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

Filing 94

Statement re 86 Supplemental MOTION to Appoint Lead Plaintiff and Lead Counsel and Proposed Six-Month Discovery Plan OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL by Beck & Lee Business Trial Lawyers. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Beck, Jared) (Filed on 8/18/2010)

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

Doc. 94

1 BECK & LEE BUSINESS TRIAL LAWYERS 2 3 4 5 6 8 9
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]

7 Attorneys for Plaintiffs and the Proposed Classes
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CASE NO. 10-CV-02351 MHP Pleading Type: Class Action Action Filed: February 23, 2010 STATEMENT OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL

10 CATS AND DOGS ANIMAL HOSPITAL, 11 BLEEDING HEART, LLC; CALIFORNIA 12 FURNISHINGS, INC.; CELIBRÉ, INC.; J.L.
FERRI ENTERTAINMENT, INC.; LE 13 PETITE RETREAT DAY SPA, LLC; SAN 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, INC.; ASTRO APPLIANCE SERVICE;

16 17 19 20 22 23 25 26 27 28
v. inclusive, v.

Plaintiffs,

18 YELP! INC.,
Defendant. Case No. 10-CV-01321 MHP Judge: Hon. Marilyn Hall Patel

BORIS Y. LEVITT, on behalf of himself and 21 all others similarly situated, Plaintiff,

24 YELP! INC.; and DOES 1 through 100,
Defendants.

Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., Case No. 3:10-CV-02351 MHP STATEMENT OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL
Dockets.Justia.com

1

Beck & Lee Business Trial Lawyers ("Beck & Lee") hereby withdraws its motion for

2 appointment of Beck & Lee as co-lead interim class counsel with The Weston Firm ("Weston") 3 [D.E. 65-1, 86]. Shortly after Weston and Beck & Lee filed their supplemental memorandum in 4 support of their lead counsel application on July 26, 2010 [D.E. 86], Beck & Lee's attorneys, 5 Elizabeth Lee Beck and Jared Beck, received information that Weston improperly recruited a 6 class action plaintiff through offer of a "kickback" and employment of a runner/capper. Before 7 Beck & Lee could complete its investigation of the truth and scope of Weston's practices, on 8 August 12, 2010, Weston abruptly and without prior notice or explanation announced it was 9 terminating the firms' written joint prosecution agreement and, the same day, sued Beck & Lee 10 and another co-counsel law firm, Reese Richman LLP, in the Southern District of California. 11 The facts of these events are set forth in the following papers which Beck & Lee filed earlier 12 today in Red et al. v. Unilever United States, Inc. et al., No. 5:10-cv-00387-JW (N.D. Cal.)1 and 13 are attached hereto: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Beck & Lee is in the process of preparing similar filings for all of the pending class actions covered by the firms' joint prosecution agreement.
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Beck & Lee Business Trial Lawyers' Opposition to Notice of Termination of Beck & Lee and Reese Richman LLP by Plaintiffs Evangeline Red, Jennifer Red, and Rachel Whitt and [Proposed] Order (Exhibit 1 hereto);

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Declaration of Elizabeth Lee Beck in Support of Beck & Lee Business Trial Lawyers' Opposition to Notice of Termination of Beck & Lee and Reese Richman LLP by Plaintiffs Evangeline Red, Jennifer Red, and Rachel Whitt and [Proposed] Order (Exhibit 2 hereto);

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Declaration of Jared H. Beck in Support of Beck & Lee Business Trial Lawyers' Opposition to Notice of Termination of Beck & Lee and Reese Richman LLP by Plaintiffs Evangeline Red, Jennifer Red, and Rachel Whitt and [Proposed] Order (with attachments) (Exhibit 3 hereto); and

1 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS STATEMENT OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL

1 2 3 4 5 6

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Notice of Filing Declaration of Alejandro Gutierrez in Support of Beck & Lee Business Trial Lawyers' Opposition to Notice of Termination of Beck & Lee and Reese Richman LLP by Plaintiffs Evangeline Red, Jennifer Red, and Rachel Whitt and [Proposed] Order (Exhibit 4 hereto).

While Beck & Lee presently represents a number of putative class members in this case

7 (who did not originally retain Weston), and is still able to serve as class counsel, it cannot do so 8 with Weston. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 Cats and Dogs Animal Hospital, Inc.et al. v. Yelp! Inc., Case No. 2:10-cv-01340-VBF-SS STATEMENT OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL DATED: August 18, 2010 Respectfully Submitted, /s/Jared H. Beck Jared H. Beck 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: 786 664 3334 Counsel for Plaintiffs and the Proposed Classes