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

Filing 69

NOTICE by Cats and Dogs Animal Hospital, Inc. re 66 Emergency MOTION to Shorten Time Relating to Motion to Compel 30(b)(6) Deposition on Monday, June 21, 2010, and Motion for SanctionsEmergency MOTION to Shorten Time Relating to Motion to Compel 30(b)(6) Deposition on Monday, June 21, 2010, and Motion for SanctionsEmergency MOTION to Shorten Time Relating to Motion to Compel 30(b)(6) Deposition on Monday, June 21, 2010, and Motion for Sanctions Amended Notice of Motion to Compel 30(b)(6) Deposition and for Sanctions, hearing set for 6/26/10 at 2:00 p.m. (Fitzgerald, John) (Filed on 6/23/2010)

1 THE WESTON FIRM GREGORY S. WESTON (239944) 2 888 Turquoise Street San Diego, CA 92109 3 Telephone: [phone] Facsimile: [phone] [e-mail] 5 JACK FITZGERALD (257370) 6 2811 Sykes Court Santa Clara, CA 95051 7 Telephone: [phone] [e-mail] 9 BECK & LEE BUSINESS TRIAL LAWYERS JARED H. BECK (233743) 10 ELIZABETH LEE BECK (233742) Courthouse Plaza Building 11 28 West Flagler Street, Suite 555 12 Miami, FL 33130 Telephone: [phone] Facsimile: [phone] [e-mail] 14 [e-mail] 15 16 17 Attorneys for Plaintiffs and the Proposed Classes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 3:10-cv-02351 MHP Pleading Type: Class Action Action Filed: February 23, 2010 AMENDED NOTICE OF MOTION TO COMPEL 30(B)(6) DEPOSITION AND FOR SANCTIONS Judge: The Hon. Marilyn Hall Patel Date: Monday, July 26, 2010 Time: 2:00 p.m. Location: Courtroom 15, 18th Floor

18 CATS AND DOGS ANIMAL HOSPITAL, INC.; ASTRO APPLIANCE SERVICE; 19 BLEEDING HEART, LLC; CALIFORNIA FURNISHINGS, INC.; CELIBRÉ, INC.; J.L. 20 FERRI ENTERTAINMENT, INC.; LE 21 PETITE RETREAT DAY SPA, LLC; SAN FRANCISCO BAY BOAT CRUISES, LLC; 22 WAG MY TAIL, INC.; and ZODIAC RESTAURANT GROUP, INC., on behalf of 23 themselves and all others similarly situated, 24 25 26 27 v. YELP! INC., Defendant. Plaintiffs,

Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP AMENDED NOTICE OF MOTION TO COMPEL

1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 3 PLEASE TAKE NOTICE THAT: A. Plaintiffs hereby withdraw that portion of their Motion (Dkt. No. 66) seeking to

4 compel Yelp to produce a witness for deposition pursuant to Fed. R. Civ. P. 30(b)(6) on June 21, 5 2010. That motion was based on emergency circumstances, which are no longer present. Since 6 the June 21st date has now passed with Yelp failing to produce its corporate representative for 7 deposition as duly noticed, Plaintiffs will move on Monday, July 26, 2010, at 2:00 p.m., or as 8 soon thereafter as the Motion may be heard, for an Order compelling Yelp to comply with the 9 deposition notice on a date certain. 10 B. In addition to seeking the foregoing relief, Plaintiffs will move, on Monday, July

11 26, 2010, at 2:00 p.m., or as soon thereafter as the Motion may be heard, in accordance with 12 Federal Rule of Civil Procedure 37(d)(1)(A)(i) and Local Rule 37-1(a), for sanctions related to 13 Yelp's last-minute cancellation of a noticed deposition in the amount of $5,119.80, representing 14 the costs incurred by Plaintiffs because of the cancellation ($954.80) and the fees associated in 15 bringing the Motion ($4,165). This Motion is based on Plaintiffs Notice of Motion and Motion, 16 filed on June 16, 2010 and the Declarations submitted in support thereof (Dkt. No. 66); Yelp's 17 Memorandum in Opposition to the Motion and the Declaration submitted in support thereof, 18 filed on June 21, 2010 (Dkt. Nos. 67-68); and Plaintiffs' Reply Memorandum in Support of 19 Motion submitted on June 22, 2010 and the Declaration submitted in support thereof (Dkt. No. 20 70). 21 22 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 AMENDED NOTICE OF MOTION TO COMPEL

1 Respectfully Submitted, 2 3 4 /s/ Jack Fitzgerald Jack Fitzgerald

THE WESTON FIRM 5 GREGORY S. WESTON 888 Turquoise Street 6 San Diego, CA 92109 Telephone: [phone] Facsimile: [phone] 8 [e-mail] 9 JACK FITZGERALD 2811 Sykes Court 10 Santa Clara, CA 95051 Telephone: [phone] [e-mail] 12 BECK & LEE BUSINESS TRIAL LAWYERS 13 JARED H. BECK ELIZABETH LEE BECK 14 Courthouse Plaza Building 28 West Flagler Street, Suite 555 15 Miami, FL 33130 16 Telephone: [phone] Facsimile: [phone] 17 [e-mail] [e-mail] 18 Attorneys for Plaintiffs and the Proposed Classes 19 20 21 22 23 24 25 26 27 28 2 Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP AMENDED NOTICE OF MOTION TO COMPEL