LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 104

Joint STIPULATION to Continue SUMMARY JUDGMENT HEARING AND CASE DEADLINES FOR MEDIATION filed by Defendant Rocket Lawyer Incorporated. (Attachments: # 1 Proposed Order)(Vu, Hong-An)

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Forrest A. Hainline III (SBN 64166)
[e-mail]
Hong-An Vu (SBN 266268)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax.: [phone]
Michael T. Jones (SBN 290660)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]
Brian W. Cook (Pro Hac Vice)
[e-mail]
GOODWIN PROCTER LLP
53 State Street
Boston, MA 02109-2802
Tel.: [phone]
Fax.: [phone]
Attorneys for Defendant
ROCKET LAWYER INCORPORATED
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
LEGALZOOM.COM, INC., a Delaware Case No. 2:12-cv-09942-GAF-AGR
corporation,
JOINT STIPULATION TO
Plaintiff,
CONTINUE SUMMARY
JUDGMENT HEARING AND CASE
v.
DEADLINES FOR MEDIATION
ROCKET LAWYER
INCORPORATED, a Delaware
corporation,
Defendant.

Judge:
Courtroom:

Judge Gary A. Feess
740
255 East Temple Street
Los Angeles, CA 90012
Action Filed: November 20, 2012

LegalZoom.com Inc. and Rocket Lawyer Incorporated agree and stipulate as

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follows:

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1.

LegalZoom filed its original Complaint on November 20, 2012.

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2.

On or about April 9, 2013, the parties agreed to mediate the case and

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agreed to stay all discovery deadlines pending mediation.

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3.

Beginning in April 2013 and continuing up to August 22, 2013, the

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parties engaged in good faith efforts to mediate and settle this action with the

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assistance of a mediator, Hon. William J. Cahill (Ret.). On August 22, 2013, after a

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final exchange of settlement demands, the parties decided to terminate the mediation

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effort. Discovery remained stayed throughout the negotiation period.

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4.

On October 6, 2013, the Court entered an order granting the parties’

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joint stipulation to continue the trial and discovery dates set in the Court’s April 11,

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2013 Scheduling Order. As a result, the discovery cut-off for this case was set for

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April 7, 2014.

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5.

On January 22, 2014, the Court entered an order granting the parties’

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joint stipulation to continue the trial and discovery dates set in the Court’s October

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6, 2013 Scheduling Order. As a result, the discovery cut-off for this case was set for

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June 24, 2014.

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6.

On April 15, 2014, the Court entered an order granting LegalZoom’s ex

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parte application to continue the trial and related dates set in the Court’s January 22,

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2014 Scheduling Order. As a result, the discovery cut-off for this case was set for

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August 12, 2014.

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7.

On July 29, 2014, the Court entered an order granting the parties’ joint

stipulation to take certain depositions after the discovery cut-off.

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8.

During that same week, the parties began to discuss mediation.

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9.

On August 4, 2014, the parties completed all briefing relating to the

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cross-motions for summary judgment currently scheduled to be heard on August 18,

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2014.

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Also on August 4, 2014, the parties agreed to renew mediation before

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Judge Cahill subject to the following restrictions:

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(a)

Mediation will occur within thirty (30) days of an order granting

this stipulation in San Francisco, California, subject to Judge Cahill’s availability.

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(b)

The hearing and ruling on the cross-motions for summary

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judgment shall be continued to a date certain within two weeks of the scheduled

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mediation.

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(c)

The parties will notify the Court of the hearing date once the

mediation is scheduled.

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(d)

The parties agree to postpone all case deadlines, except for the

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discovery and motion cut-off dates, by approximately sixty (60) days, subject to the

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Court’s approval.

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(e)

The parties shall identify their respective representatives who

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will attend the mediation at least fourteen (14) days before the mediation and

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confirm that those individuals have settlement authority.

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(f)

briefing to Judge Cahill as context for the mediation.

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The parties shall provide a copy of all the summary judgment

(g)

The parties shall provide mediation statements in letter brief

format not to exceed five (5) pages in length.

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(h)

All depositions permitted by the Court to be taken after the

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discovery cut-off shall be continued until after the mediation. Should mediation fail,

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these depositions will be taken within 30 days after such failure.

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NOW, WHEREFORE, the parties stipulate and agree, subject to the Court’s
approval:

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 To attend mediation within thirty (30) days of a Court order granting this

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stipulation in accordance with the conditions agreed to by the parties

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subject to Judge Cahill’s availability.

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 To continue the August 18, 2014 hearing on the cross-motions for

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summary judgment to a date two weeks after the date for mediation.

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Within a reasonable time after agreeing on a mediation date, the parties

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shall file amended notices of their respective motions for summary

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judgment.

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 To revise the current case deadlines pending mediation as follows:

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Matter

Current
Deadline

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Trial
Estimated length: 4-5 days

October 21,
2014 8:30 a.m.

Hearing on Motions
in Limine; Hearing on Disputed
Jury Instructions
File Findings of
Fact and Conclusions of Law;
Hearing on Motions in Limine

October 6, 2014 –1

December 2, 2014

October 6, 2014 –1

December 2, 2014

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Weeks
before
trial

Proposed New
Deadline
December 9, 2014

Pretrial Conference; Motions in
September 22,
Limine to be filed; Proposed Voir 2014
Dire Qs Lodged and Agreed−to
Statement of Case

–4

November 11,
2014

Lodge Pretrial Conf. Order; File
September 9,
Memo of Contentions of Fact and 2014
Law; Exhibit & Witness Lists;
File Status Report re Settlement;
File Agreed Upon Set of Jury
Instructions and Verdict Forms;
File Joint Statement re Disputed
Instructions, Verdicts, etc.

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October 28, 2014

August 26,
2014

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October 14, 2014

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Last date to conduct Settlement
Conference

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Last day for hearing motions

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August 18, 2014

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Except hearing on the parties’
already submitted cross-motion
for summary judgment.

August 18,
2014

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Matter

Current
Deadline

Discovery cut-off

August 12,
2014

Excluding permitted depositions,,
if necessary, to be taken within 30
days after mediation fails.

Weeks Proposed New
before
Deadline
trial
–10
August 12, 2014

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Dated: August 5, 2014

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Respectfully submitted,
By: /s/ Hong-An Vu____________
Forrest A. Hainline III
[e-mail]
Hong-An Vu (SBN 266268)
[e-mail]
Michael T. Jones (SBN 290660)
[e-mail]
Brian W. Cook (Pro Hac Vice)
[e-mail]
GOODWIN PROCTER LLP
Three Embarcadero Center
24th Floor
San Francisco, California 94111
Tel.: [phone]
Fax.: [phone]

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Attorneys for Defendant
ROCKET LAWYER INCORPORATED

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Dated: August 5, 2014

By:/s/ Aaron P. Allan (with permission)
Patricia L. Glaser
[e-mail]
Fred D. Heather
[e-mail]
Aaron P. Allan
[e-mail]
GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO
LLP
10250 Constellation Boulevard,
19th Floor
Los Angeles, California 90067
Tel.: [phone]
Fax.: [phone]
Attorneys for Plaintiff
LEGALZOOM.COM, INC.