Janson et al v. LegalZoom.com, Inc.

Filing 192

SUGGESTIONS in opposition re 150 MOTION in limine Regarding LegalZoom's Documents Disclosed After Discovery Deadline filed by James T. Wicks on behalf of Defendant LegalZoom.com, Inc.. Reply suggestions due by 8/26/2011 unless otherwise directed by the court (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 150 ) (Wicks, James)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
TODD JANSON, et al.,

Plaintiffs,
v.
LEGALZOOM.COM, INC.

Defendant.

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Case No. 10-04018-CV-C-NKL

PLAINTIFFS’ SUPPLEMENTAL DISCLOSURES
PURSUANT TO RULE 26(a)(1)
Plaintiffs make the following supplemental initial disclosures as required by Rule
26(a)(1)(A)(i) – (iv) of the Federal Rules of Civil Procedure:
I.
The name and, if known, the address and telephone number of each person individual
likely to have discoverable information – along with the subjects of that information – that the
disclosing party may use to support its claims or defenses, unless the use would be solely for
impeachment;
Disclosure: Each named Plaintiff has knowledge regarding the allegations in their
amended class-action petition. Plaintiffs may be contacted through counsel.

Michele Lawson. Her last known address is 120 Marble Ct., Troy, MO 63379. Michele
Lawson assisted Plaintiff Gerald Ardrey in using Defendant’s website.

John Smallwood, Smallwood Technologies, 1600 Southwest Blvd, Jefferson City,
Missouri 65109. Mr. Smallwood has knowledge of the Legalzoom website.

Any persons identified at any time by Defendant in its Rule 26 Disclosures.

EXHIBIT 5

II.
A copy – or a description by category and location – of all documents, electronically
stored information, and tangible things that the disclosing party has in its possession, custody or
control and may use to support its claims or defenses, unless the use would be solely for
impeachment;
Disclosure: Some of Plaintiffs have copies of the documents that Defendant prepared for
them. These documents include estate-planning documents, and documents related to entity
formation. Plaintiffs may have receipts that evidence their transactions with Defendant. Copies
of these documents have previously been provided to Defendant’s counsel.

Plaintiffs may also use any documents or things produced by Defendant in discovery in
this case.

Mr. Smallwood also has copies of screen shots and other information from Legalzoom’s
website which will be produced to defendant’s counsel.

III.
A computation of each category of damages claimed by the disclosing party – who must
also make available for inspection and copying as under Rule 34 the documents or other
evidentiary material, unless privileged or protected from disclosure, on which each computation
is based, including materials bearing on the nature and extent of injuries suffered;
Plaintiffs, individually, and on behalf of the putative class, claim all damages authorized
under the § 484.020.2 RSMo., including actual damages in the sum of the fees that Defendant
charged Plaintiffs and each member of the Plaintiffs’ Class, and treble damages in the sum of
three times these fees. Plaintiffs, individually, and on behalf of the putative class, claim all
damages authorized under § 427.025 RSMo., including actual damages in the sum of the fees
that Defendant charged Plaintiffs and each member of the Plaintiffs’ Class, attorney fees, and
punitive damages. The named Plaintiffs also seek appropriate compensation for having
performed the duties of class representative.

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Plaintiffs believe that Defendant has in its possession the records necessary to
substantiate Plaintiffs’ claims and assist in calculating damages. Absent these records, Plaintiffs
are unable to provide a computation of damages. Defendant has agreed it will provide damage
information through at least March 1, 2011 and plaintiff will provide a more specific calculation
after that information is received.

IV.
For inspection and copying as under Rule 34, any insurance agreement under which an
insurance business may be liable to satisfy all or part of a possible judgment in the action and to
indemnify or reimburse for payments made to satisfy the judgment.
Disclosure: None.

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_/s/_Timothy Van Ronzelen________
David T. Butsch, #37539
James J. Simeri, #52506
231 S. Bemiston Ave., Ste. 260
Clayton, MO 63105
314.863.5700, 314.863.5711 (fax)
[e-mail]
[e-mail]

Randall O. Barnes, #39884
RANDALL O. BARNES & ASSOCIATES
219 East Dunklin Street, Suite A
Jefferson City, Missouri 65101
573.634.8884, 573.635.6291 (fax)
[e-mail]

Timothy Van Ronzelen, #44382
Matthew A. Clement, #43833
Kari A. Schulte, #57739
COOK, VETTER, DOERHOFF &
LANDWEHR, PC
231 Madison
Jefferson City, Missouri 65101
573.635.7977, 573.635.7414 (fax)
[e-mail]
[e-mail]
[e-mail]
Steven E. Dyer, #45397
LAW OFFICES OF STEVEN DYER
10850 Sunset Office Drive, Ste. 300
St. Louis, MO 63127
314.898.6715
[e-mail]

Edward D. Robertson, Jr., # 27183
Mary Doerhoff Winter, # 38328
BARTIMUS, FRICKLETON,
ROBERTSON & GORNY
715 Swifts Highway
Jefferson City, MO 65109
573.659.4454, 573.659.4460 (fax)
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I certify that on March 1, 2011, served this paper by e-mail as follows:
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)

_/s/Timothy Van Ronzelen______

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