Janson et al v. LegalZoom.com, Inc.

Filing 123

MOTION for discovery to Reopen Discovery and Compel Production filed by Timothy W. Van Ronzelen on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/5/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit)(Van Ronzelen, Timothy)

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IN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION TODD JANSON, et al., on behalf of themselves and on behalf of all others similarly situated, Plaintiffs, v. LEGALZOOM.COM, INC. Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:10-cv-04018-NKL PLAINTIFFS’ MOTION TO RE-OPEN LIMITED DISCOVERY AND COMPEL PRODUCTION Come now, plaintiffs, by and through counsel, and state as follows for their Motion to Re-Open Discovery and Compel Production: 1. This Court entered a Scheduling Order in this case whereby discovery closed on March 9, 2011. See, Doc. Number 22. 2. The parties complied with this Scheduling Order and following discovery Defendant submitted a Motion for Summary Judgment and Plaintiffs submitted a Motion for Partial Summary Judgment, both of which are currently pending before this Court. 3. Defendant’s Motion for Summary Judgment is based largely on the argument that it does nothing more than provide a service akin to a “form” service where consumers purchase documents with blanks in them and fill in the blanks themselves. See, Legalzoom.com’s Suggestions In Support of Summary Judgment, Doc. No. 91. 4. In discovery, Plaintiffs requested advertisements from Defendant. Various 1 television, radio and internet advertisements through approximately January, 2011 were produced, and Plaintiffs inquired about them in depositions. In addition, Plaintiffs used some of this testimony and the advertisements in their Suggestions In Opposition to Defendant’s Motion for Summary Judgment. See, Doc. No. 113 (Plaintiffs’ Additional Uncontroverted Material Facts, 3. – 8., 12.). 5. One of Plaintiffs’ counsel recently heard an advertisement for Defendant in which, to the best of Plaintiffs’ counsel’s recollection, Defendant advertised that it offered services which were far in excess of a “fill in the blank form” and provided documents 0which were “personalized” to the user’s needs. See, VanRonzelen Affidavit, attached hereto as Exhibit A and incorporated herein by this reference. This advertisement was not previously produced and presumably was created and aired after the close of discovery in this case. 6. Counsel for Plaintiffs requested Defendant’s counsel produce a copy of the advertisement described above, but that request was refused. 7. Plaintiffs seek to re-open discovery for the limited purpose of compelling production of this single advertisement, as it is contrary to the position Defendant takes in its Motion for Summary Judgment and will presumably take at trial. Accordingly, it is extremely relevant to the issues in this case. 8. In making this limited request, Plaintiffs do not seek to stay any proceedings or cause any delay in the case or the trial of this matter. WHEREFORE, plaintiffs respectfully request this Court enter an Order requiring Defendant Legalzoom.com, Inc. to produce the advertisement referenced above and in Exhibit A, in addition to such other and further relief as this Court deems just and proper. 2 Respectfully submitted, ___/s/ Timothy W. Van Ronzelen ____ Timothy Van Ronzelen, #44382 Matthew A. Clement, #43833 Kari A. Schulte, #57739 COOK, VETTER, DOERHOFF & LANDWEHR 231 Madison Jefferson City, Missouri 65101 Telephone: 573-635-7977 Facsimile: 573-635-7414 tvanronzelen@cvdl.net mclement@cvdl.net kschulte@cvdl.net and Edward D. Robertson, Jr., # 27183 Mary Doerhoff Winter, # 38328 BARTIMUS, FRICKLETON, ROBERTSON & GORNY 715 Swifts Highway Jefferson City, MO 65109 Telephone: 573-659-4454 Facsimile: 573 659-4460 chiprob@earthlink.net marywinter@earthlink.net David T. Butsch, # 37539 James J. Simeri, #52506 BUTSCH SIMERI FIELDS LLC 231 S. Bemiston Ave., Ste. 260 Clayton, MO 63105 Telephone: 314-863-5700 Facsimile: 314-863-5711 butsch@bsflawfirm.com simeri@bsflawfirm.com Randall O. Barnes, #39884 RANDALL O. BARNES & ASSOCIATES 219 East Dunklin Street, Suite A Jefferson City, Missouri 65101 Telephone: 573-634-8884 Facsimile: 573-635-6291 rbarnesjclaw@aol.com Steven E. Dyer, #45397 LAW OFFICES OF STEVEN DYER 10850 Sunset Office Drive, Ste. 300 St. Louis, MO 63127 Telephone: 314-898-6715 jdcpamba@gmail.com ATTORNEYS FOR PLAINTIFFS 3 CERTIFICATE OF SERVICE I certify that on June 17, 2011, I served this paper upon the following via this Court’s ECF system: Party Counsel Robert M. Thompson James T. Wicks BRYAN CAVE LLP One Kansas City Place 1200 Main Street, Ste. 3500 Kansas City, MO 64105 816.374.3200, 816.374.3300 (fax) Defendant LegalZoom.com, Inc. John Michael Clear Michael Biggers James Wyrsch BRYAN CAVE LLP One Metropolitan Square – Ste. 3600 211 N. Broadway St. Louis, MO 63102 314.250.2000, 314.259.2020 (fax) ___/s/Timothy W. Van Ronzelen __ 4

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