Sapan
Sapan v. Yelp, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JONATHAN SAPAN, Case No. 3:17-cv-03240-JD
Plaintiff,
ORDER RE MOTION TO CERTIFY
v. CLASS AND MOTION TO STRIKE
YELP, INC., Re: Dkt. No. 66, 129, 136 Defendant.
Named plaintiff Jonathan Sapan asks to certify a national class for claims alleged under the Telephone Consumer Protection Act (TCPA) against Yelp, Inc. (Yelp). Dkt. No. 66. Yelp asks to strike a declaration of a putative expert filed by Sapan. Dkt. No. 129. The parties’ familiarity with the record is assumed, and certification is denied. The case will go to trial on Sapan’s individual claim. The motion to strike is denied. DISCUSSION I. CLASS CERTIFICATION A. PROCEDURAL BACKGROUND Before getting to the merits of certification, it is useful to recount the rather tortured history of Sapan’s class certification efforts. Sapan’s theory of the case posed a challenging problem for certification. Yelp…