LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 212

STATUS REPORT Concerning Third Party Discovery and Request for Additional Extension of Court Deadlines filed by Plaintiff LegalZoom.com Inc. (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 Rocket Lawyer
LegalZoom.com, Inc.
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LEGALZOOM.COM, INC., a Delaware
corporation

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Plaintiff,

USDC Case No: CV 12-9942 JEM
Hon. John E. McDermott

v.

STATUS REPORT CONCERNING
THIRD PARTY DISCOVERY AND
ROCKET LAWYER INCORPORATED, REQUEST FOR ADDITIONAL
a Delaware corporation
EXTENSION OF COURT
DEADLINES
Defendant.

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STATUS REPORT CONCERNING THIRD PARTY DISCOVERY AND REQUEST FOR ADDITIONAL
EXTENSION OF COURT DEADLINES
1021810.1

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TO THE HONORABLE JOHN E. MCDERMOTT AND ALL COUNSEL
OF RECORD:
WHEREAS, pursuant to a stipulation and order entered on January 20, 2015,

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this Court permitted LegalZoom additional time to pursue discovery from third

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parties, including Google and Google Ventures, and set a deadline of May 19, 2015,

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for the completion of that discovery;

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WHEREAS, the Court recognized the possibility that discovery from third

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parties might take longer than anticipated to complete, based on Google’s resistance

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to that discovery; and

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WHEREAS, the Court set a deadline of April 24, 2015, for LegalZoom to

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notify the Court and Rocket Lawyer if the completion of discovery was unlikely by

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May 19, 2015, and to file a request seeking the extension of that deadline.

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NOW, based on the above, PLEASE TAKE NOTICE:

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1.

LegalZoom has been diligently pursuing the following third party

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discovery: LegalZoom has taken the depositions of Elizabeth Ferguson, Jennifer

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Mazzon, and Alan Hungate. LegalZoom also issued two deposition subpoenas for

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records and/or testimony to Google and Michael Margolis, a principal at Google

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Ventures, pursuant to the parties stipulation and order signed on November 10, 2014,

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by Judge Feess. LegalZoom has diligently sought the whereabouts of Katherine K

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(Kramer), a former employee of Google. LegalZoom has found that she is currently a

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graduate student at Stanford University, and is working to serve her with a deposition

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subpoena.

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2.

LegalZoom filed two motions to compel compliance with a subpoena

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against Google, in the Northern District of California, and against Michael Margolis,

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in the Western District of Washington.

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3.

The motion to compel against Google was denied on March 23, 2015,

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which required LegalZoom to pursue an appeal from that denial. That appeal is still

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pending. In addition, the Western District of Washington issued a stay of its

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STATUS REPORT CONCERNING THIRD PARTY DISCOVERY AND REQUEST FOR ADDITIONAL
EXTENSION OF COURT DEADLINES

1021810.1

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proceedings until the appeal in the Northern District of California is heard, and an

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Order is issued.

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4.

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Based on the status of LegalZoom’s discovery efforts against Google, it

is not possible that discovery will be completed by the May 19, 2015 Court deadline.

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THEREFORE,

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LegalZoom respectfully requests that the Court move the deadline to complete

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third party discovery by an additional 120 days (to September 16, 2015), subject to

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any further request for extension based on how that discovery progresses over the

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next few months.

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DATED: April 15, 2015

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GLASER WEIL FINK
HOWARD AVCHEN & SHAPIRO LLP
BY: _/s/ Fred D. Heather______

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PATRICIA L. GLASER
FRED D. HEATHER
AARON P. ALLAN

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Attorneys for Plaintiff
LegalZoom.com, Inc.

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STATUS REPORT CONCERNING THIRD PARTY DISCOVERY AND REQUEST FOR ADDITIONAL
EXTENSION OF COURT DEADLINES
1021810.1