LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 118

NOTICE OF MOTION AND Amended MOTION for Summary Judgment and/or Adjudication; Memorandum of Points and Authorities filed by Defendant Rocket Lawyer Incorporated. Motion set for hearing on 9/22/2014 at 09:30 AM before Judge Gary A. Feess. (Cook, Brian)

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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

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
LEGALZOOM.COM, INC., a Delaware Case No. 2:12-cv-09942-GAF-AGR
corporation,
AMENDED NOTICE OF MOTION
Plaintiff,
FOR SUMMARY JUDGMENT
AND/OR ADJUDICATION;
v.
MEMORANDUM OF POINTS AND
AUTHORITIES
ROCKET LAWYER
INCORPORATED, a Delaware
Date:
September 22, 2014
corporation,
Time:
9:30 a.m.
Judge:
Judge Gary A. Feess
Defendant.
Courtroom: 740
255 East Temple Street
Los Angeles, CA 90012
Action Filed: November 20, 2012

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ACTIVE/77086515.1

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TO THE COURT, PLAINTIFF, AND ITS ATTORNEYS OF RECORD:
WHEREAS, the parties’ cross-motions for summary judgment were

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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,

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2014, for such motions to be heard;
WHEREAS, the parties started mediating with Judge Cahill on September 3,

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2014;
WHEREAS, Rocket Lawyer was notified on September 10, 2014, that
mediation had been terminated; and
WHEREAS, Rocket Lawyer would like to provide the Court with as much
time as possible to review the motions before hearing and deciding the matter.

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ACCORDINGLY, PLEASE TAKE NOTICE THAT on September 22,

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2014 at 9:30 a.m., or as soon thereafter as the matter may be heard, in Courtroom

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740 before the Honorable Gary A. Feess of the Central District Court of California,

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located at 255 East Temple Street, Los Angeles, CA 90012, defendant Rocket

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Lawyer Incorporated (“Rocket Lawyer”) will move and hereby does move for

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summary judgment and/or adjudication as to the First Amended Complaint.

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Rocket Lawyer brings this motion pursuant to Federal Rule of Civil

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Procedure 56 and seeks summary judgment and/or adjudication based upon this

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Amended Notice of Motion and Motion, the previously-filed supporting

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Memorandum of Points and Authorities (ECF No. 67), the previously-filed Separate

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Statement of Undisputed Facts (ECF Nos. 66 & 112), the previously-filed Reply

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(ECF No. 92), all previously-filed supporting declarations (ECF Nos. 60-1, 61, 62-2,

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68, 93, & 113), the documents filed in this action, the entire record, any oral

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argument that may be presented at hearing, and any other matter that the Court

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deems appropriate.

ACTIVE/77086515.1

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Now that the parties have engaged in discovery, the evidence demonstrates no

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triable issue of fact that Rocket Lawyer’s advertisements are not false and/or

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misleading. LegalZoom.com, Inc., cannot create a dispute of fact from a survey that

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relied on unsound methodology and that was conducted contrary to the Court’s

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order and governing law that advertisements must be viewed in context. As such,

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the Court should grant judgment in favor of Rocket Lawyer. In the alternative,

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Rocket Lawyer will and hereby does move for summary adjudication on all issues

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about which there can be no genuine dispute of fact.

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Dated: September 10, 2014

Respectfully submitted,

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By:

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/s/ Brian W. Cook
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]

Attorneys for Defendant
ROCKET LAWYER INCORPORATED

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ACTIVE/77086515.1

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