Janson et al v. LegalZoom.com, Inc.

Filing 14

MOTION for extension of time to file answer filed by John Michael Clear on behalf of LegalZoom.com, Inc.. Suggestions in opposition/response due by 3/1/2010 unless otherwise directed by the court. (Clear, John)

Janson et al v. LegalZoom.com, Inc.

Doc. 14

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION TODD JANSON, GERALD T. ARDREY, CHAD M. FERRELL, and C & J REMODELING, on behalf of themselves and on behalf of all others similarly situated, Plaintiff, Case No. 2:10-cv-04018-NKL v. LEGALZOOM.COM, INC., Defendants. UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND Defendant LegalZoom.com, Inc. ("LegalZoom") respectfully moves this Court for an unopposed extension of time to move, plead, or otherwise respond in the above-captioned matter. In support of its motion, LegalZoom states as follows: 1. On December 17, 2009, Plaintiff Todd Janson commenced this action by filing a

petition (the "Petition") against LegalZoom in the Circuit Court of Cole County, Missouri, captioned Todd Janson on behalf of Himself and all Missourians similarly Situated v. LegalZoom, Inc., No. 09AC-CC00737. On January 15, 2009, Mr. Janson and additional Plaintiffs Gerald T. Ardrey, Chad M. Ferrell and C & J Remodeling LLC filed an Amended Class-Action Petition captioned Todd Janson, Gerald T. Ardrey, Chad M. Ferrell and C & J Remodeling LLC, on behalf of themselves and on behalf of all others similarly situated v. Legalzoom.com, Inc., No. 09AC-CC00737 ("Amended Petition"). 2. LegalZoom was served with the Amended Petition on January 8, 2010.

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3.

The matter was timely removed to this Court from the Circuit Court of Cole

County, Missouri, on February 5, 2010. 4. Under the Federal Rules of Civil Procedure, LegalZoom's response to the

Amended Petition is currently due on February 12, 2010, seven days after the case was removed. Fed. R. Civ. P. 81(c)(2)(C). 5. The Amended Petition alleges that LegalZoom violated the Missouri statute

prohibiting the unauthorized practice of law, § 484.020, RSMo., and that this unauthorized practice of law violates the Missouri Merchandising Practices Act. (Amended Petition ¶¶ 3451.) The Amended Petition seeks, among other relief, refund of all monies paid to LegalZoom in the last five years "for the preparation of legal documents" by all customers residing in Missouri. Plaintiffs allege that certain of these customers are entitled to treble damages under § 484.020, RSMo. 6. The Amended Petition raises a number of legal and factual questions, and

LegalZoom requires additional time to address these issues in order to formulate a responsive pleading. 7. Plaintiffs' counsel has stated that Plaintiffs do not oppose this motion.

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WHEREFORE, Defendant LegalZoom, Inc. respectfully requests that this Court grant its motion for an extension of time up to and including February 26, 2010, to answer or otherwise respond to the Amended Petition.

Dated: February 11, 2010

Respectfully submitted, BRYAN CAVE LLP By: /s/ John Michael Clear John Michael Clear MO #25834 Michael G. Biggers MO #24694 James R. Wyrsch MO #53197 One Metropolitan Square ­ Suite 3600 211 North Broadway St. Louis, MO 63102 Tel.: [phone] Fax: [phone] Robert M. Thompson MO #38156 James T. Wicks MO #60409 One Kansas City Place 1200 Main Street, Suite 3500 Kansas City, MO 64105 Tel.: [phone] Fax: [phone] Attorneys for LegalZoom.com, Inc.

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CERTIFICATE OF SERVICE I hereby certify that on February 11, 2010, the foregoing was served by overnight mail on the individuals listed below and electronically with the Clerk of Court to be served by operation of the Court's electronic filing system upon all counsel of record. Timothy Van Ronzelen Matthew A. Clement Kari A. Schulte COOK, VETTER, DOERHOFF & LANDWEHR, PC 231 Madison Jefferson City, MO 65101 [e-mail] [e-mail] [e-mail] David T. Butsch James J. Simeri Mathew R. Fields BUTSCH SIMERI FIELDS LLC 231 South Bemiston Ave., Suite 260 Clayton, MO 63105 [e-mail] [e-mail] [e-mail] Edward D. Robertson, Jr. Mary Doerhoff Winter BARTIMUS, FRICKLETON, ROBERTSON & GORNY 715 Swifts Highway Jefferson City, MO 65109 [e-mail] [e-mail] Randall O. Barnes RANDALL O. BARNES & ASSOCIATES 219 East Dunklin Street, Suite A. Jefferson City, Missouri 65101 [e-mail] Steven E. Dyer 10805 Sunset Office Drive, Suite 300 St. Louis, MO 63127 [e-mail]

/s/ John Michael Clear

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