LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 143

NOTICE OF MOTION AND MOTION to Supplement Factual Record in Opposition to Defendant Rocket Lawyer Incorporated's Motion for Summary Judgment filed by Plaintiff LegalZoom.com Inc. Motion set for hearing on 10/27/2014 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Declaration of Aaron Allan, # 2 Declaration of Barak Vaughn, # 3 Proposed Order)(Heather, Fred)

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PATRICIA L. GLASER -State Bar No. 55668
pglaser glaserweil.com
FRED .HEATHER -State Bar No. 110650
flleather glaserweil.com
AARON .ALLAN -State Bar No. 144406
aallan~a,glaserweil.com
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310) 556-2920
Attorneys for Plaintiff
LegalZoom.com, Inc.
UNITED STATES DISTRICT COURT

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WESTERN DIVISION

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LEGALZOOM.COM,INC., a Delaware
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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,

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a Delaware corporation,
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Defendant.
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CASE NO.: CV 12-9942-GAF(AGRx)
Hon. Gary A. Feess
Courtroom: 740
DECLARATION OF AARON P.
ALLAN IN SUPPORT OF(1) THE
MOTION OF LEGALZOOM.COM,
INC. TO SUPPLEMENT FACTUAL
RECORD IN OPPOSITION TO
DEFENDANT ROCKET LAWYER
INCORPORATED'S MOTION FOR
SUMMARY JUDGMENT; AND (2)
LEGALZOOM.COM,INC'S EX
PARTS APPLICATION FOR 1)
ORDER SHORTENING TIM ON
MOTION TO SUPPLEMENT THE
RECORD SUPPORTING
LEGALZOOM'S OPPOSITION TO
ROCKET LAWYER'S MOTION
FOR SUMMARY JUDGMENT,OR
(2)IN THE ALTERNATIVE,TO
CONTINUE THE HEARING ON
THE PENDING CROSS MOTIONS
FOR SUMMARY JUDGMENT

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TBD
Date:
TBD
Time:
Courtroom: 740

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DECLARATION OF AARON P. ALLAN 1N SUPPORT OF LEGALZOOM.COM, WC.'S MOTION TO
SUPPLEMENT FACTUAL RECORD
939494

DECLARATION OF AARON P. ALLAN
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I, BARAK VAUGHN,declare as follows:

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1.

I am a partner at Glaser Weil Fink Howard Avchen &Shapiro, counsel

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of record for Plaintiff LegalZoom.com, Inc.("LegalZoom"). I submit this declaration

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in support of LegalZoom's Motion to Supplement Factual Record In Opposition To

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Defendant Rocket Lawyer Incorporated's Motion For Summary Judgment(the
"Motion"). Except as otherwise stated, I have personal knowledge of the matters

s stated herein and, if called upon to do so, I could and would competently testify to
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them under oath.
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On September 25, 2014, I spoke on the telephone with Michael T. Jones,

~t counsel for Rocket Lawyer, and we conferred about LegalZoom's desire to
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supplement the record on Rocket Lawyer's motion for summary judgment, and

13 LegalZoom's request that Rocket Lawyer not oppose a motion brought to supplement
~4 the record. Mr. Jones refused to stipulate that the record should be supplemented.

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Accordingly, I told Mr. Jones, and confirmed later that day in an email (attached

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hereto as E~ibit A), that LegalZoom would proceed to file a motion to supplement

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the record, and an ex parte application for an order shortening time on that motion to
is be heard on together with the pending summary judgment motions. I also indicated to
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Mr. Jones that we remained hopeful that Rocket Lawyer would reconsider its refusal

20 to stipulate, and that we would hold off for another day on filing papers to permit
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such reconsideration. I did not hear from Mr. Jones the following day indicating that

za Rocket Lawyer had reconsidered its decision to oppose the motion and ex parte.
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I declare under penalty of perjury under the laws of the United States of
~ America and the State of California that the foregoing is true and correct.
Executed on this 29th day of September, 2014.

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DECLARATION OF AARON P. ALLAN IN SUPPORT OF LEGALZOOM.COM,INC.'S MOTION TO
SUPPLEMENT FACTUAL RECORD
939494

EXHIBIT A

Aaron Allan
From:
Sent:
To:
Cc:
Subject:

Aaron Allan
Thursday, September 25, 2014 11:10 AM
Jones, Michael T
Fred Heather;'Cook, Brian W'; Barak Vaughn
LegalZoom v. Rocket Lawyer -Further Meet and Confer on Rule 11 Motion

Michael,
Thank you for discussing, this morning, our Rule 11 motion and our related correspondence. As I mentioned during the
call, we have decided to file a motion to supplement the record, and an ex parte application for an order shortening
time on that motion to be heard together with the summary judgment motions, in addition to our previously served
Rule 11 motion. As Fred mentioned during the call, our offer to withdraw the Rule 11 motion in return for you agreeing
not to oppose supplementation of the record on summary judgment is entirely appropriate because we are simply
offering a way for you to cure the problem that our Rule 11 motion identifies: i.e., the original failure on your part to
place these documents before the court which, in our view, clearly suggest a triable issue of fact. Our offer is therefore
not a threat, and is merely an attempt to meet and confer and to propose a solution that would avoid motion practice.
As I also stated on the call, we remain hopeful that you will reconsider your position and not oppose these documents
being placed before the court and considered as part of the summary judgment record; and to allow for that
reconsideration, we will hold off on filing any documents until tomorrow morning. Absent hearing further from you
today on this subject, we will plan to e-file our motion papers tomorrow.

Aaron P. AIIari ~

Partner
Glaser Weil Fink Howard Aachen & 5hapiro LLP
10250 Constellation Blvd., 19th Floor, Los Angeles, CA 90067
Main: 310.553.3000 ~ Direct: 310.282.6279 ~ Fax: [phone]