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

Filing 70

Reply to Opposition 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 Reply in Support of Plaintiffs' Motion to Compel 30(b)(6) Deposition and for Sanctions filed byCats and Dogs Animal Hospital, Inc.. (Attachments: # 1 Declaration of Elizabeth Lee Beck in Support of Plaintiffs' Motion to Compel 30(b)(6) Deposition and for Sanctions)(Fitzgerald, John) (Filed on 6/23/2010)

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

Doc. 70 Att. 1

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 DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' REPLY IN SUPPORT 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 DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL 30(B)(6) DEPOSITION AND FOR SANCTIONS
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1 I, Elizabeth Lee Beck, declare: 2 1. I am a member in good standing of the State Bars of California and Florida, and

3 admitted to practice before this Court. I have personal knowledge of the facts stated herein, and, 4 if called on to do so, could and would testify competently thereto. I make this declaration in 5 support of Plaintiffs' Reply in Support of Motion to Compel 30(b)(6) Deposition, and for 6 Sanctions. 7 2. On June 13, 2010, my law partner, Jared H. Beck, and I, purchased non-

8 refundable plane tickets from Fort Lauderdale to San Francisco. The receipts are attached as 9 Exhibit B and Exhibit C to the Declaration of Jared H. Beck filed in support of Plaintiffs' Motion 10 to Shorten Time, Compel 30(B)(6) Deposition, and for Sanctions. 11 3. Together with the California-based Weston Firm, my firm, Beck & Lee, is

12 litigating both this action and another action also venued in the Northern District of California, 13 Red v. Unilever United States, Inc., Case No. 10-CV-00387-JW. On June 21,, 2010, the day that 14 the Yelp deposition was scheduled to take place in San Francisco, there was also a hearing 15 scheduled at 9 a.m. in Red before the Honorable James Ware in the San Jose Division. 16 4. We purchased the foregoing airfare with the intention that Mr. Beck and I would

17 take Yelp's deposition in San Francisco on June 21st, while Gregory S. Weston and Jack 18 Fitzgerald of the Weston Firm covered the hearing in Red. 19 5. After Yelp indicated it had no intention of producing a corporate representative

20 for the deposition, I made use of the plane ticket by travelling to San Francisco and then joined 21 Mr. Weston and Mr. Fitzgerald at the Red hearing in San Jose, which lasted approximately 90 22 seconds, during which the parties announced a settlement agreement to the Court. 23 I declare under penalty of perjury under the laws of the United States that the foregoing is

24 true and correct. 25 26 27 Executed on June 23, 2010 in Miami, Florida. s/ Elizabeth Lee Beck Elizabeth Lee Beck 1 Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL 30(B)(6) DEPOSITION AND FOR SANCTIONS

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 2 Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., Case No. 3:10-cv-02351 MHP DECLARATION OF ELIZABETH LEE BECK IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL 30(B)(6) DEPOSITION AND FOR SANCTIONS