Janson et al v. LegalZoom.com, Inc.

Filing 124

SUGGESTIONS in support re 123 MOTION for discovery to Reopen Discovery and Compel Production filed by Timothy W. Van Ronzelen on behalf of Plaintiffs Gerald T. Ardrey, C & J Remodeling LLC, Chad M Ferrell, Todd Janson. (Related document(s) 123 ) (Van Ronzelen, Timothy)

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.

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Case No. 2:10-cv-04018-NKL

PLAINTIFFS’ SUGGESTIONS IN SUPPORT OF MOTION TO
RE-OPEN LIMITED DISCOVERY
AND COMPEL PRODUCTION

In this case, Plaintiffs allege that Defendant engages in the unauthorized practice of law
in the State of Missouri by preparing legal documents for Missouri consumers without being
properly licensed to do so. In discovery in this case, Plaintiffs requested and received
advertisements that Defendant published or aired describing what it does. For example, one of
Defendant’s founders, Robert Shapiro, states in a television advertisement aired nationwide that
“we’ll [LegalZoom] prepare your legal documents and deliver them directly to you.” See,
Plaintiffs’ Suggestions in Opposition to LegalZooms Motion for Summary Judgment (Doc. 113),
Plaintiffs’ Additional Undisputed Material Fact 4., pp. 39-40. Despite this clear statement from
one of its founders, Defendant takes the position in its Motion for Summary Judgment that
consumers prepare their own legal documents at LegalZoom.com and it is nothing more than a
fill in the blank “form” provider. See, Suggestions in Support of Defendant’s Motion for
Summary Judgment (Doc. 91).
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As more specifically set forth in the Affidavit attached as Exhibit A to this Motion, one
of Plaintiffs’ counsel heard an advertisement for Defendant on a nationally syndicated radio
program that specifically encouraged consumers to use LegalZoom.com because they would not
get a “fill in the blank” document, but rather Defendant provides “personalized” documents legal
documents to consumers. Because this advertisement goes directly to the heart of Defendant’s
claims in its Motion for Summary Judgment, Plaintiffs contacted Defendant’s counsel and asked
that the advertisement be produced. Defense counsel refused citing that discovery was closed.
Plaintiffs respectfully suggest that even though discovery is closed, Defendant is under a
duty pursuant to Fed.R.Civ.P. 26(e) to supplement its earlier document production with this
advertisement. Further, this limited request goes to the heart of one of the defenses asserted and
is not burdensome. It will not cause any delay in the case. Therefore, Plaintiffs seek an order
compelling production of this advertisement.

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: [phone]
Facsimile: 573-635-7414
[e-mail]
[e-mail]
[e-mail]
and

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Edward D. Robertson, Jr., # 27183
Mary Doerhoff Winter, # 38328
BARTIMUS, FRICKLETON, ROBERTSON
& GORNY
715 Swifts Highway
Jefferson City, MO 65109
Telephone: [phone]
Facsimile: 573 659-4460
[e-mail]
[e-mail]

David T. Butsch, # 37539
James J. Simeri, #52506
BUTSCH SIMERI FIELDS LLC
231 S. Bemiston Ave., Ste. 260
Clayton, MO 63105
Telephone: [phone]
Facsimile: 314-863-5711
[e-mail]
[e-mail]

Randall O. Barnes, #39884
RANDALL O. BARNES & ASSOCIATES
219 East Dunklin Street, Suite A
Jefferson City, Missouri 65101
Telephone: [phone]
Facsimile: 573-635-6291
[e-mail]

Steven E. Dyer, #45397
LAW OFFICES OF STEVEN DYER
10850 Sunset Office Drive, Ste. 300
St. Louis, MO 63127
Telephone: [phone]
[e-mail]

ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I certify that on June 17, 2011, I served this paper upon the following via this Court’s
ECF system:

Party

Defendant
LegalZoom.com, Inc.

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)
John Michael Clear
Michael Biggers
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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 __

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