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 2 3 4 CATS AND DOGS ANIMAL HOSPITAL, 6 INC.; ASTRO APPLIANCE SERVICE; BLEEDING HEART, LLC; CALIFORNIA 7 FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. FERRI ENTERTAINMENT, INC.; LE 8 PETITE RETREAT DAY SPA, LLC; SAN 9 FRANCISCO BAY BOAT CRUISES, LLC; WAG MY TAIL, INC.; and ZODIAC 10 RESTAURANT GROUP, INC., on behalf of themselves and all others similarly situated, 11 Plaintiffs, 12 13 v. 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 3:10-cv-02351 MHP Pleading Type: Class Action [PROPOSED] ORDER: (1) DENYING YELP'S MOTION TO CONSOLIDATE (DKT. NO. 64); (2) DESIGNATING CATS AND DOGS THE LEAD ACTION; (3) STAYING THE LEVITT ACTION; (4) APPOINTING THE WESTON FIRM AND BECK & LEE AS INTERIM CLASS COUNSEL; AND (5) TAKING UNDER SUBMISSION THE FULLY-BRIEFED MOTION TO DISMISS THE CATS AND DOGS FIRST AMENDED COMPLAINT AND SETTING HEARING DATE

14 YELP! INC., 15 16 17 18 BORIS Y. LEVITT, on behalf of himself and 19 all others similarly situated, 20 21 22 v. Plaintiff, Defendant.

NO. CV 10-01321 MHP

YELP! INC.; and DOES 1 through 100, 23 inclusive, 24 25 26 27 28 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP [PROPOSED] ORDER Defendants.

1

The Court has considered the Motion of Defendant Yelp! Inc. to Consolidate Related

2 Cases For All Purposes and to Set Dates for Consolidated Amended Complaint and Response 3 Thereto (Dkt. No. 64); the Opposition and Cross-Motion of Plaintiffs CATS AND DOGS 4 ANIMAL HOSPITAL, INC.; ASTRO APPLIANCE SERVICE; BLEEDING HEART, LLC; 5 CALIFORNIA FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. FERRI ENTERTAINMENT, 6 INC.; LE PETITE RETREAT DAY SPA, LLC; SAN FRANCISCO BAY BOAT CRUISES, 7 LLC; WAG MY TAIL, INC.; and ZODIAC RESTAURANT GROUP, INC. (collectively, 8 "Plaintiffs"); and the related papers submitted in opposition to, and in support of, each of the 9 parties' motions. 10 11 For good cause appearing therefore, Yelp's Motion is DENIED. For good cause appearing therefore, Plaintiffs' Motion is GRANTED and there Court

12 hereby orders as follows: 13 14 15 1. 2. 3. The Cats and Dogs action is designated the Lead Action. The Levitt action is hereby stayed pending resolution of the Cats and Dogs action. Counsel for the Cats and Dogs Plaintiffs, The Weston Firm and Beck & Lee

16 Business Trial Lawyers are hereby appointed Interim Class Counsel. 17 4. Yelp's fully-briefed Motion to Dismiss (Dkt. Nos. 22-23, 27, 40, 51) is taken

18 under submission. A hearing on the motion is set for _______________________________. 19 20 IT IS SO ORDERED 21 22 Dated: ______________________ 23 24 25 26 27 28 1 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP [PROPOSED] ORDER __________________________ The Hon. Mailyn Hall Patel U.S. District Court Judge

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

2 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP [PROPOSED] ORDER