Janson et al v. LegalZoom.com, Inc.

Filing 164

MOTION in limine to Exclude Advertising Under Federal Rules of Evidence 402 and 403 filed by Robert M. Thompson on behalf of LegalZoom.com, Inc.. Suggestions in opposition/response due by 8/19/2011 unless otherwise directed by the court. (Thompson, Robert)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
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,
Plaintiffs,
Case No. 2:10-cv-04018-NKL
v.
LEGALZOOM.COM, INC.,
Defendant.

DEFENDANT LEGALZOOM.COM, INC.’S MOTION IN LIMINE TO
EXCLUDE ADVERTISING UNDER FEDERAL RULES OF EVIDENCE 402 AND 403
Defendant LegalZoom.com, Inc. (“LegalZoom”) hereby moves to exclude evidence
concerning the company’s advertisements. LegalZoom requests that the Court prohibit plaintiffs
from presenting any LegalZoom ads at trial. In support of this Motion, LegalZoom states as
follows:
1.

LegalZoom’s advertisements are irrelevant to the factual determination of the

central issue of this case — how LegalZoom’s online process actually works. FED. R. EVID. 401,
402.
2.

Even if they were relevant, the advertisements would be prejudicial, are likely to

confuse or mislead the jury, and will cause undue delay and waste of time. FED. R. EVID. 403.
3.

Further, the content of the advertisements is not relevant to plaintiffs’ claim under

the Missouri Merchandising Practices Act. Inclusion of the ads on that count also would be
cumulative. FED. R. EVID. 402, 403.

WHEREFORE, for all the foregoing reasons and for all the reasons stated in
LegalZoom’s Suggestions in Support of Motion in Limine to Exclude Advertising Under Federal
Rules of Evidence 402 and 403, LegalZoom respectfully requests that the Court prohibit
plaintiffs from presenting at trial any documentary, audio, or video evidence pertaining to
LegalZoom’s advertising.
Respectfully submitted,
BRYAN CAVE LLP
By: s/ Robert M. Thompson
Robert M. Thompson
MO #38156
James T. Wicks
MO #60409
Christopher C. Grenz
MO #62914
One Kansas City Place
1200 Main Street, Suite 3500
Kansas City, MO 64105
Tel.: [phone]
Fax: [phone]
John Michael Clear
MO #25834
Michael G. Biggers
MO #24694
One Metropolitan Square – Suite 3600
211 North Broadway
St. Louis, MO 63102
Tel.: [phone]
Fax: [phone]
Attorneys for LegalZoom.com, Inc.

CERTIFICATE OF SERVICE
I hereby certify that on August 2, 2011, I electronically filed the above and foregoing
with the clerk of court using the CM/ECF system, which will send notice of electronic filing to
all counsel of record.

s/ Robert M. Thompson

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C072748/0306506/1045538.1