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 Att.

Exhibit 4

Cats and Dogs Animal Hospital, Inc. et al. v. Yelp! Inc., Case No. 3:10CV02351 MHP EXH. ISO STATEMENT OF WITHDRAWAL OF MOTION FOR APPOINTMENT OF BECK & LEE AS INTERIM CLASS COUNSEL

Dockets.Justia.c

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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: 786 664 3334 [e-mail] [e-mail] Counsel for Plaintiffs and the Proposed Classes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EVANGELINE RED, JENNIFER RED, and RACHEL WHITT, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. UNILEVER PLC and UNILEVER UNITED STATES, INC., Defendants. Case No: 3:10-cv-00387 JW (HRLx) Pleading Type: Class Action NOTICE OF FILING DECLARATION OF ALEJANDRO GUTIÉRREZ IN SUPPORT OF BECK & LEE BUSINESS TRIAL LAWYERS' OPPOSITION TO NOTICE OF TERMINATION OF BECK & LEE BY PLAINTIFFS EVANGELINE RED, JENNIFER RED, AND RACHEL WHITT AND [PROPOSED] ORDER Judge: The Honorable James Ware

Red et al. v. Unilever PLC et al., Case No. 3:10-cv-00387 JW DECLARATION OF ALEJANDRO GUTIÉRREZ

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Beck & Lee Business Trial Lawyers hereby files the declaration of Alejandro Gutiérrez, attached hereto as Exhibit A, in support of Beck & Lee Business Trial Lawyers' Opposition to Notice of Termination of Beck & Lee by Plaintiffs Evangeline Red, Jennifer Red, And Rachel Whitt And [Proposed] Order [D.E. 71]. DATED: August 18, 2010 Respectfully Submitted, s/Elizabeth Lee Beck Elizabeth Lee Beck BECK & LEE BUSINESS TRIAL LAWYERS JARED H. BECK ELIZABETH LEE BECK 28 West Flagler Street, Suite 555 Miami, FL 33130 Telephone: [phone] Facsimile: 786 664 3334 Counsel for Plaintiffs and the Proposed Class

1
Red et al. v. Unilever PLC et al., Case No. 3:10-cv-00387 JW DECLARATION OF ELIZABETH LEE BECK

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1 BECK & LEE BUSINESS TRIAL LAWYERS 2 JARED H. BECK (233743) 3 Courthouse Plaza Building 4 28 West Flagler Street, Suite 555 5 Miami, FL 33130

ELIZABETH LEE BECK (233742)

6 Facsimile: [phone] 7 [e-mail] 8

Telephone: [phone] [e-mail]

9 Counsel for Plaintiff and the Proposed Class 10 11 12 13 14 15 16

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA REBECCA YUMUL, on behalf of herself and all others similarly situated, Plaintiff, v. Case No.: 2:10-cv-00927 MMM AJW Pleading Type: Class Action DECLARATION OF ALEJANDRO GUTIERREZ IN SUPPORT OF BECK & LEE BUSINESS TRIAL LAWYERS' OPPOSITION TO NOTICE OF TERMINATION OF BECK & LEE BY PLAINTIFF AND [PROPOSED] ORDER Judge: The Hon. Margaret M. Morrow

17 SMART BALANCE, INC., 18 19 20 21 22 23 24 25 26 27 28 29 30

Defendant.

YUMUL V. SMART BALANCE INC., CASE NO. 2:10-CV-00927 MMM AJW DECLARATION OF ALEJANDRO GUTIÉRREZ

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I, Alejandro Gutiérrez, declare: 1. 2. My name is Alejandro Gutiérrez. I am over 18 years of age, and I I am currently employed as a paralegal at Beck & Lee Business Trial

3 have personal knowledge of the facts set forth in this Declaration. 5 Lawyers ("Beck & Lee") in Miami, Florida, and have been so continuously since 6 May 24, 2010. From April 4, 2008 until August 21, 2008, I also worked as a file 7 clerk at Beck & Lee, before I moved to Washington D.C. to complete my 8 undergraduate education at Georgetown University. Presently, I am in my first 9 year of law school at Florida International University in Miami. 10 3. Beck & Lee has two attorneys, Jared Beck ("Mr. Beck") and 11 Elizabeth Lee Beck ("Ms. Beck"), who are husband and wife. Since starting my 12 most recent job as a paralegal, Beck & Lee has been actively working on a number 13 of cases with a law firm in San Diego, California, known as The Weston Firm. I 14 am very familiar with The Weston Firm's present and former employees, 15 specifically Gregory Weston, Jack Fitzgerald, Roz Sutton, and Evan Lee, and have 16 spoken over the phone or e-mailed with each of them and assisted them with 17 various matters on a number of occasions. 18 4. On Friday, July 30, 2010, Ms. Beck instructed me to go through the 19 firm's files and create a list of all plaintiffs in the cases being jointly litigated by 20 Beck & Lee and The Weston Firm who originally retained The Weston Firm. She 21 told me that after I assembled this list, my next task would be to contact Roz 22 Sutton ("Ms. Sutton") of The Weston Firm to obtain their phone numbers, mailing 23 addresses, and e-mail addresses so that Ms. Beck would be able to contact them. 24 Ms. Beck also asked me to draft an e-mail to Ms. Sutton requesting this 25 information regarding the plaintiffs. 26 5. I performed these tasks as requested by the end of the day on July 30, 27 and placed the drafts in Ms. Beck's in-box for her review.
1 YUMUL V. SMART BALANCE INC., CASE NO. 2:10-CV-00927 MMM AJW DECLARATION OF ALEJANDRO GUTIÉRREZ

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6.

Both Ms. Beck and Mr. Beck were out of the office during the entire

2 following week, with the exception of the morning of Thursday, August 5, when 3 Mr. Beck flew back into Miami from Tampa to attend a hearing in Miami-Dade 4 state court, after which he immediately flew back to Tampa. 5 7. On Monday, August 9, Ms. Beck returned to the office. That day, she

6 directed me to contact Ms. Sutton and obtain the contact information for Rebecca 7 Yumul, who is one of the named plaintiffs in the cases being jointly prosecuted by 8 Beck & Lee and The Weston Firm. I sent Ms. Sutton an e-mail that same day. 9 10 8. 9.. Ms. Sutton never responded to my August 9th e-mail. On August 13, Ms. Beck directed me to follow up with Ms. Sutton,

11 which I tried to do by telephone that same day. When I called on August 13, no 12 one at The Weston Firm answered the phone. 13 I declare under penalty of perjury under the laws of the United States that

14 the foregoing is true and correct. 15 16 17 18
19

Executed in Miami, Florida on August 17,2010.

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26
27
2
YUMUL V. SMART BALANCE INC., CASE DECLARA nON

NO.2: 1O-cv -00927 MMM AJW
GUTIERREZ

OF ALEJANDRO

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1 DATED: August 17, 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

Respectfully submitted, s/Jared H. Beck BECK & LEE BUSINESS TRIAL LAWYERS Jared H. Beck Elizabeth Lee Beck 28 West Flagler Street, Suite 555 Miami, FL 33130 Telephone: [phone] Facsimile: 786 664 3334 Counsel for Plaintiff and the Proposed Class

3 YUMUL V. SMART BALANCE INC., CASE NO. 2:10-CV-00927 MMM AJW DECLARATION OF ALEJANDRO GUTIÉRREZ