Larkin v. Yelp! Inc.

Filing 37

STIPULATION WITH PROPOSED ORDER Amending Stipulation Re: Settlement of Class And Collective Actions filed by Yelp! Inc.. (Attachments: # 1 Proposed Order Granting Preliminary Approval and Settlement Hearing)(Heinicke, Malcolm) (Filed on 7/2/2012)

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MUNGER, TOLLES & OLSON LLP
MALCOLM A. HEINICKE (SBN 194174)
[e-mail]
560 Mission Street, Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone: [phone]; Facsimile: [phone]

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Attorneys for Defendant
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PETER RUKIN (SBN 178336)
RUKIN HYLAND DORIA & TINDALL LLP
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]; Facsimile [phone]
Email: [e-mail]
Rosa Vigil-Gallenberg (SBN 251872)
GALLENBERG PC
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90071
Telephone: [phone]; Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JUSTIN LARKIN, ANTHONY
TIJERINO, and AHMAD DEANES, on
behalf of themselves and all others
similarly situated,

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STIPULATION AMENDING
STIPULATION RE: SETTLEMENT OF
CLASS AND COLLECTIVE ACTIONS

Plaintiffs,

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CASE NO. CV 11-1503 EMC

Judge:

Honorable Edward M. Chen

v.
YELP! INC.,
Defendant.

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17884296.1

STIPULATION TO AMEND SETTLEMENT
AGREEMENT; CV11-1503 EMC

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WHEREAS, the Settling Parties have entered the Stipulation Re: Settlement of

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Class And Collective Actions (“Stipulation”), and presented this class and collective action

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settlement to the Court for preliminary approval;

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WHEREAS, Defendant has provided notice of this class and collective action
settlement to pertinent government officials pursuant to the Class Action Fairness Act of 2005;

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WHEREAS, following a hearing on June 4, 2012, the Court stated its intention to

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grant preliminary approval for the proposed settlement, provided the Settling Parties agreed to

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three changes to the settlement;

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WHEREAS, Section 2.11.9 of the Stipulation Re: Settlement of Class And

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Collective Actions allows the Settling Parties to amend that agreement and authorizes Class

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Counsel to do for the Class Representatives;
WHEREAS, the parties, through their counsel of record agree as follows, IT IS

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HEREBY STIPULATED AND AGREED that:
(1)

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Paragraph 2.4.11 is added to the Stipulation, and it states: “The California

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Notice and the National Notice will provide a website address (administered by the Claims

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Administrator), this website shall remain open until the Notice Response Deadline, and it shall

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make available to class members the following documents: (a) the operative complaint in the

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Litigation; (b) the operative answer in the Litigation; (c) the complete settlement agreement; (d)

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Plaintiffs’ motion for preliminary approval; (e) Plaintiffs’ Motion for Final Approval of

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Settlement and Award of Attorneys’ Fees; (f) the order granting preliminary approval and setting

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the Settlement Hearing; and (g) one generic (non-Class Member specific) copy of both the

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National Notice and California Notice with associated forms.”

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(2)

The California Notice and National Notice are amended such that (a) on

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the first page of the notice, the second initial disclosure includes the language: “IF YOU TAKE

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NO ACTION, YOU MAY BE SUBJECT TO A RELEASE AND LOSE CLAIMS WITHOUT

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COMPENSATION”; and (b) the sentence containing the anticipated settlement sum is now

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printed in bold and underlined text.

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17884296.1

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STIPULATION TO AMEND SETTLEMENT
AGREEMENT; CV11-1503 EMC

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(3)

Section VIII of the California Notice and National Notice are amended to

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add the following sentence: “At this website [WEBSITE ADDRESS], you can obtain copies of

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the following documents: (a) the operative complaint in the Litigation; (b) the operative answer

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in the litigation; (c) the complete settlement agreement; (d) the motion for preliminary approval;

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(e) Plaintiffs’ Motion for Final Approval of Settlement and Award of Attorneys’ Fees when it is

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filed; and (f) the order granting preliminary approval and setting the Settlement Hearing.”

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(4)

Paragraph 2.5.5 of the Stipulation is amended to read as follows:

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“California Class Members who have not filed a valid Opt Out and all National Class Members

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may object to the Stipulation and/or request for award of attorneys’ fees and costs by submitting

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written objections to Class Counsel (either directly or via the Claims Administrator) no later than

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the date that is ten days after the Settlement Hearing Motion Date. The California Notice and the

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National Notice shall advise California Class Members and National Class Members of this

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option. Class Counsel shall immediately provide any such objections to Yelp and subsequently

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the Court during the final approval process. The Settling Parties agree to respond to any

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objections at a hearing before the Court.” This amendment removes the following language:

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“California Class Members who have not filed a valid Opt Out and all National Class Members

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may object to Class Counsel’s request for attorneys’ fees within ten (10) days of Class Counsel’s

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motion for such fees”

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(5)

The sixth sentence of Paragraph 2.6.2 of the Stipulation is amended to read

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as follows: “The funds associated with any checks that are not properly or timely negotiated shall

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revert to Yelp, which shall then, within thirty (30) days, donate such funds to the Volunteer Legal

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Services Program of the Bar Association of San Francisco, and shall be identified as cy pres

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proceeds from the settlement of Larkin v. Yelp, Case No. CV 11-01503 EMC.”

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(6)

The first paragraph of Section V.D. of the California Notice and National

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Notice is amended to read: “If you do not like any terms of the Settlement or Class Counsel’s

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request for attorneys’ fees and costs, you can submit a written objection. Your objection must be

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in writing and include your full name, address, telephone number, signature and a statement that

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you object to the Settlement in Larkin v. Yelp! Inc., C.A. No. 11-01503 EMC and the reason(s)
17884296.1

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STIPULATION TO AMEND SETTLEMENT
AGREEMENT; CV11-1503 EMC

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for your objection. The objection should be mailed to Peter Rukin at Rukin Hyland Doria &

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Tindall LLP, 100 Pine Street, Suite 2150, San Francisco, CA 94111, and postmarked no later than

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[Objection Deadline].” The third paragraph of Section V.D. of the California Notice and National

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Notice is stricken.

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(7)

The first sentence of Paragraph 2.4.10 of the Stipulation is amended to

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read: “To the extent a Class Member has not submitted to the Claims Administrator some form

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of written response to the Class Notice, i.e., a change of address form, an opt out or a claim form,

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by the date that is fifteen (15) days before the Notice Response Deadline, the Claims

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Administrator shall send that Class Member a postcard (a) referencing the name of the Litigation;

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(b) stating that the Class Member previously received a notice in this action; (c) providing a

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physical and email address for the Claims Administrator and stating that the Class Member can

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write the Claims Administrator to receive an additional copy of the notice; and (d) stating that at

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the following website: [WEBSITE ADDRESS] there are available copies of relevant settlement

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documents, including the National Notice and California Notice with associated forms.”
With these changes agreed to, the Settling Parties respectfully renew their request

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for preliminary approval of the settlement.

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IT IS SO STIPULATED.
DATED: June 29, 2012

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MUNGER, TOLLES & OLSON LLP
Malcolm A. Heinicke
By:/s/ Malcolm A. Heinicke
Attorneys for Defendant YELP! INC.

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DATED: June 29, 2012

RUKIN HYLAND DORIA & TINDALL LLP

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By:/s/ Peter Rukin
Attorneys for Plaintiffs

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I, Malcolm A. Heinicke, am the ECF User whose identification and password are being
used to file this STIPULATION AMENDING STIPULATION RE: SETTLEMENT OF
CLASS AND COLLECTIVE ACTIONS . In accordance with General Order 45.X.B., I
hereby attest that Peter Rukin concurred in this filing.

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17884296.1

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STIPULATION TO AMEND SETTLEMENT
AGREEMENT; CV11-1503 EMC