Curry v. Yelp Inc. et al

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER Establishing Schedule for Plaintiffs to File a Consolidated Amended Complaint and for Briefing on Defendants' Anticipated Motion to Dismiss filed by City of Miami Fire Fighters' and Police Officers' Retirement Trust, Joseph Curry. Signed by Judge Jon S. Tigar on November 21, 2014. (wsn, COURT STAFF) (Filed on 11/21/2014)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
KENNETH J. BLACK (291871)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
7 Lead Counsel for Lead Plaintiff
8 [Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

11 JOSEPH CURRY, Individually and on Behalf
of All Others Similarly Situated,
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Plaintiff,
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vs.
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YELP INC., et al.,
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Defendants.
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985562_1

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Case No. 3:14-cv-03547-JST
(Consolidated)
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
ESTABLISHING SCHEDULE FOR
PLAINTIFFS TO FILE A CONSOLIDATED
AMENDED COMPLAINT AND FOR
BRIEFING ON DEFENDANTS’
ANTICIPATED MOTION TO DISMISS

1

WHEREAS on August 6, 2014, plaintiff Joseph Curry filed a putative class action complaint,

2 Curry v. Yelp Inc. et al., No. 3:14-cv-03547-JST (“Complaint”) (Dkt. No. 1) against defendants Yelp
3 Inc., Jeremy Stoppelman, Robert J. Krolik and Geoffrey Donaker (collectively, “defendants”), for
4 violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934;
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WHEREAS, on August 25, 2014, plaintiff Mary Adams filed a similar putative class action

6 complaint in a separate action, Adams v. Yelp Inc. et al., No. 3:14-cv-03832-EMC (the “Adams
7 Complaint”) against defendants, asserting the same or substantially similar violations of Sections
8 10(b) and 20(a) of the Securities Exchange Act of 1934;
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WHEREAS, on August 29, 2014, the parties entered into a stipulation and agreement to

10 continue the initial case management conference, reset related deadlines and extend defendants time
11 to respond to the Complaint (Dkt. No. 8);
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WHEREAS, on November 17, 2014, the Court entered an Order (1) Consolidating Cases (2)

13 Appointing Lead Plaintiff (3) Appointing Lead Counsel (Dkt. No. 30), which consolidated the two
14 above-referenced complaints, appointed City of Miami Fire Fighters’ and Police Officers’
15 Retirement Trust as lead plaintiff and appointed Robbins Geller Rudman & Dowd as lead counsel;
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WHEREAS, the parties have met and conferred, and agree that the interest of judicial

17 efficiency, administration of justice and conservation of judicial and private resources would be best
18 served by establishing a schedule to file a consolidated amended complaint and for briefing on
19 defendants’ anticipated motion to dismiss.
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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO

21 APPROVAL BY THIS COURT, by the parties, through their respective counsel of record, as
22 follows:
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1.

Plaintiffs shall file their consolidated amended complaint on or before January 5,

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2.

Defendants shall file and serve their motion to dismiss on or before February 6, 2015;

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3.

Plaintiffs shall file and serve their opposition to defendants motion to dismiss on or

24 2015;

27 before March 6, 2015;
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985562_1

STIP & [PROP] ORDER ESTABLISHING SCHEDULE TO FILE CONSOLIDATED
AMENDED CMPT & FOR BRFG ON DEFS’ ANTICIPATED MTD - 3:14-cv-03547-JST

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4.

Defendants shall file and serve their reply in support of their motion to dismiss on or

2 before March 20, 2015.
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IT IS SO STIPULATED.

4 DATED: November 20, 2014
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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
KENNETH J. BLACK

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7
s/Shawn A. Williams
SHAWN A. WILLIAMS

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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Lead Counsel for Lead Plaintiff

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CYPEN & CYPEN
STEPHEN H. CYPEN
777 Arthur Godfrey Road, Suite 320
Miami Beach, FL 33140
Telephone [phone]
305/535-0050 (fax)

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Additional Counsel for Plaintiff

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18 DATED: November 20, 2014
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ARNOLD & PORTER LLP
GILBERT R. SEROTA

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s/Gilbert R. Serota
GILBERT R. SEROTA
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Telephone: [phone]
415/471-3400(fax)
Attorney for Defendants Yelp Inc., Jeremy
Stoppelman, Robert J. Krolik and Geoffrey
Donaker

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985562_1

STIP & [PROP] ORDER ESTABLISHING SCHEDULE TO FILE CONSOLIDATED
AMENDED CMPT & FOR BRFG ON DEFS’ ANTICIPATED MTD - 3:14-cv-03547-JST

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Certificate Pursuant to Local Rule 5-1(i)(3)

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I, Shawn A. Williams, am the ECF User whose identification and password are being used to

3 file this Stipulation and [Proposed] Order Establishing Schedule for Plaintiffs to File a Consolidated
4 Amended Complaint and for Briefing on Defendants’ Anticipated Motion to Dismiss. In compliance
5 with Local Rule 5-1(i)(3), I hereby attest that counsel for defendants, Aaron Schur concurs in this
6 filing.
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Dated: November 20, 2014

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s/Shawn A. Williams
SHAWN A. WILLIAMS

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ORDER
Based on the stipulation of the parties, and good cause appearing therefore, IT IS HEREBY

14 ORDERED that the Stipulation is approved.

____________________________________
RED
THE HONORABLE RDES. TIGAR
SO O JON
IT IS
UNITED STATES DISTRICT JUDGE

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UNIT
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16 DATED: November 21, 2014

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IT IS SO ORDERED.

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STIP & [PROP] ORDER ESTABLISHING SCHEDULE TO FILE CONSOLIDATED
AMENDED CMPT & FOR BRFG ON DEFS’ ANTICIPATED MTD - 3:14-cv-03547-JST

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