LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 22

STIPULATION for Order Regarding Mediation and Stay of Discovery filed by the Parties LegalZoom.com Inc, Rocket Lawyer Incorporated. (Attachments: # 1 Proposed Order)(Hainline, Forrest)

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Forrest A. Hainline III (SBN 64166)
[e-mail]
Anna Hsia(SBN 234179)
[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]
Attorneys for Defendant
ROCKET LAWYER INCORPORATED

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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,
v.
ROCKET LAWYER
INCORPORATED, a Delaware
corporation,

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Defendant.

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LIBA/2389200.1

Case No. 2:12-cv-09942-GAF-AGR
STIPULATION REGARDING
MEDIATION AND STAY OF
DISCOVERY
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Judge:
Courtroom:

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

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IT IS HEREBY STIPULATED AND AGREED, by and between on the

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one hand, LegalZoom.com, Inc. (“LegalZoom”), and on the other hand, Rocket

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Lawyer Incorporated (“Rocket Lawyer”) (collectively, the “Parties”) through their

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attorneys, as follows:

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1.

The Parties will mediate all claims and counterclaims before Magistrate
Judge Jay C. Gandhi.

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2.

Discovery will be stayed pending mediation.

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3.

The Parties will exchange the following information on or before April
30, 2013:

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a.

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Rocket Lawyer shall provide LegalZoom with:
i.

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The number of customers converted from advertisements

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using the term “free” but not stating “plus state filing fees”

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or the equivalent, and triggered by LegalZoom brand

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terms versus not triggered by LegalZoom brand terms on

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Google, Bing and Yahoo for the period beginning October

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12, 2011, to March 25, 2013; and
ii.

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Estimated revenue from customers converted from

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advertisements using the term “free” but not stating “plus

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state filing fees” or the equivalent, and triggered by

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LegalZoom brand terms.
b.

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LegalZoom shall provide Rocket Lawyer with:
i.

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The number of customers converted from advertisements

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including the term “free” (including, “Don’t Trust Free”)

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but not stating or referencing state filing fees or the

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equivalent, and triggered by Rocket Lawyer brand terms

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on Google, Bing, and Yahoo for the period beginning

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October 12, 2011 to March 25, 2013;
ii.

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LIBA/2389200.1

The number of users directed to LegalZoom’s website
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from www.legalspring.com via its unique URL from

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October 12, 2011 to the present;
iii.

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customers from October 12, 2011 to the present; and

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iv.

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The commissions paid to www.legalspring.com from
October 12, 2011 to the present.

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The net revenue generated from www.legalspring.com

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Mediation will occur no less than ten (10) days and no more than thirty

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(30) days after the exchange of information. If, despite their good faith

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efforts, the Parties are unable to schedule mediation within thirty days

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of the exchange of information, they may extend this schedule by

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mutual agreement.

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5.

Should the case proceed beyond mediation, discovery shall resume.

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Responses to previously-served discovery shall be served within thirty

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(30) days after the conclusion of mediation.

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6.

The Parties agree that the settlement privilege shall apply to the

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mediation, and the Parties will otherwise maintain confidentiality of the

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mediation.

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LIBA/2389200.1

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Dated: April 8, 2013

Respectfully submitted,

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By: /s/ Forrest A. Hainline III
Forrest A. Hainline III
[e-mail]
Anna Hsia
[e-mail]
Hong-An Vu
[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: April 8, 2013

Respectfully submitted,

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By: /s/ Fred D. Heather
Patricia L. Glaser
[e-mail]
Fred D. Heather
[e-mail]
Mary Ann T. Nguyen
[e-mail]
GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO
LLP
10250 Constellation Boulevard, 19th
Floor
Los Angeles, California 90067
Tel. [phone]
Fax. [phone]

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Attorneys for Defendant
LEGALZOOM.COM, INC.

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LIBA/2389200.1

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