Kimzey v. Yelp Inc.
Plaintiff: Douglas L Kimzey
Defendant: Yelp Inc.
Case Number: 2:2013cv01734
Filed: September 23, 2013
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: King
Presiding Judge: Richard A Jones
Nature of Suit: Assault Libel & Slander
Cause of Action: 18 U.S.C. § 1964
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 5, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2016 Filing 37 MANDATE of USCA (14-35487 & 14-35494), as to #29 Notice of Appeal filed by Yelp Inc., #28 Notice of Appeal filed by Douglas L Kimzey. AFFIRMED. (SG)
September 12, 2016 Filing 36 OPINION of USCA (NOT THE MANDATE 14-35487, 14-35494) as to #29 Notice of Appeal filed by Yelp Inc., #28 Notice of Appeal filed by Douglas L Kimzey. AFFIRMED. (RE)
July 19, 2016 Opinion or Order Filing 35 ORDER of USCA (14-35487, 14-35494) as to #29 Notice of Appeal filed by Yelp Inc., #28 Notice of Appeal filed by Douglas L Kimzey. (RE)
January 14, 2015 Opinion or Order Filing 34 ORDER of USCA (14-35487, 14-35494) as to #29 Notice of Appeal filed by Yelp Inc., #28 Notice of Appeal filed by Douglas L Kimzey. Appellants motion for appointment of counsel is denied. No motions for reconsideration, clarification, or modification of this denial shall be filed or entertained. The first and second briefs on cross appeal have been filed. The third brief on cross appeal is due February 16, 2015; and the optional reply brief is due within 14 days after service of the third brief on cross appeal. Because appellant is proceeding without counsel, the excerpts of record requirement is waived. See 9th Cir. R. 30-1.2. Appellees supplemental excerptsof record are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portions of the record cited in appellees brief. See 9th Cir. R. 30-1.7. (RE)
August 19, 2014 Filing 33 NOTICE No Transcripts will be ordered ; filed by Plaintiff Douglas L Kimzey. (Kimzey, Douglas)
July 2, 2014 Filing 32 NOTICE THAT NO TRANSCRIPT WILL BE ORDERED ; filed by Defendant Yelp Inc.. (Balasubramani, Venkat)
June 9, 2014 Filing 31 TIME SCHEDULE ORDER (14-35487, 14-35494) as to #29 Notice of Appeal filed by Yelp Inc., #28 Notice of Appeal filed by Douglas L Kimzey : Party who filed first appeal shall file first brief on cross-appeal by 9/15/14; party who filed second appeal shall file second brief on cross-appeal by 10/15/14. Third brief on cross-appeal shall be filed by 11/14/14. (SA)
June 6, 2014 Filing 29 NOTICE OF Cross APPEAL to Ninth Circuit re #27 Judgment by Court, #26 Order on Motion to Dismiss for Failure to State a Claim by Defendant Yelp Inc.. Filing Fee $505, Receipt number 0981-3630036. (Balasubramani, Venkat)
June 5, 2014 Filing 30 TIME SCHEDULE ORDER as to #28 Notice of Appeal filed by Douglas L Kimzey : Appellants opening brief due by 9/15/14; Appellees response brief due by 10/14/14; Appellants optional reply brief due within 14 days of service of the response brief. (SA)
June 5, 2014 Filing 28 NOTICE OF APPEAL (14-35487) to Ninth Circuit by Plaintiff Douglas L Kimzey. (Receipt# SEA064183) (Kimzey, Douglas) Modified on 6/5/2014 to edit fee payment.(RE). Modified on 6/6/2014, add cca# (SA).
June 5, 2014 Appeal Fees received: fee in the amount of $ 505 (receipt # SEA064183) re #28 Notice of Appeal filed by Douglas L Kimzey. (RE)
May 7, 2014 Filing 27 JUDGMENT BY COURT; The Court GRANTED defendant's #10 motion to dismiss pursuant to Fed. R. Civ. Proc. 12(b)(6). Judgment is entered in favor of defendant and against plaintiff. (CL)
May 7, 2014 Opinion or Order Filing 26 ORDER by Judge Richard A Jones. The court GRANTS defendant's #10 motion to dismiss for failure to state a claim. The Clerk is directed to enter judgment in favor of defendant and against plaintiff.(CL)
May 4, 2014 Filing 25 PRAECIPE re #16 Response to Motion - Errata document - by Plaintiff Douglas L Kimzey. (Kimzey, Douglas)
May 4, 2014 Filing 24 PRAECIPE re #1 Complaint, Errata document, by Plaintiff Douglas L Kimzey. (Kimzey, Douglas)
March 31, 2014 Filing 23 PRAECIPE to attach document Exhibits 14.-15. re #16 Response to Motion by Plaintiff Douglas L Kimzey. (Attachments: #1 Exhibit 14. Loyal locksmith advertisement on Plaintiffs business profile (Loyal involved in criminal activity that Yelp accuses Plaintiff), #2 Exhibit 15. Loyal locksmith $15 and $35 quotes. Bait and switch - Nationwide scheme)(Kimzey, Douglas)
March 25, 2014 Filing 22 PRAECIPE to attach document (Exhibits 7-13) re #16 Response to Motion by Plaintiff Douglas L Kimzey. (Attachments: #1 Exhibit 7. Over 50% of Traffic to Yelp comes from Google, #2 Exhibit 8. Libelous One Star Shock value Promotions, #3 Exhibit 9. Clicking on Yelp's Promotions sends reader to Yelp Libel, #4 Exhibit 10. Original Complaint appeared on Internet Prior to Sept 2011, #5 Exhibit 11. Criminal activity by competitors that Yelp Promotes, #6 Exhibit 12. Yelp asks for "advertising monies", Plaintiff does not pay, #7 Exhibit 13. Yelp stops Plaintiff from access to business account)(Kimzey, Douglas)
March 20, 2014 Filing 21 SURREPLY filed by Defendant Yelp Inc. re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Balasubramani, Venkat)
March 17, 2014 Filing 20 PRAECIPE to attach document (Exhibits) 1-6 to Docket #16 by Plaintiff Douglas L Kimzey. (Attachments: #1 Exhibit Libel Per Se appearing on Google 20 Sept 2011, #2 Exhibit Libel Per Se appearing on Google Sept 24 2012, #3 Exhibit Libel Per Se appearing on Yahoo, #4 Exhibit Libel Per Se appearing on Bing, #5 Exhibit Google does not Index Yelp content, #6 Exhibit Google Tags in Yelp Source Code)(Kimzey, Douglas)
March 16, 2014 Filing 19 PRAECIPE to attach document (Errata) by Plaintiff Douglas L Kimzey. (Attachments: #1 Errata Correction Docket #16)(Kimzey, Douglas)
March 9, 2014 Filing 18 ERRATA re #16 Response to Motion in Opposition by Plaintiff Douglas L Kimzey. (Kimzey, Douglas)
January 10, 2014 Filing 17 REPLY, filed by Defendant Yelp Inc., TO RESPONSE to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Balasubramani, Venkat)
January 5, 2014 Filing 16 RESPONSE, by Plaintiff Douglas L Kimzey, to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Certificate of Service)(Kimzey, Douglas)
December 19, 2013 Opinion or Order Filing 15 MINUTE ORDER re courtesy copy of docket nos. [10-14] by Judge Richard A Jones. (CL)
December 13, 2013 Filing 14 REQUEST for Judicial Notice in Support of Defendant's Motion to Strike & to Dismiss re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Balasubramani, Venkat)
December 13, 2013 Filing 13 DECLARATION of Venkat Balasubramani filed by Defendant Yelp Inc. re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Redmond Locksmith Website, #2 KOMO News article, #3 KIRO TV article)(Balasubramani, Venkat)
December 13, 2013 Filing 12 DECLARATION of Vince Sollitto filed by Defendant Yelp Inc. re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 2013 Snapshot, #2 review textbox, #3 review page)(Balasubramani, Venkat)
December 13, 2013 Filing 11 DECLARATION of Ian MacBean filed by Defendant Yelp Inc. re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit The Review, #2 Exhibit Terms of Service, #3 Exhibit previous Terms of Service, #4 Exhibit FAQ)(Balasubramani, Venkat)
December 13, 2013 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Yelp Inc.. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 1/10/2014, (Balasubramani, Venkat)
December 10, 2013 Opinion or Order Filing 9 ORDER re #8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Aaron Schur for Yelp Inc., by William M. McCool. (No document associated with this docket entry, text only.)(DS)
December 9, 2013 Filing 8 APPLICATION OF ATTORNEY Aaron Schur FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Yelp Inc. (Fee Paid) Receipt No. 0981-3441968. (Balasubramani, Venkat)
December 9, 2013 Filing 7 CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by Yelp Inc.. (Balasubramani, Venkat)
December 9, 2013 Filing 6 NOTICE of Appearance by attorney Venkat Balasubramani on behalf of Defendant Yelp Inc.. (Balasubramani, Venkat)
December 3, 2013 Filing 5 ACKNOWLEDGEMENT OF SERVICE of summons and complaint Served to Defendant Yelp Inc. by Plaintiff Douglas L Kimzey on 11/22/2013 (Kimzey, Douglas)
November 19, 2013 Filing 4 Summons electronically issued as to defendant Yelp Inc. Sms sent to pltf via CM/ECF. (CL)
November 18, 2013 Filing 3 PRAECIPE TO ISSUE SUMMONS re #1 Complaint, 13-CV-1734-RAJ by Plaintiff Douglas L Kimzey. (Attachments: #1 Summons)(Kimzey, Douglas)
November 15, 2013 Filing 2 NOTICE: Plaintiff Douglas L Kimzey has registered to electronically file and receive electronic service in this case. (VB)
September 23, 2013 Filing 1 COMPLAINT and DEMAND FOR JURY TRIAL against defendant Yelp Inc. (NO Summons(es)requested or issued) (Receipt # SEA59097), filed by Douglas L Kimzey. (Attachments: #1 Civil Cover Sheet)(PM) (Additional attachment(s) added on 9/27/2013: #2 Email transmittal of case) (PM).

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Plaintiff: Douglas L Kimzey
Represented By: Douglas L Kimzey
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Defendant: Yelp Inc.
Represented By: Aaron Schur
Represented By: Venkat Balasubramani
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