LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 117

NOTICE OF MOTION AND Amended MOTION for Partial Summary Judgment filed by Plaintiff LegalZoom.com Inc. Motion set for hearing on 9/22/2014 at 09:00 AM before Judge Gary A. Feess. (Heather, Fred)

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PATRICIA L. GLASER - State Bar No. 55668
[e-mail]
FRED D. HEATHER - State Bar No. 110650
[e-mail]
AARON P. ALLAN - State Bar No. 144406
[e-mail]
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LegalZoom.com, Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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LEGALZOOM.COM, INC., a Delaware
corporation,

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Plaintiff,

CASE NO.: CV 12-9942-GAF (AGRx)
Hon. Gary A. Feess
Courtroom: 740

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v.
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ROCKET LAWYER INCORPORATED,
a Delaware corporation,
Defendant.

AMENDED NOTICE OF MOTION
FOR PARTIAL SUMMARY
JUDGMENT BROUGHT BY
PLAINTIFF LEGALZOOM.COM,
INC.; MEMORANDUM OF
POINTS AND AUTHORITIES
Date:
September 22, 2014
Time:
9:30 a.m.
Courtroom: 740

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Complaint Filed: November 20, 2012

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AMENDED NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT BROUGHT BY
LEGALZOOM.COM,INC.
928256

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TO THE COURT, DEFENDANT AND ITS ATTORNEYS OF RECORD:
WHEREAS, the parties’ cross-motions for summary judgment were
previously scheduled to be heard on August 18, 2014;
WHEREAS, the Court entered an order on August 12, 2014, continuing the

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hearing on the parties’ respective motions to permit the parties to complete a

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mediation with Hon. William Cahill (Ret.), and set a deadline of September 22, 2014,

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for such motions to be heard;

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WHEREAS, the parties started mediating with Judge Cahill on September 3,
2014, and completed that mediation (without success) on September 8, 2014; and
WHEREAS, LegalZoom would like to provide the Court with as much time
as possible to review the motions before hearing and deciding the matter.
ACCORDINGLY, PLEASE TAKE NOTICE THAT on September 22,

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2014, at 9:30 a.m. in Courtroom 740 of the above-referenced Court, located at 312

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North Spring Street, Los Angeles, California 90012, Plaintiff LegalZoom.com, Inc.

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(“LegalZoom”) will and hereby does move for partial summary judgment.

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Specifically, LegalZoom moves this Court to enter partial summary judgment as

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follows: denying Count’s IV, V, and VI of the Counterclaim being asserted by

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Defendant Rocket Lawyer Incorporated (“Rocket Lawyer”), which asserts that

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LegalZoom is liable for violating the Lanham Act, 15 U.S.C. § 1125(a), as well as

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California Business and Professions Code sections 17200 and 17500, by virtue of

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LegalZoom’s alleged affiliation with a web site known as Legalspring.com; and (2)

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denying Rocket Lawyer’s Third Affirmative Defense for unclean hands.

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This Motion is made pursuant to Rule 56 of the Federal Rules of Civil

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Procedure and is based upon this Amended Notice of Motion, the previously filed

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Memorandum of Points and Authorities (ECF No. 69), the Proposed Statement of

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Uncontroverted Facts and Conclusions of Law (ECF No. 69-1), the declarations and

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evidence submitted with this Motion (ECF Nos. 69-2, 69-3, 69-4), all papers and

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pleadings in the Court’s file, and upon such oral argument as may be made at the
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AMENDED NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT BROUGHT BY
LEGALZOOM.COM,INC.

928256

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hearing on this Motion. This Motion is made following the conference of counsel

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pursuant to L.R. 7-3, which took place on June 27, 2014.

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DATED: September 10, 2014

Respectfully submitted,
GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO LLP

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By: /s/ Aaron P. Allan
PATRICIA L. GLASER
FRED D. HEATHER
AARON P. ALLAN
Attorneys for Plaintiff
LegalZoom.com, Inc.

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928256

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AMENDED NOTICE OF MOTION FOR PARTIAL SUMMARY JUDGMENT BROUGHT BY
LEGALZOOM.COM,INC.

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CERTIFICATE OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California; I am over the
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age of 18 and not a party to the within action; my business address is 10250
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Constellation Boulevard, 19th Floor, Los Angeles, California 90067.
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On September 10, 2014, I electronically filed the following document(s) using
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the CM/ECF system.
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AMENDED NOTICE OF MOTION AND MOTION FOR PARTIAL
SUMMARY JUDGMENT BROUGHT BY PLAINTIFF LEGALZOOM.COM,
INC.; MEMORANDUM OF POINTS AND AUTHORITIES

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Participants in the case are registered CM/ECF users and will be served by the
CM/ECF system.
I declare that I am employed in the office of a member of the bar of this court at

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whose direction the service was made. I declare under penalty of perjury that the

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above is true and correct.

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Executed on September 10, 2014 at Los Angeles, California.

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/s/ Aaron P. Allan
Aaron P. Allan

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PROOF OF SERVICE
928256