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

Filing 65

NOTICE by Cats and Dogs Animal Hospital, Inc. re 64 MOTION to Consolidate Cases Plaintiffs' Notice of Opposition to Yelp's Motion to Consolidate Cases and Cross-Motion (Attachments: # 1 Memorandum of Points and Authorities in Support of Plaintiffs' Opposition to Yelp's Motion to Consolidate and Cross-Motion, # 2 Declaration of Gregory S. Weston in Support of Plaintiffs' Opposition and Cross-Motion, # 3 Declaration of Jack Fitzgerald in Support of Plaintiffs' Opposition and Cross-Motion, # 4 Declaration of Jared H. Beck in Support of Plaintiffs' Opposition and Cross-Motion, # 5 Declaration of Elizabeth Lee Beck in Support of Plaintiffs' Opposition and Cross-Motion, # 6 Proposed Order Denying Yelp's Motion to Consolidate and Granting Plaintiffs' Cross-Motion, # 7 Certificate of Service)(Fitzgerald, John) (Filed on 6/14/2010)

1 THE WESTON FIRM GREGORY S. WESTON (239944) 2 JACK FITZGERALD (257370) 888 Turquoise Street 3 San Diego, CA 92109 Telephone: [phone] Facsimile: [phone] 5 [e-mail] [e-mail] 6 7 8 9

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

Attorneys for Plaintiffs and the Proposed Classes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 3:10-cv-02351 MHP PLAINTIFFS' NOTICE OF OPPOSITION TO YELP'S MOTION FOR CONSOLIDATION AND CROSSMOTION FOR: (A1) DESIGNATION OF CATS AND DOGS AS LEAD ACTION AND STAY OF LEVITT ACT OR, IN THE ALTERNATIVE, (A2) CONSOLIDATION OF ACTIONS, DEEMING CATS AND DOGS FIRST AMENDED COMPLAINT AS THE OPERATIVE PLEADING; (B) APPOINTMENT THE WESTON FIRM AND BECK & LEE AS INTERIM CLASS COUNSEL; AND (C) SUBMISSION OF FULLY-BRIEFED MOTION TO DISMISS FOR HEARING. Case No. CV 10-01321 MHP

10 CATS AND DOGS ANIMAL HOSPITAL, INC.; ASTRO APPLIANCE SERVICE; 11 BLEEDING HEART, LLC; CALIFORNIA FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. 12 FERRI ENTERTAINMENT, INC.; LE PETITE RETREAT DAY SPA, LLC; SAN 13 FRANCISCO BAY BOAT CRUISES, LLC; 14 WAG MY TAIL, INC.; and ZODIAC RESTAURANT GROUP, INC., on behalf of 15 themselves and all others similarly situated, 16 17 18 19 20 21 22 BORIS Y. LEVITT, on behalf of himself and 23 all others similarly situated, 24 25 26 v. Plaintiff, v. YELP! INC., Defendant. Plaintiffs,

YELP! INC.; and DOES 1 through 100, 27 inclusive, 28 Defendants.

Judge: The Hon. Marilyn Hall Patel Hearing Date: July 19, 2010 Hearing Time: 2:00 p.m.

Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP NOTICE OF OPPOSITION TO YELP'S MOTION TO CONSOLIDATE AND CROSS-MOTION

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NOTICE OF OPPOSITION AND CROSS-MOTION & CROSS-MOTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE

3 NOTICE that on Monday, July 19, 2010, at 2:00 p.m., or as soon thereafter as this Opposition 4 and Cross-Motion may be heard, Plaintiffs CATS AND DOGS ANIMAL HOSPITAL, INC., 5 ASTRO APPLIANCE SERVICE, BLEEDING HEART, LLC, CALIFORNIA FURNISHINGS, 6 INC., CELIBRÉ, INC., J.L. FERRI ENTERTAINMENT, INC., LE PETITE RETREAT DAY 7 SPA, LLC, SAN FRANCISCO BAY BOAT CRUISES, LLC, WAG MY TAIL, INC., and 8 ZODIAC RESTAURANT GROUP, INC. (collectively "Plaintiffs") will and hereby do: 9 10 11 12 13 14 15 16 17 18 19 (1) Oppose Defendant YELP! INC.'s Motion to Consolidate Related Cases For All Purposes And To Set Dates For Consolidated Amended Complaint And Response Thereto (Dkt. No. 64); and (2) Cross-Move for an order providing: a. The Cats and Dogs action, No. 10-cv-2351, is designated the lead action, and the Levitt action, No. 10-cv-1321 is stayed pending resolution of the Cats and Dogs action; 1 b. The Weston Firm and Beck & Lee Business Trial Lawyers are appointed Interim Class Counsel; and c. Yelp's fully-briefed Motion to Dismiss (Dkt. Nos. 22-23, 27, 40, 51) is submitted, and put on for hearing at the Court's earliest convenience.

20 This Opposition and Cross-Motion is based on this Notice of Motion and Motion, the 21 accompanying Memorandum of Points and Authorities, the accompanying Declarations of 22 Gregory S. Weston ("Weston Decl."), Jack Fitzgerald ("Fitzgerald Decl."), Jared H. Beck ("J. 23 Beck Decl."), and Elizabeth Lee Beck ("E. Beck Decl.") and the exhibits thereto, all previous 24 papers and proceedings in this and the Levitt actions, oral argument, and such other materials and 25 argument as may be presented in connection with the hearing and Plaintiffs' Opposition and 26 Cross-Motion. 27 In the alternative to staying Levitt, the Cats and Dogs Plaintiffs move for an order consolidating 28 the Cats and Dogs and Levitt actions, and deeming the Cats and Dogs First Amended Complaint the operative pleading in the consolidated action. Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP NOTICE OF OPPOSITION TO YELP'S MOTION TO CONSOLIDATE AND CROSS-MOTION
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1 DATED: June 14, 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/ Jack Fitzgerald Jack Fitzgerald THE WESTON FIRM GREGORY S. WESTON 888 Turquoise Street San Diego, CA 92109 Telephone: [phone] Facsimile: [phone] [e-mail] JACK FITZGERALD 2811 Sykes Court Santa Clara, CA 95051 Telephone: [phone] [e-mail] 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: [phone] [e-mail] [e-mail] Counsel for Plaintiffs and the Proposed Classes

Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP NOTICE OF OPPOSITION TO YELP'S MOTION TO CONSOLIDATE AND CROSS-MOTION