Janson et al v. LegalZoom.com, Inc.

Filing 86

MOTION for order Excluding Expert Testimony filed by David T. Butsch on behalf of All Plaintiffs. Suggestions in opposition/response due by 4/25/2011 unless otherwise directed by the court. (Butsch, David)

IN UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
TODD JANSON, et al., on behalf of
themselves and on behalf of all others
similarly situated,

Plaintiffs,
v.
LEGALZOOM.COM, INC.

Defendant.

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Case No. 2:10-cv-04018-NKL

PLAINTIFFS’ MOTION TO EXLUDE EXPERT TESTIMONY
Plaintiffs move for an order excluding the testimony of Defendant LegalZoom.com,
Inc.’s designated expert, Burnele Venable Powell, at trial. In support of their motion, Plaintiffs
state:
1.

On February 15, 2011, Defendant LegalZoom produced a report containing the

opinions of its sole designated expert, law professor Burnele Venable Powell. (The report is
attached to Plaintiffs Suggestions as Exhibit 1).
2.

Professor Powell’s report consists of his opinions as to what conduct constitutes

the unlawful practice of law and what the law should be. Furthermore, his report discusses
various subjects, including the history of the regulation of the practice of law, the history of legal
“self-help,” and the alternatives to a prohibition on use of computerized forms.

3.

Professor Powell’s opinions on the law and how it should be applied in this case

usurp the role of the Court and will not assist the trier of fact to understand the evidence or
determine a fact in issue, all in violation of Rule 702 of the Federal Rules of Evidence.
4.

Further, the various subjects of Professor Powell’s report and testimony to be

given at trial fail to meet the relevancy test of Rule 401 of the Federal Rules of Evidence and
should therefore be excluded.
5.

For the reasons more fully set forth in Plaintiffs Suggestions in Support of Motion

to Exclude Expert Testimony, Plaintiffs seek an order excluding the testimony of Professor
Powell at trial.
WHEREFORE, Plaintiffs move for an order of this Court excluding the testimony of
Burnele Venable Powell at trial and that provides all other relief that is just.

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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]

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

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]

Steven E. Dyer, #45397
LAW OFFICES OF STEVEN DYER
10850 Sunset Office Drive, Ste. 300
St. Louis, MO 63127
314.898.6715
[e-mail]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I certify that on April 8, 2011, I filed the foregoing with the Clerk of the Court using the
CM/ECF system. The system sent notification of this filing to the following:
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/ David T. Butsch

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