Janson et al v. LegalZoom.com, Inc.

Filing 197

MOTION for order Approving Class Action Settlement filed by Matthew A. Clement on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/17/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Clement, Matthew)

IN THE UNITED STATES DISTRICT COURT
FOR THE 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

JOINT MOTION FOR PRELIMINARY APPROVAL
OF CLASS ACTION SETTLEMENT AGREEMENT

Come now the parties, by and through their respective counsel, and move for an Order
granting preliminary approval of a class action settlement reached in the above referenced matter
that resolves all of the claims on behalf of the class previously certified in this matter (See, Doc.
# 61). A true and accurate copy of the parties’ executed Settlement Agreement is attached hereto
as Exhibit 1 and is incorporated herein by this reference. More specifically, the parties jointly
request the Court find as follows:
1.

That the proposed settlement and release, the terms of which are fully set forth in

the Settlement Agreement, are fair, reasonable and adequate and are preliminarily approved,
subject to a final fairness hearing and final approval.
2.

That the settlement applies to the certified class defined as follows:
All persons and other entities resident within the State of Missouri
who were charged and paid fees to LegalZoom for the preparation
of legal documents from December 17, 2004 to May 20, 2011.

The class does not include purchasers of the following products: blank fillable forms, design
patents, full patents, patent searches, provisional patents (Self-Help), trademarks, trademark

monitoring and trademark searches. Further, the class does not include those who previously
received a full refund of their purchase amount from LegalZoom, or those who properly opt-out
of this settlement.
3.

That subject to final approval, the prerequisites of Fed. R. Civ. P. 23 are met with

respect to the defined class and the settlement.
4.

That the proposed manner of dissemination and content of the Notice specified in

the Settlement Agreement and in Exhibits A and B thereto provides the best practicable notice to
members of the class under the circumstances and satisfies the requirements of due process and
that such notice must be disseminated to the class within 60 days from the date of any Order
approving this Motion.
5.

That the Court set a date at least 120 days from the date of any Order approving

this Motion for a final approval hearing on the fairness and reasonableness of the proposed
settlement and whether final approval should be granted, and further, on the application for fees
and expenses by counsel for the class.
6.

That the Court set a date 100 days from any Order approving this Motion by

which any potential class members must opt out of the Settlement if they do not wish to
participate, using the process set forth in Section V.E. of the Settlement Agreement. The notice
of elections to opt-out will not be filed with the Court.
7.

That any class members who wish to object to the settlement must submit an

objection in writing to the Clerk of the United States District Court for the Western District of
Missouri, Central Division no later than 100 days following the entry of any Order approving
this Motion. Any objection must include the name and number of the case and a statement of the
reason why the objector believes that the Court should find that the proposed settlement is not in

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the best interests of the class.

Objectors who have filed timely written objections to the

settlement and who wish to appear at the final approval hearing must also file with the Clerk a
notice of intent appear at the hearing and appear at the final approval hearing. No person, other
than named parties, may be heard at the fairness hearing, or file briefs or papers in connection
therewith, unless such person has filed with the Court a timely written objection, filed a notice of
intent to appear and otherwise fully complied with all the terms specified in the Notice. Any
member of the class who did not make his or her objection to the settlement in the manner
provided in the Notice shall be deemed to have waived any such objection. At least 7 days prior
to the Fairness Hearing, the parties may file responses to any properly asserted objections.
8.

That at least 10 days prior to the Fairness Hearing, the Claims Administrator shall

file a written report with the Court confirming that the notice requirements have been met.
9.

That the Court preliminarily find all of the terms and provisions of the proposed

settlement, including the method of claim administration, terms pertaining to compensation to
class members and class representatives, non-monetary relief, expenses and attorneys fees, are
fair, reasonable and adequate subject to approval at the final fairness hearing.
WHEREFORE, the parties jointly respectfully request that the Court grant this Motion
for Preliminary Approval of Class Action Settlement, issue an Order of Approval making the
findings detailed herein and for such other and further relief as the Court deems proper under the
circumstances.

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/s/ Matthew A. Clement
Timothy Van Ronzelen
Matthew A. Clement
Kari A. Schulte
COOK, VETTER, DOERHOFF &
LANDWEHR
231 Madison
Jefferson City, MO 65101
Tel: [phone]
Fax: [phone]

/s/ James T. Wicks
Robert M. Thompson MO #38156
James T. Wicks
MO #60409
BRYAN CAVE LLP
One Kansas City Place
1200 Main Street, Suite 3500
Kansas City, MO 64105
Tel.: [phone]
Fax: [phone]

David T. Butsch
James J. Simeri
Mathew R. Fields
BUTSCH SIMERI FIELDS LLC
231 South Bemiston Ave., Suite 260
Clayton, MO 63105

Michael G. Biggers MO #24694
James R. Wyrsch
MO #53197
BRYAN CAVE LLP
One Metropolitan Square – Suite 3600
211 North Broadway
St. Louis, MO 63102
Tel.: [phone]
Fax: [phone]

Edward D. Robertson, Jr.
Mary Doerhoff Winter
BARTIMUS, FRICKLETON, ROBERTSON
& GORNY
715 Swifts Highway
Jefferson City, MO 65109

ATTORNEYS FOR DEFENDANT
LEGALZOOM.COM, INC.

Randall O. Barnes
RANDALL O. BARNES & ASSOCIATES
219 East Dunklin Street, Suite A.
Jefferson City, MO 65101
Steven E. Dyer
10805 Sunset Office Drive, Suite 300
St. Louis, MO 63127
ATTORNEYS FOR PLAINTIFFS

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