LegalZoom.com Inc v. Rocket Lawyer Incorporated

Filing 46

Joint STIPULATION to Continue the Trial and Discovery Dates set in Court's October 6, 2013 Order for Good Cause filed by Plaintiff LegalZoom.com Inc. (Attachments: # 1 Proposed Order)(Heather, Fred)

1
2
3
4
5
6
7
8

PATRICIA L. GLASER - State Bar No. 55668
[e-mail]
FRED D. HEATHER - State Bar No. 110650
[e-mail]
MARY ANN T. NGUYEN – State Bar No. 269099
[e-mail]
GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LegalZoom.com, Inc.

9

UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11

WESTERN DIVISION

12
13

LEGALZOOM.COM, INC., a Delaware
corporation

14

Plaintiff,

15

v.

16

ROCKET LAWYER INCORPORATED,
a Delaware corporation

17

Defendant.

18

Case No. 2:12-cv-09942-GAF-AGR
JOINT STIPULATION TO
CONTINUE THE TRIAL AND
DISCOVERY DATES SET IN THE
COURT’S OCTOBER 6, 2013
ORDER FOR GOOD CAUSE
Judge:
Courtroom:

19

Street

20

90012

21

Action Filed:

Judge Gary A. Feess
740
255 East Temple
Los Angeles, CA
November 20, 2012

22
23
24
25
26
27
28
JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

Defendant Rocket Lawyer Incorporated (“Rocket Lawyer”) and Plaintiff

1
2

LegalZoom, Inc. (“LegalZoom”), by and through their respective counsel of record,

3

hereby agree and stipulate as follows:

4

1.

LegalZoom filed its original Complaint on November 20, 2012.

5

2.

Rocket Lawyer filed its Answer and Counterclaims on December 17,

3.

LegalZoom answered Rocket Lawyer’s Counterclaims and filed its First

6

2012.

7
8

Amended Complaint (“FAC”) on January 7, 2013.

9

4.

Rocket Lawyer answered the FAC on February 11, 2013.

10

5.

On March 11, 2013, Rocket Lawyer served interrogatories, requests for

11

production, and requests for admission.
6.

12
13

production, and requests for admission.
7.

14
15

8.

9.

On April 10, 2013, the Court entered an order staying discovery pending

mediation.
10.

20
21

On or about April 9, 2013, the parties agreed to mediate the case and

agreed to stay all discovery deadlines pending mediation.

18
19

On April 8, 2013, the parties filed their Rule 26(f) Joint Report of

Counsel agreeing on case deadlines as required by the Court’s scheduling order.

16
17

On March 12, 2013, LegalZoom served interrogatories, requests for

On April 11, 2013, the Court entered its Case Management and

Scheduling Order in this case.
11.

22

Beginning in April of 2013 and continuing up to August 22, 2013, the

23

parties engaged in good faith efforts to mediate and settle this action with the

24

assistance of a mediator. The parties met for mediation on May 28, 2013, and

25

conferred for several hours; however, no settlement was reached. Also during this

26

period, the parties continued to discuss settlement with the assistance of the mediator,

27

as well as arranged meetings between the principals of the parties and exchanged

28
JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

1

additional settlement demands. As a result of these efforts, discovery remained

2

stayed throughout the negotiation period.
12.

3
4

On August 22, 2013, after a final exchange of settlement demands, the

parties decided to terminate the mediation effort.

5

13.

On September 4, 2013, Plaintiff filed a motion for summary judgment.

6

14.

On September 23, 2013, the parties responded to the written discovery.

7

15.

After reviewing each other’s discovery responses, the parties conferred

8

and agree that additional time is necessary to complete discovery.
16.

9
10

On October 2, 2013, the parties jointly stipulated to an extension of the

Court’s April 11, 2013 Scheduling Order deadlines by approximately 120 days.
17.

11

On October 6, 2013, the Court entered an order granting the parties’ joint

12

stipulation to continue the trial and discovery dates set in the Court’s April 11, 2013

13

Scheduling Order.
18.

14
15

After full briefing by the parties, the Court issued a ruling on Plaintiff’s

Summary Judgment Motion on October 17, 2013.
19.

16

Since October 2013 and continuing now, the parties have been

17

supplementing their discovery requests and responses and engaging in third-party

18

discovery.
20.

19
20

effort to resolve various discovery issues and disputes.
21.

21
22

The parties have also met and conferred on numerous occasions in an

Having reduced a significant number of discovery disputes, the parties

will commence rolling document productions on January 24, 2014.
22.

23

The parties now agree that an additional extension of the Court’s

24

Scheduling Order by at least 60 days is required to permit the parties to complete fact

25

and expert discovery and properly prepare for trial.
23.

26

Trial of this case is currently scheduled to begin on July 1, 2014, and—as

27

shown in the table provided below—this Stipulation and Proposed Order is filed more

28

than a week in advance of any deadlines in this case.
JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

1

NOW, THEREFORE, Rocket Lawyer and LegalZoom hereby stipulate and

2

agree that all deadlines be extended approximately 60 days, and agree to modify the

3

Court’s Scheduling Order as follows:

4
5

Matter

Current
Deadline

Trial
Estimated length: 4-5 days

July 1, 2014 at
8:30 a.m.

Hearing on Motions
in Limine; Hearing on
Disputed Jury Instructions
File Findings of
Fact and Conclusions of Law;
Hearing on Motions in Limine
Pretrial Conference; Motions
in Limine to be filed;
Proposed Voir Dire Qs
Lodged and Agreed−to
Statement of Case
Lodge Pretrial Conf. Order;
File Memo of Contentions of
Fact and Law; Exhibit &
Witness Lists; File Status
Report re Settlement; File
Agreed Upon Set of Jury
Instructions and Verdict
Forms; File Joint Statement re
Disputed Instructions,
Verdicts, etc.
Last date to conduct
Settlement Conference
Last day for hearing motions
Discovery cut−off
[Note: Expert disclosure no
later than 70 days prior to this
date.]

June 23, 2014

–1

June 23, 2014

–1

September 29,
2014

June 2, 2014

–4

September 8,
2014

May 19, 2014

–6

August 18, 2014

April 21, 2014

–8

August 11, 2014

April 14, 2014
April 7, 2014

–9
–10

July 1, 2014
June 24, 2014

6
7

Weeks
before
trial

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Proposed New
Deadline
October 6, 2014
or as soon
thereafter as the
Court’s calendar
permits
September 29,
2014

JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

1
2

IT IS SO STIPULATED:

3

Dated: January 21, 2014

4
5
6
7
8
9

By: /s/Hong-An Vu (with permission)
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]

10

Michael T. Jones (SBN 290660)
[e-mail]
GOODWIN PROCTER LLP
135 Commonwealth Drive
Menlo Park, California 94025-1105
Tel.: [phone]
Fax.: [phone]

11
12
13
14
15

Attorneys for Defendant
ROCKET LAWYER INCORPORATED

16
17
18
19

Dated: January 21, 2014

20
21
22
23
24
25
26
27

By: /s/ Mary Ann T. Nguyen
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]

28
JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

Fax.: [phone]

1
2

Attorneys for Plaintiff
LEGALZOOM.COM, INC.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY DATES SET IN THE COURT’S
OCTOBER 6, 2013 ORDER FOR GOOD CAUSE
850313.2

1

CERTIFICATE OF SERVICE

2

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3

I am employed in the County of Los Angeles, State of California; I am over the
4

age of 18 and not a party to the within action; my business address is 10250
5

Constellation Boulevard, 19th Floor, Los Angeles, California 90067.
6

On January 21, 2014, I electronically filed the following document(s) using the
7

CM/ECF system.
8

JOINT STIPULATION TO CONTINUE THE TRIAL AND DISCOVERY
9

DATES SET IN THE COURT’S OCTOBER 6, 2013 ORDER FOR GOOD

10

CAUSE
11

Participants in the case are registered CM/ECF users and will be served by the
12

CM/ECF system.
13

I declare that I am employed in the office of a member of the bar of this court at
14

whose direction the service was made. I declare under penalty of perjury that the
15

above is true and correct.
16

Executed on January 21, 2014at Los Angeles, California.
17
18

/s/ Fred Heather
Fred Heather

19
20
21
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE
850313.2