Janson et al v. LegalZoom.com, Inc.

Filing 63

MOTION for order Order for Notice and Publication filed by Matthew A. Clement on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/17/2011 unless otherwise directed by the court. (Attachments: # 1 Exhibit)(Clement, Matthew)

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’ MOTION FOR APPROVAL OF CLASS NOTICE AND TO
DIRECT DEFENDANT TO PROVIDE CLASS CONTACT INFORMATION
Come now, Plaintiffs, by and through counsel, and hereby move this Court for an Order
approving the proposed Notice attached hereto as Exhibit 1 to be sent to the class and approving
the proposed distribution plan for class notice more fully set forth in Plaintiffs’ Suggestions in
Support of this Motion. In further support of this Motion, Plaintiffs state as follows:
1.

The Court granted Plaintiffs’ Motion for Class Certification on December 14,

2010. See, Document No. 61.
2.

Plaintiffs propose a detailed Notice in the form attached hereto as Exhibit 1 be

provided to the class advising the members of their rights and options for being excluded from
the class. See, Proposed Class Notice attached hereto as Exhibit 1. The proposed Notice
includes all of the requirements contained in Fed. R. Civ. P. 23(c)(2).

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3.

As more fully set forth in the Suggestions in Support of this Motion (which are

incorporated herein by this reference), Plaintiffs propose to appoint Epiq Legal Noticing, a
division of Epiq Systems to disseminate the Class Notice by sending the detailed notice to all
class members by e-mail, as that is the manner in which Defendant delivered the documents at
issue to the class. In addition, any e-mails which are returned as undeliverable will result in the
detailed notice being mailed via U.S. Mail to the mailing address defendant provides for any
such class member. Finally, plaintiffs request the Court allow class counsel to maintain a web
site whereby class members can obtain the primary pleadings and Orders issued by this Court, as
well as provide some answers to frequently asked questions, so that the class can quickly and
efficiently obtain information about the issues in this case.
4.

Finally, Plaintiffs request that the Court direct Defendant to provide them with

contact information, including e-mail addresses, for the class members in a useable format.
WHEREFORE, Plaintiffs respectfully request this Court grant Plaintiffs’ Motion for
Approval of Class Notice and to Direct Defendant to Provide Class Contact Information, as more
fully set forth in the Suggestions in Support of this Motion filed herewith, in addition to such
other and further relief as this Court deems just and proper.

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Respectfully submitted;

___/s/ Matthew A. Clement__________________
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

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
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CERTIFICATE OF SERVICE
I certify that on January 31, 2011, I served this paper upon the following via this Court’s
ECF system:

Party

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)

Defendant
LegalZoom.com, Inc.

John Michael Clear
Michael Biggers
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/Matthew A. Clement___________

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