Animal Hospital, Inc. v. Yelp! Inc. Assigned to: Judge Valerie Baker Fairbank Referred to: Magistrate Judge Suzanne H. Segal Related Case: 2:10-cv-01578-VBF-SS Cause: 28:1331 Fed. Question Plaintiff Cats and Dogs Animal Hospital, Inc. on behalf of itself and all others similarly situated Date Filed: 02/23/2010 Date Terminated: 05/03/2010 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

represented by Elizabeth Lee Beck Beck &Lee Business Trial Lawyers Courthouse Plaza Building 28 West Flagler Street Suite 555 Miami, FL 33130 305-789-0072 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Gregory S Weston Weston Firm 888 Turquoise Street San Diego, CA 92109 858-488-1672 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Jared H. Beck Beck &Lee Business Trial Lawyers 28 West Flagler Street Suite 555 Miami, FL 33130 305-789-0072 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED John Joseph Fitzgerald , IV The Weston Firm 888 Turquois Street San Diego, CA 92109 858-488-1672 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Plaintiff represented by

Dockets.Justia.com

Astro Appliance Service on behalf of themselves and all others similarly situated

Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald The Weston Firm 888 Turquois Street San Diego, CA 92109 858-488-1672 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Plaintiff Celibre, Inc on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED Plaintiff Zodiac Restaurant Group, Inc. on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address)

ATTORNEY TO BE NOTICED Plaintiff Wag My Tail, Inc. on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED Plaintiff J.L. Ferri Entertainment, Inc. on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED Plaintiff Bleeding Heart, LLC on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED

Plaintiff San Francisco Bay Boat Cruises, LLC on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED Plaintiff California Furnishings, Inc. on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED Plaintiff Le Petite Retreat Day Spa, LLC on behalf of themselves and all others similarly situated represented by Elizabeth Lee Beck (See above for address) ATTORNEY TO BE NOTICED Gregory S Weston (See above for address) ATTORNEY TO BE NOTICED Jared H. Beck (See above for address) ATTORNEY TO BE NOTICED John Joseph Fitzgerald (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Yelp! Inc. represented by Benjamin H Kleine Cooley Godward Kronish LLP 1001 California Street Fifth Floor San Francisco, CA 94111-5800 415-693-2000 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Matthew Dean Brown Cooley Godward Kronish LLP 101 California Street 5th Floor San Francisco, CA 94111-5800 415-693-2000 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Neha M Marathe Cooley Godward Kronish LLP Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 650-843-5000 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Sarah Ruth Boot Cooley Godward Kronish 4401 Eastgate Mall San Diego, CA 92121-1909 858-550-6081 Email: [e-mail] ATTORNEY TO BE NOTICED Michael G Rhodes Cooley Godward Kronish LLP 4401 Eastgate Mall San Diego, CA 92121 858-550-6000 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Date Filed 02/23/2010

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Docket Text CLASS ACTION COMPLAINT against Defendant Yelp! Inc. Case assigned to Judge Valerie Baker Fairbank for all further proceedings. Discovery referred to Magistrate Judge Suzanne H. Segal. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Cats and Dogs Animal Hospital, Inc. (et) Modified on 3/1/2010 (et). (ds). (Entered: 03/01/2010)

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21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Yelp! Inc. (et) (Entered: 03/01/2010) CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Cats and Dogs Animal Hospital, Inc. (et) (ds). (Entered: 03/01/2010) STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp) (Entered: 03/01/2010) PROOF OF SERVICE Executed by Plaintiff Cats and Dogs Animal Hospital, Inc., upon Defendant Yelp! Inc. served on 2/25/2010, answer due 3/18/2010. Service of the Summons and Complaint were executed upon Tracy Ng, authorized employee of Yelp!, Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Weston, Gregory) (Entered: 03/02/2010) OF SERVICE filed by plaintiff Cats and Dogs Animal Hospital, Inc., Judge's Standing Order served on 3/01/2010. (Weston, Gregory) (Entered: 03/02/2010) MINUTES IN CHAMBERS by Judge Valerie Baker Fairbank: COURT ORDER. Counsel are hereby notified that a Scheduling Conference has been set for Scheduling Conference set for 4/26/2010 at 8:30 AM. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before 4/12/2010. The title page of the report must state the date and time of the Scheduling Conference. The Court requests that a mandatory chambers copy of the report be delivered to chambers by 12:00 p.m., the following day. If counsel fail to file the required Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection form or fail to appear at the Scheduling Conference and such failure is not otherwise satisfactorily explained to the Court, the Court may take such action as it deems appropriate, such as monetary sanctions, or ultimately, dismissal or default. (jp) (Entered: 03/03/2010) NOTICE of Related Case(s) filed by Defendant Yelp! Inc.. Related Case(s): 2:10-CV-01578 R-E (Rhodes, Michael) (Entered: 03/11/2010) FIRST STIPULATION Extending Time to Answer the complaint as to Yelp! Inc. answer now due 4/1/2010, filed by Defendant Yelp! Inc..(Rhodes, Michael) (Entered: 03/12/2010) OF SERVICE filed by plaintiff Cats and Dogs Animal Hospital, Inc., of 1) First Amended Complaint and 2) Certification and Notice of Interested Parties served on 03/16/2010. (Weston, Gregory) (Entered: 03/16/2010) FIRST AMENDED COMPLAINT against Defendant Yelp! Inc. amending Complaint 1 ; filed by Plaintiffs Cats and Dogs Animal Hospital, Inc., Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc. Jury Demand. (mg) (jp). (Entered: 03/17/2010)

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CERTIFICATION AND NOTICE of Interested Parties filed by plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc. (se) (Entered: 03/17/2010) (See Notice of Clerical Error Below) NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Jared H. Beck for Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc. (Attachments: # 1 G-64) (mg) Modified on 3/23/2010 (mg). (Entered: 03/17/2010) (See Notice of Clerical Error Below) NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Elizabeth Lee Beck for Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc. (Attachments: # 1 G-64) (mg) Modified on 3/23/2010 (mg). (Entered: 03/17/2010) NOTICE OF CLERICAL ERROR: Due to clerical error, the Notices of Filing Fee Due (PHV) 12 , 13 were docketed in error as to Attorneys Elizabeth Lee Beck and Jared H. Beck. Both are licensed in the state of California. (mg) (Entered: 03/23/2010) EX PARTE APPLICATION to Consolidate Cases, as to 10-01578, filed by defendant Yelp! Inc.. (Attachments: # 1 Exhibit Exhibit 1 to Ex Parte Application, # 2 Declaration Declaration of M. Brown, # 3 Exhibit Exhibits A-H to the Declaration of M. Brown, # 4 Proposed Order Proposed Order, # 5 Disclosure Statement as to Interested Parties)(Brown, Matthew) (Entered: 03/24/2010) EX PARTE APPLICATION to Reassign Case No. 2:10-cv-01578 to the Hon. Valerie Baker Fairbank, EX PARTE APPLICATION to Consolidate Cases, as to No. 2:10-cv-01578,, EX PARTE APPLICATION for Appointment of Counsel for the Classes filed by plaintiff Cats and Dogs Animal Hospital, Inc.. (Attachments: # 1 Proposed Order on Plaintiffs' ex parte motion, # 2 Declaration of Gregory S. Weston, # 3 Exhibit A-E to Declaration of Gregory S. Weston, # 4 Declaration of Jack Fitzgerald, # 5 Declaration of Jared H. Beck, # 6 Declaration of Elizabeth Lee Beck)(Weston, Gregory) (Entered: 03/24/2010) OF SERVICE filed by plaintiff Cats and Dogs Animal Hospital, Inc., re EX PARTE APPLICATION to Reassign Case No. 2:10-cv-01578 to the Hon. Valerie Baker Fairbank EX PARTE APPLICATION to Consolidate Cases, as to No. 2:10-cv-01578, EX PARTE APPLICATION for Appointment of Counsel for the Classes 16 served on 03/24/2010. (Weston, Gregory) (Entered: 03/24/2010) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), Proof of Service (subsequent documents) 17 . The following error(s) was found: Case number is incorrect or missing.Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kbr) (Entered: 03/25/2010) PROOF OF SERVICE filed by defendant Yelp! Inc., re EX PARTE APPLICATION to Consolidate Cases, as to 10-01578, 15 served on 3/24/2010. (Brown, Matthew) (Entered: 03/25/2010) OPPOSITION to EX PARTE APPLICATION to Consolidate Cases, as to 10-01578, 15 filed by Plaintiff Cats and Dogs Animal Hospital, Inc.. (Weston, Gregory) (Entered: 03/25/2010)

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MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: DEFENDANT'S EX PARTE APPLICATION TO CONSOLIDATE RELATED CASES FOR ALL PURPOSES AND TO SET DATES FOR CONSOLIDATED AMENDED COMPLAINT, RESPONSIVE PLEADING, AND JOINT SCHEDULING CONFERENCE 15 and denying PLAINTIFFS' EX PARTE MOTION FOR REASSIGNMENT, CONSOLIDATION, DESIGNATION OF LEAD CASE, AND APPOINTMENT OF INTERIM CLASS COUNSEL 16 . (kbr) (Entered: 03/25/2010) 04/01/2010 Ï 22 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendat Yelp! Inc.. Motion set for hearing on 5/3/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Brown, Matthew) Modified on 4/12/2010 (kbr). (Entered: 04/01/2010) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Yelp! Inc.. Motion set for hearing on 5/3/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Memorandum Defendant's Memorandum of Law ISO Motion to Dismiss Plaintiffs' First Amended Complaint, # 2 Proposed Order [Proposed] Order)(Brown, Matthew) (Entered: 04/01/2010) NOTICE Defendant Yelp! Inc.'s Notice of Pendency of Other Actions or Proceedings (Civ.L.R. 83-1.4) filed by Defendant Yelp! Inc.. (Attachments: # 1 Exhibit A)(Brown, Matthew) (Entered: 04/07/2010) 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) (Entered: 04/09/2010) NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 10cv01578, filed by defendant Yelp! Inc.. Motion set for hearing on 5/10/2010 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: # 1 Declaration Brown Decl, # 2 Exhibit Exhs A-H to Brown Decl, # 3 Proposed Order Proposed Order, # 4 Cert of Service)(Brown, Matthew) (Entered: 04/12/2010) OPPOSITION to MOTION to Dismiss Case 23 filed by Plaintiff Cats and Dogs Animal Hospital, Inc.. (Weston, Gregory) (Entered: 04/12/2010) JOINT REPORT Rule 26(f) Discovery Plan (Joint Rule 26(f) Conference Report) ; estimated length of trial 10 - 14 days, filed by Defendant Yelp! Inc... (Brown, Matthew) (Entered: 04/12/2010) NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Plaintiff Cats and Dogs Animal Hospital, Inc. (Attachments: # 1 Proposed Order on Settlement Procedure Selection)(Weston, Gregory) (Entered: 04/13/2010) NOTICE OF NON-OPPOSITION to MOTION to Consolidate Cases, as to 10cv01578, 26 filed by Plaintiff Cats and Dogs Animal Hospital, Inc.. (Attachments: # 1 Proposed Order on Consolidation)(Weston, Gregory) (Entered: 04/19/2010) OPPOSITION to MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment,

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Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) 04/19/2010 Ï 32 DECLARATION of Elizabeth Lee Beck IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Attachments: # 1 Exhibit Exhibit A to Beck Decl., # 2 Exhibit Exhibit B to Beck Decl.)(Beck, Jared) (Entered: 04/19/2010) DECLARATION of Jacob Aaron Blecher IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) DECLARATION of Mary Seaton IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) DECLARATION of Yvonne Tannous IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) DECLARATION of Kevin DiCerbo IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc., Defendant Yelp! Inc.. (Beck, Jared) (Entered: 04/19/2010) DECLARATION of John Lewis IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) DECLARATION of Gregory Perrault IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT YELP! INC.S MOTION TO TRANSFER VENUE (28 U.S.C. § 1404(a)) MOTION to Transfer Case to Northern District of California, San Francisco Division 25 filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and

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Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc.. (Beck, Jared) (Entered: 04/19/2010) 04/19/2010 Ï 39 CERTIFICATE OF SERVICE filed by Plaintiffs Astro Appliance Service, Bleeding Heart, LLC, California Furnishings, Inc., Cats and Dogs Animal Hospital, Inc., Celibre, Inc, J.L. Ferri Entertainment, Inc., Le Petite Retreat Day Spa, LLC, San Francisco Bay Boat Cruises, LLC, Wag My Tail, Inc., Zodiac Restaurant Group, Inc., re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 35 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 34 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 36 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 32 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 38 , Response in Opposition to Motion, 31 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 37 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 33 served on 4/19/2010. (Beck, Jared) (Entered: 04/19/2010) REPLY In Support of MOTION to Dismiss Case 23 Defendant Yelp! Inc.'s Reply in Support of Motion to Dismiss Plaintiff's First Amended Complaint filed by Defendant Yelp! Inc.. (Brown, Matthew) (Entered: 04/19/2010) 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) (Entered: 04/21/2010) CERTIFICATE OF SERVICE filed by plaintiff Cats and Dogs Animal Hospital, Inc., re EX PARTE APPLICATION for Leave to file Surreply and Notice of of Supplemental Authority 41 served on April 21, 2010. (Weston, Gregory) (Entered: 04/21/2010) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Leave to file Surreply and Notice of of Supplemental Authority 41 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kbr) (Entered: 04/21/2010) NOTICE of Appearance filed by attorney Sarah Ruth Boot on behalf of Defendant Yelp! Inc. (Boot, Sarah) (Entered: 04/21/2010) NOTICE of Appearance filed by attorney Benjamin H Kleine on behalf of Defendant Yelp! Inc. (Kleine, Benjamin) (Entered: 04/21/2010) NOTICE of Appearance filed by attorney Neha M Marathe on behalf of Defendant Yelp! Inc. (Marathe, Neha) (Entered: 04/21/2010) NOTICE of Appearance filed by attorney Michael G Rhodes on behalf of Defendant Yelp! Inc. (Rhodes, Michael) (Entered: 04/21/2010) NOTICE of Appearance filed by attorney Matthew Dean Brown on behalf of Defendant Yelp! Inc. (Brown, Matthew) (Entered: 04/21/2010) Demand for Jury Trial filed by Defendant Yelp! Inc. (Brown, Matthew) (Entered: 04/21/2010) ORDER by Judge Valerie Baker Fairbank granting Ex Parte Application for Leave to File Brief

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Surreply and Notice of Supplemental Authority in Opposition to defendant Yelp! Inc's Motion to Dismiss Plaintiffs' First Amended Complaint 41 . Plaintiffs are directed to file their proposed Surreply &Notice of Supplemental Authority in Opposition to Yelp's Motion to Dismiss within three (3) days. (jp) (Entered: 04/22/2010) 04/22/2010 04/23/2010 Ï 51 Ï 52 REPLY Surreply in Opposition MOTION to Dismiss Case 23 filed by Plaintiff Cats and Dogs Animal Hospital, Inc.. (Weston, Gregory) (Entered: 04/22/2010) MINUTES IN CHAMBERS by Judge Valerie Baker Fairbank: For better calendar management, the Court continues the Scheduling Conference from 4/26/2010 to 5/10/2010 at 1:30 PM. The Court also continues the Defendant's Motion to Dismiss 23 from 5/3/2010 to 5/10/2010 at 01:30 PM. Said matters will be heard on 5/10/2010 with the Defendant's Motion to Transfer Case (dkt. #250 and Motion to consolidate Cases (dkt. #26). (jp) (Entered: 04/23/2010) REPLY in support of MOTION to Consolidate Cases, as to 10cv01578, 26 and to Set Schedule for Filing Consolidated Amended Complaint filed by Defendant Yelp! Inc.. (Brown, Matthew) (Entered: 04/26/2010) 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) (Entered: 04/26/2010) NOTICE of Mootness of Defendant Yelp! Inc.'s Motion to Consolidate Related Cases filed by plaintiff Cats and Dogs Animal Hospital, Inc.. (Weston, Gregory) (Entered: 04/29/2010) MINUTES (IN CHAMBERS) by Judge Valerie Baker Fairbank: COURT ORDER: (1) Motion to Transfer Venue 25 ; (2) Motion to Dismiss Plaintiffs First amended Complaint 23 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure andLocal Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing set for 5/10/2010 at 1:30 PM., is vacated and the matter taken off calendar. The Court finds that Defendant has met its burden of showing that the Northern District of California is clearly more convenient and GRANTS Defendant's Motion to Transfer Venue to that District. In light of this disposition, the separate Motion to Dismiss filed by Defendant Yelp!, Inc. (dkt. #23) is moot and taken off calendar. (MD JS-6. Case Terminated.) (Attachments: # 1 CV-22 Transmittal Letter - Civil Case Transfer Out) (jp) (Entered: 05/04/2010)

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