Minute Entry. Proceedings held before District Judge Stephen R. Bough: MOTION HEARING held on 11/20/2023 re [1192] MOTION for order Preliminary Approval of Settlements filed by Jerod Breit, Hollee Ellis, Jeremy Keel, Rhonda Burnett, Frances Harvey. Written Order to follow. Time in court: 8:59 a.m. to 9:05 a.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
SUGGESTIONS in support re [1192] MOTION for order Preliminary Approval of Settlements (Supplemental Suggestions) filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Affidavit Jennifer Keough)(Related document(s)[1192]) (Dirks, Eric)
ORDER granting [1314], [1316] & [1317] motion to appear pro hac vice entered by Clerk of Court. Attorney Robert A. Braun, Benjamin D. Brown and Marc M. Seltzer for Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano and Amy Winger. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Motion to allow Marc M. Seltzer to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8723178) filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Exhibit A-Court Admissions)(Boulware, Brandon)
Motion to allow Benjamin D. Brown to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8723147) filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Exhibit A-Court Admissions)(Boulware, Brandon)
ORDER granting [1312] and [1313] motion to appear pro hac vice entered by Clerk of Court. Attorney Steve W. Berman and Rio S. Pierce for Jerod Breit, Rhonda Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, and Jeremy Keel allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
Motion to allow Robert A. Braun to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8722420) filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Exhibit A-Court Admissions)(Boulware, Brandon)
Motion to allow Rio S. Pierce to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8722274) filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Boulware, Brandon)
Motion to allow Steve W. Berman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8722261) filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Exhibit Attachment A-Admissions)(Boulware, Brandon)
ORDER granting [1310] Joint Motion for Vacatur of Clerk's Judgment and Entry of Briefing Schedule (Doc. #1310). Signed on 11/14/23 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
Joint MOTION to vacate [1296] Clerk's Judgment AND FOR ENTRY OF BRIEFING SCHEDULE FOR POST-TRIAL MOTIONS filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 11/28/2023 unless otherwise directed by the court. (Attachments: # (1) Proposed Order)(Related document(s)[1296]) (MacGill, Robert)
ORDER granting [1303], [1304], [1305], [1306], [1307], and [1308] motion to appear pro hac vice entered by Clerk of Court. Attorney Samuel Dawson Adkisson, Gregg J. Costa, Christopher D. Dusseault, Julian Wolfe Kleinbrodt, Harry R.S. Philips, and Cynthia Richman for HomeServices of America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
Motion to allow Cynthia Richman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712500) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Motion to allow Harry R.S. Philips to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712496) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Motion to allow Julian Wolfe Kleinbrodt to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712491) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Motion to allow Christopher D. Dusseault to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712486) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Motion to allow Gregg J. Costa to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712485) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Motion to allow Samuel Dawson Adkisson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8712479) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
ORDER granting [1301] motion to appear pro hac vice entered by Clerk of Court. Attorney Theodore J. Boutrous Jr. for HomeServices of America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Motion to allow Theodore J. Boutrous, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8704299) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
ORDER granting [1298] & [1299] motions to appear pro hac vice entered by Clerk of Court. Attorneys Aaron D. Van Oort and Kevin P. Wagner for Realogy Holdings Corp. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Lock, Tania)
Motion to allow Kevin P. Wagner to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8703396) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
Motion to allow Aaron D. Van Oort to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8703352) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
NOTICE OF HEARING:Hearing on [1192] MOTION for Preliminary Approval of Settlements set for 11/20/2023 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 11/6/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
1296
Filed: 11/1/2023, Entered: 11/1/2023
clerk's judgment
**VACATED SEE ORDER ENTERED 11/14/23 DOC. 1311**CLERK'S JUDGMENT. (Murphy-Carr, Shauna) (Main Document 1296 replaced on 11/1/2023 to correct listed defendants - NEF regenerated) (Murphy-Carr, Shauna). Modified on 11/14/2023 (Diefenbach, Tracy).
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL - Day 13 completed on 10/31/2023. Time in court: 9:08 a.m. to 12:13 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Murphy-Carr, Shauna)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: DAY TWELVE OF JURY TRIAL held on 10/30/2023. Time in court: 8:00 am to 4:55 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Diefenbach, Tracy)
Before the Court is Defendant Keller Williams Realty, Inc.'s and the HomeServices Defendants' Motion to Include Jury Instruction on Missouri State Law Authorizing Commission Sharing. (Doc. #1276.) On October 27, 2023, the Court presided over a jury instruction conference with the parties. Based on Plaintiffs' arguments and for the reasons stated on the record, the motion is DENIED. Signed on 10/30/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
NOTICE of filing of Deposition Designations by Keller Williams Realty, Inc. (Attachments: # (1) Cary Sylvester Deposition Designations, # (2) Ashley Kelm Deposition Designations)(Kully, David)
OBJECTIONS (non motions) by Re/Max LLC re [1280] Objections (non motion) . Related document: [1280] Objections (non motion) filed by National Association of Realtors, Keller Williams Realty, Inc.. (Attachments: # (1) Exhibit A)(Hasdoo, Eddie)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/27/2023. Time in court: 8:00 a.m. to 5:11 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Murphy-Carr, Shauna)
Before the Court is Keller Williams Realty, Inc.'s Motion to Preclude Plaintiffs from Playing Deposition Videos during Closing Arguments. (Doc. #1279.) Based upon the arguments, the Motion is granted. Signed on 10/27/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
NOTICE of filing THE HOMESERVICES DEFENDANTS1 NOTICE OF JOINDER OF DOC. 1280 AND ADDITIONAL OBJECTION by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. re [1280] Objections (non motion) (MacGill, Robert)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/26/2023. Time in court: 7:58 am to 5:15 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Diefenbach, Tracy) (Main Document 1283 replaced on 10/27/2023) (Diefenbach, Tracy). Modified on 10/27/2023 replaced with corrected minutes. Notice regenerated. (Diefenbach, Tracy).
MOTION for order Prohibit Playing Deposition Videos During Closing Arguments filed by David C. Kully on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 11/9/2023 unless otherwise directed by the court. (Kully, David)
Before the Court is the Defendant National Association of Realtors' Rule 50(a) Motion for Judgment as a Matter of Law. (Doc. #1273.) Judgment as a matter of law is appropriate when "the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the [non-moving] party." Fed. R. Civ. P. 50(a). "[T]he court must then deny the motion if reasonable persons could differ as to the conclusions to be drawn from the evidence." Bayes v. Biomet, Inc., 55 F.4th 643, 648 (8th Cir. 2022) (quoting Ryan Data Exch., Ltd. v. Graco, Inc., 913 F.3d 726, 733 (8th Cir. 2019)). The Court finds that Plaintiffs have presented sufficient evidence that a reasonable jury could find for Plaintiffs. Thus, it is hereby ORDERED that the motion is DENIED. Signed on 10/26/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
NOTICE of filing THE HOMESERVICES DEFENDANTS NOTICE OF JOINDER OF DOC. 1276 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. re [1276] MOTION for order Jury Instruction on Missouri State Law (MacGill, Robert)
MOTION for order Jury Instruction on Missouri State Law filed by David C. Kully on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 11/9/2023 unless otherwise directed by the court. (Kully, David)
SUGGESTIONS in support re [1273] MOTION for judgment as a matter of law (Corrected) filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Related document(s)[1273]) (Glass, Ethan)
**WITHDRAWN ON 10/26/2023**SUGGESTIONS in support re [1273] MOTION for judgment as a matter of law filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Related document(s)[1273]) (Glass, Ethan) Modified on 10/27/2023 (Diefenbach, Tracy).
MOTION for judgment as a matter of law filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 11/8/2023 unless otherwise directed by the court. (Glass, Ethan)
Before the Court is the HomeServices Defendants' Motion for Mistrial. (Doc. #1265.) "The court may, on motion, grant a new trial on all or some of the issues and to any party... after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court[.]" Fed. R. Civ. P. 59(a)(1)(A). "Whether to grant a new trial under Fed. R. Civ. P. 59(a) 'is confided almost entirely to the exercise of discretion on the part of the trial court.'" Sunshine Pyrotechnics Co., LTD v. Hale Fireworks, LLC, No. 6:17-CV-3033-BCW, 2023 WL 3033502, at *1 (W.D. Mo. Mar. 20, 2023) (quoting Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)). "A mistrial is a drastic remedy and ought not to be resorted to unless there has been an error so prejudicial that justice could not be served by continuing in the trial and there is no other method by which the prejudice can be removed." Underwood v. Colonial Penn Ins. Co., 888 F.2d 588, 590 (8th Cir. 1989) (quotation omitted). The Court finds that mistrial is too drastic a remedy under the current circumstances, and by instructing the jurors to disregard all references to the Inman article, instructing the jurors to disregard any references to the salary of any NAR executive or anyone else, and polling the jury to confirm that no juror has read or seen any recent media coverage, the Court sufficiently removed the prejudice, if any, incurred. Further, the Court finds that Defendants failed to timely object to the video exhibit properly used for impeachment purposes. Thus, it is hereby ORDERED that the motion is DENIED. Signed on 10/25/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/25/2023. Time in court: 7:58 a.m. to 4:29 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
Before the Court is the Defendant Keller Williams Realty, Inc.'s Rule 50(a) Motion for Judgment as a Matter of Law. (Doc. #1267.) Judgment as a matter of law is appropriate when the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the [non-moving] party." Fed. R. Civ. P. 50(a). "[T]he court must then deny the motion if reasonable persons could differ as to the conclusions to be drawn from the evidence." Bayes v. Biomet, Inc., 55 F.4th 643, 648 (8th Cir. 2022) (quoting Ryan Data Exch., Ltd. v. Graco, Inc., 913 F.3d 726, 733 (8th Cir. 2019)). The Court finds that Plaintiffs have presented sufficient evidence that a reasonable jury could find for Plaintiffs. Thus, it is hereby ORDERED that the motion is DENIED. Signed on 10/25/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
SUGGESTIONS in opposition re [1265] MOTION for new trial THE HOMESERVICES DEFENDANTS1 MOTION FOR MISTRIAL AND FOR COSTS AND FEES UNDER 28 U.S.C. § 1927 OR, IN THE ALTERNATIVE, FOR LIMITING INSTRUCTION AND TO STRIKE--Plaintiffs' Opposition to Defendants' Motion for Mistrial (Doc. 1265) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Reply suggestions due by 11/8/2023 unless otherwise directed by the court. (Related document(s)[1265]) (McCreight, Scott)
SUGGESTIONS in support re [1267] MOTION for judgment as a matter of law filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Related document(s)[1267]) (Buchanan, David)
MOTION for judgment as a matter of law filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 11/8/2023 unless otherwise directed by the court. (Buchanan, David)
Before the Court is the HomeServices Defendants' Rule 50(a) Motion for Judgment as a Matter of Law. (Doc. #1261.) Judgment as a matter of law is appropriate when "the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the [non-moving] party." Fed. R. Civ. P. 50(a). "[T]he court must then deny the motion if reasonable persons could differ as to the conclusions to be drawn from the evidence." Bayes v. Biomet, Inc., 55 F.4th 643, 648 (8th Cir. 2022) (quoting Ryan Data Exch., Ltd. v. Graco, Inc., 913 F.3d 726, 733 (8th Cir. 2019)). The Court finds that Plaintiffs have presented sufficient evidence that a reasonable jury could find for Plaintiffs. Thus, it is hereby ORDERED that the motion is DENIED. Signed on 10/25/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
MOTION for new trial THE HOMESERVICES DEFENDANTS1 MOTION FOR MISTRIAL AND FOR COSTS AND FEES UNDER 28 U.S.C. § 1927 OR, IN THE ALTERNATIVE, FOR LIMITING INSTRUCTION AND TO STRIKE filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 11/8/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M)(MacGill, Robert)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/24/2023. Time in court: 7:54 a.m. to 5:02 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/23/2023. Time in court: 8:00 a.m. to 5:03 p.m.. To order a transcript of this hearing please contact Gayle Wambolt. (Borneman, Sara)
SUGGESTIONS in support re [1261] MOTION for judgment as a matter of law filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s)[1261]) (MacGill, Robert)
MOTION for judgment as a matter of law filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 11/6/2023 unless otherwise directed by the court. (MacGill, Robert)
Before the Court is the HomeServices Defendants' Motion to Admit in Evidence Plaintiffs Admissions, or, in the Alternative, for Curative Instruction. (Doc. #1257.) The Court finds that evaluating HomeServices' relationship with the Missouri subsidiaries, ReeceNichols and BHH KC, under a binding arbitration agreement requires a different legal analysis than when evaluating HomeServices' relationship with the subsidiaries under the Sherman Antitrust Act. Thus, upon review and based upon the arguments set forth by Plaintiffs in their brief and in open Court, it is hereby ORDERED that the Motion is DENIED. Signed on 10/23/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
NOTICE of filing UNREDACTED VERSION OF DOC 1257 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. re [1257] MOTION for order ADMIT IN EVIDENCE PLAINTIFFS ADMISSIONS, OR, IN THE ALTERNATIVE, FOR CURATIVE INSTRUCTION - redacted version; clean version emailed to Court cc counsel (MacGill, Robert)
SUGGESTIONS in opposition re [1257] MOTION for order ADMIT IN EVIDENCE PLAINTIFFS ADMISSIONS, OR, IN THE ALTERNATIVE, FOR CURATIVE INSTRUCTION - redacted version; clean version emailed to Court cc counsel--Plaintiffs' Opposition to HomeServices' Motion to Admit Briefing and Argument as Evidence (Doc. 1257) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Reply suggestions due by 11/6/2023 unless otherwise directed by the court. (Related document(s)[1257]) (McCreight, Scott)
MOTION for order ADMIT IN EVIDENCE PLAINTIFFS ADMISSIONS, OR, IN THE ALTERNATIVE, FOR CURATIVE INSTRUCTION - redacted version; clean version emailed to Court cc counsel filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 11/6/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit 7500, # (2) Exhibit 7501, # (3) Exhibit 7502, # (4) Exhibit 7503, # (5) Exhibit 7504)(MacGill, Robert)
NOTICE of filing --Plaintiffs' Notice of Withdrawal of David Liniger and Jay Papasan as Witnesses to be Called by Videotaped Deposition by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel (McCreight, Scott)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/20/2023. Time in court: 8:00 a.m. to 4:45 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/19/2023. Time in court: 10:30 a.m. to 4:57 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
Before this Court is Defendant HomeServices Motion in Limine to Exclude Evidence of Purported Conspiracies with Subsidiaries (Doc. #1249). For the reasons discussed in Order #1236, this Motion is denied. Signed on 10/19/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
SUGGESTIONS in opposition re [1249] MOTION in limine THE HOMESERVICES DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT RELATED TO PURPORTED CONSPIRACIES BETWEEN HOMESERVICES OF AMERICAS SUBSIDIARIES AND REAL ESTATE AGENTS AND THE SUBSIDIARIES UNILATERAL CONDUCT WITH RESPE -- Plaintiffs' Opposition to HomeServices' Motion In Limine (Doc. 1249) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Reply suggestions due by 11/1/2023 unless otherwise directed by the court. (Related document(s)[1249]) (McCreight, Scott)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/18/2023. Time in court: 8:00 a.m. to 4:54 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
MOTION in limine THE HOMESERVICES DEFENDANTS MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT RELATED TO PURPORTED CONSPIRACIES BETWEEN HOMESERVICES OF AMERICAS SUBSIDIARIES AND REAL ESTATE AGENTS AND THE SUBSIDIARIES UNILATERAL CONDUCT WITH RESPECT TO COMMISSIONS filed by Jay N. Varon on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 11/1/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit Proposed Order)(Varon, Jay)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/17/2023. Time in court: 8:00 a.m. to 5:19 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/16/2023. Time in court: 7:57 a.m. to 3:14 p.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara)
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Jury Trial set for 10/17/2023 - 11/3/2023 08:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. For Daily Docketed purposes only.(Borneman, Sara)
1243
Filed: 10/16/2023, Entered: 10/16/2023
Order on Motion to Enforce Order/Judgment
Before the Court is the HomeServices Defendants' Motion to Enforce Court Order. (Doc. #1237.) Upon review and based upon the arguments set forth by Plaintiffs and for the reasons set forth in open court, it is hereby ORDERED that Defendants' motion is DENIED. Signed on 10/16/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara).
1242
Filed: 10/16/2023, Entered: 10/16/2023
Order
Before the Court is Plaintiffs' Supplemental Trial Brief on Defendants' Proposed Use of State Statutes and Regulations. (Doc. #1239.) Upon review and based upon the arguments set forth by plaintiff, it is hereby ORDERED that Defendants are prohibited from using state statutes and regulations as exhibits. Signed on 10/16/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
ORDER granting [1240] motion to appear pro hac vice entered by Clerk of Court. Attorney Ian T. Hampton for Home Services of America allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Motion to allow Ian T. Hampton to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8669507) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
Supplemental TRIAL BRIEF --Plaintiffs' Supplemental Trial Brief on Defendants' Proposed Use of State Statutes and Regulations by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
Before the Court are the parties' deposition designations and objections regarding Kevin Goffstein. All of Defendants' objections are overruled, except for: p. 33, lines 10 22; p. 34, lines 4-10; and p. 53, line 24-p. 54, line 2. Signed on 10/16/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
MOTION to enforce order/judgment MOTION TO ENFORCE COURT ORDER AT DOC 1236 filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/30/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A - Email request to strike, # (2) Exhibit B - Email refusal to strike, # (3) Exhibit C - Strandmo, # (4) Exhibit D - Warner, # (5) Exhibit E - Blefari, # (6) Exhibit F - Goffstein, # (7) Exhibit G - 2068, # (8) Exhibit H - 2069, # (9) Exhibit I - Ps' opening materials list (redacted to only show relevant line))(MacGill, Robert)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: JURY TRIAL held on 10/13/2023. Time in court: 9:23 a.m. to 11:39 a.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. (Borneman, Sara). Modified on 10/17/2023 to correct date (Crocker, Susan).
Before the Court is the HomeService Defendants' Objection and Motion in Limine. (Doc. #1223.) Upon review, the motion is GRANTED IN PART AND DENIED IN PART. The motion is denied in part and plaintiffs may present evidence regarding whether the HomeServices Defendants are truly independent centers of decisionmaking under American Needle, Inc. v. Natl Football League, 560 U.S. 183, 196-97 (2010). The court is mindful that [a] conspiracy requires a plurality of actors, and... no such plurality exists between a corporation and its wholly owned subsidiary corporation. City of Mt. Pleasant, Iowa v. Associated Elec. Co-op., Inc., 838 F.2d 268, 274 (8th Cir. 1988), so the motion is granted in part in that plaintiff shall be prohibited from introducing evidence regarding an intra-corporate conspiracy, or that the HomeServices Defendants are liable only because their sister subsidiaries hav[e] common officers and directors. (Doc. #1223, p. 1.) Signed on 10/13/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
NOTICE of filing -- Plaintiffs' Withdrawal of Counter Designations to be Played at Trial of Ashley Kelm by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel re [1165] DESIGNATION, (McCreight, Scott)
REPLY SUGGESTIONS to motion re [1223] MOTION in limine TO EXCLUDE (1) EVIDENCE RELATED TO WHOLLY OWNED SUBSIDIARIES HAVING COMMON OFFICERS AND DIRECTORS AND (2) EVIDENCE AND ARGUMENT IGNORING THE DISTINCTION BETWEEN SUBSIDIARIES AND THEIR PARENT filed by Jay N. Varon on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Exhibit Declaration of Debra Hood)(Related document(s)[1223]) (Varon, Jay)
Before the Court is Plaintiffs' Motion for Leave to File an Amended Exhibit List. (Doc. #1221.) On October 13, 2023, the Court presided over a conference with the parties. For the reasons stated on the record, the motion is GRANTED. It is further ORDERED that Plaintiffs shall file their amended exhibit list on or before October 14, 2023. The parties may consult the transcript for further details and/or clarification. Signed on 10/13/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
1229
Filed: 10/13/2023, Entered: 10/13/2023
Oral Argument
Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT held on 10/13/2023. Counsel appearing for Plaintiff(s): Michael Ketchmark, Scott McCreight, Brandon Bouleware. Counsel appearing for Defendant(s): Ethan Glass, Robert D MacGill, Timothy Ray. Time in court: 8:29 a.m. to 8:50 a.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
1228
Filed: 10/13/2023, Entered: 10/13/2023
Order
On October 13, 2023, the Court presided over a conference with the parties. For the reasons stated on the record, it is hereby ORDERED that Plaintiffs' Motion in Limine No. 18 is extended to all witnesses, prohibiting any mention of witnesses' net worth. The parties may consult the transcript for further details and/or clarification. Signed on 10/13/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
On October 13, 2023, the Court presided over a hearing with the parties regarding Plaintiffs' Unopposed Motion for Dismissal of State Law Claims Pled in the Third Amended Complaint. (Doc. #1142.) The Court preliminarily granted this motion and directed notice to be disseminated to the Class. No class members appeared during the hearing and no objections have been filed with the Court. Accordingly, Plaintiff' Motion is GRANTED. Signed on 10/13/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
SUGGESTIONS in opposition re [1223] MOTION in limine TO EXCLUDE (1) EVIDENCE RELATED TO WHOLLY OWNED SUBSIDIARIES HAVING COMMON OFFICERS AND DIRECTORS AND (2) EVIDENCE AND ARGUMENT IGNORING THE DISTINCTION BETWEEN SUBSIDIARIES AND THEIR PARENT- Plaintiffs' Opposition to HomeServices' Motion In Limine Regarding the Relationship Between its Parent and Subsidiary Entities (Doc. 1223) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Reply suggestions due by 10/27/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Frazier Depo)(Related document(s)[1223]) (McCreight, Scott)
DESIGNATION HomeServices Defendants' Objections to Plaintiffs' Deposition Designations of Kevin Goffstein and Counter-Designations by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Varon, Jay)
MOTION in limine TO EXCLUDE (1) EVIDENCE RELATED TO WHOLLY OWNED SUBSIDIARIES HAVING COMMON OFFICERS AND DIRECTORS AND (2) EVIDENCE AND ARGUMENT IGNORING THE DISTINCTION BETWEEN SUBSIDIARIES AND THEIR PARENT filed by Jay N. Varon on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/26/2023 unless otherwise directed by the court. (Attachments: # (1) Declaration of Jay N. Varon)(Attorney Jay N. Varon added to party BHH Affiliates, LLC(pty:dft), Attorney Jay N. Varon added to party HSF Affiliates, LLC(pty:dft))(Varon, Jay)
Before the Court is the HomeServices Defendants' Motion to Strike Plaintiffs' Video Deposition Designations of Kevin Goffstein to be Played at Trial. (Doc. #1217.) Upon review, the motion is DENIED. Signed on 10/12/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
MOTION for leave to file -- Plaintiffs' Motion for Leave to File Amended Exhibit List filed by Scott A McCreight on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/26/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Attachment 1- Chart, # (2) Notice of Exhibit Attachment Attachment 2- Corrected Amended Exhibit List)(McCreight, Scott)
SUGGESTIONS in opposition re [1217] MOTION to strike [1207] DESIGNATION, The HomeServices Defendants' Motion to Strike Plaintiffs' Video Deposition Designations of Kevin Goffstein to be Played at Trial-- Plaintiffs' Opposition to HomeServices' Motion to Strike Deposition Designations of Kevin Goffstein (Doc. 1217) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Reply suggestions due by 10/26/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1)(Related document(s)[1217]) (McCreight, Scott)
Amended PROPOSED WITNESS LIST by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors . (Buchanan, David)
MOTION to strike [1207] DESIGNATION, The HomeServices Defendants' Motion to Strike Plaintiffs' Video Deposition Designations of Kevin Goffstein to be Played at Trial filed by Jay N. Varon on behalf of HomeServices of America, Inc.. Suggestions in opposition/response due by 10/25/2023 unless otherwise directed by the court. (Related document(s)[1207]) (Varon, Jay)
Before the Court is Defendants' Motion to Reconsider Order Allowing Reference to Realogy and RE/MAX settlements. (Doc. #1211.) Upon review, the motion is DENIED. Motions for reconsideration "serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Robinson v. Midwest Div.-RMC, LLC, No. 4:19-CV-0934-SRB, 2020 WL 3317614, at *1 (W.D. Mo. June 18, 2020) (quoting Disc. Tobacco Warehouse, Inc. v. Briggs Tobacco & Specialty Co., No. 3:09-CV-05078-DGK, 2010 WL 3522476, at *1 (W.D. Mo. Sept. 2, 2010)). In Defendants' Opposition to Plaintiffs' Motion in Limine No. 26 (Doc. #1186), they failed to cite any case law supporting their position. Now, the motion to reconsider cites RightCHOICE Managed Care, Inc. v. Hosp. Partners, Inc., No. 5:18-CV-06037-DGK, 2021 WL 4258747, at *2 (W.D. Mo. Sept. 17, 2021), which is not a newly decided case. The Defendants could have easily cited RightCHOICE in their original opposition. Nonetheless, when considering Defendants motion to reconsider, the Court finds RightCHOICE distinguishable. In RightCHOICE, the defendants who went to trial could not be held jointly and severally liable. In this case, however, Defendants can be held jointly and severally liable for the settled defendants' damages, so the Court finds it necessary to allow some reference to Realogy's and RE/MAX's settlements. Signed on 10/11/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
1215
Filed: 10/11/2023, Entered: 10/11/2023
Order on Motion to Enforce Order/Judgment
Before the Court is Plaintiffs' Motion to Enforce Scheduling Order. (Doc. #1201.) Upon review, the motion is GRANTED IN PART AND DENIED IN PART. Based on the parties' agreement, the motion is granted as it pertains to Bonnie Sue Lovelace and Erin Peel, who were mistakenly included in Defendants' witness list. The motion is denied as it pertains to Ron Peltier, as he was listed on Plaintiffs' proposed witness list and Defendants reserved the right to call "[a]ny witness listed by Plaintiffs." (Doc. #1084, p. 3.). Signed on 10/11/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
REPLY SUGGESTIONS to motion re [1211] Joint MOTION for reconsideration re [1210] Order on Motion in Limine,,,,,, filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s)[1211]) (MacGill, Robert)
SUGGESTIONS in opposition re [1211] Joint MOTION for reconsideration re [1210] Order on Motion in Limine,,,,,, -- Plaintiffs' Opposition to Defendants' Motion to Reconsider (Doc. 1211) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey. Reply suggestions due by 10/25/2023 unless otherwise directed by the court. (Related document(s)[1211]) (McCreight, Scott)
Joint MOTION for reconsideration re [1210] Order on Motion in Limine,,,,,, filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/24/2023 unless otherwise directed by the court. (Related document(s)[1210]) (MacGill, Robert)
Before the Court is Plaintiffs' Motion in Limine No. 26. (Doc. #1160.) Upon review, the motion is GRANTED. "Federal Rule of Evidence 408 bars the admission of settlements 'to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction.'" United States v. Cameron-Ehlen Grp., Inc., No. 13-CV-3003 (WMW/DTS), 2023 WL 36174, at *15 (D. Minn. Jan. 4, 2023) (quoting Fed. R. Evid. 408(a)). "But district courts have broad discretion to admit or exclude evidence of settlements for other purposes." Id. "The Eighth Circuit interprets Rule 408 narrowly, explaining that it only applies to evidence of compromise offered to prove liability for or the amount of the claim that was compromised.'" Id. (quoting Dahlgren v. First Nat'l Bank of Holdrege, 533 F.3d 681, 699 (8th Cir. 2008)). Evidence of settlement with third parties has been deemed admissible when excluding such evidence could confuse the jury or invite speculation about the third party's absence." Id. Thus, the Court finds that the jury may hear evidence regarding RE/MAX LLC and Anywhere Real Estate, Inc. during the Court's preliminary jury instructions and in the jury instructions before closing arguments. However, there may be no mention of the amount of the settlements. The parties shall prepare an agreed upon jury instruction and submit to the court by October 12, 2023. Signed on 10/10/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
Amended PROPOSED WITNESS LIST by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel -- Plaintiffs' Second Amended Witness List. (McCreight, Scott)
Amended PROPOSED EXHIBIT LIST Plaintiffs' Amended Exhibit Index by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
DESIGNATION -- Plaintiffs' Video Deposition Designations of Kevin Goffstein to be Played at Trial by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Notice of Exhibit Attachment Exhibit A)(McCreight, Scott) Modified on 10/10/2023 to delete attachment 1 at filer's request. (Hanna, Jaime).
SUGGESTIONS in opposition re [1201] MOTION to enforce order/judgment -- Plaintiffs' Motion to Enforce Scheduling OrderHSDs' OPPOSITION TO PLAINTIFFS' ATTEMPT TO HIDE MR. PELTIER'S TESTIMONY FROM THE JURY filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Reply suggestions due by 10/23/2023 unless otherwise directed by the court. (Related document(s)[1201]) (MacGill, Robert)
STIPULATION -- Plaintiffs' Stipulation Regarding National Association of Realtors' Exhibits at Trial by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
DESIGNATION --Plaintiffs' Objections and Counter-Designations to Defendants' Depositions Designations for Scott Trupiano (Doc. 1183) by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Attachments: # (1) Notice of Exhibit Attachment Exhibit A, # (2) Notice of Exhibit Attachment Exhibit B, # (3) Notice of Exhibit Attachment Exhibit C)(McCreight, Scott)
MOTION to enforce order/judgment -- Plaintiffs' Motion to Enforce Scheduling Order filed by Scott A McCreight on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/20/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit A)(McCreight, Scott)
NOTICE of filing Plaintiffs' Notice of Withdrawal of Ron Peltier as a Witness to be Called by Videotaped Deposition by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (McCreight, Scott)
STIPULATION Plaintiffs' and Defendant Keller Williams Amended Stipulation Regarding Trial Exhibits by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
Before the Court is Plaintiffs' Motion to Strike Designation of David Stevens to Provide Expert Testimony. (Doc. #1181.) Upon review, the motion is GRANTED IN PART AND DENIED IN PART. The motion is granted in so far as Mr. Stevens can make no mention of the previously withdrawn witness, Mr. Doug Minor. It is denied in so far as Defendants can use Mr. Stevens' testimony to confirm mortgage and lending industry practices applicable to home purchasers seeking mortgages, and how changing the current practice of listing brokers offering compensation to buyer brokers would affect mortgage financing generally, cash constrained buyers and homeownership opportunities. (Doc. #1188-1, p. 5 6.). Signed on 10/6/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
1195
Filed: 10/6/2023, Entered: 10/6/2023
order on motion in limine
Before the Court is Plaintiffs' Agreed Motion in Limine No. 27. (Doc. #1182) Based upon agreement of the parties, the motion is GRANTED. Signed on 10/6/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
ORDER granting [1187] motion to appear pro hac vice entered by Clerk of Court. Attorney Barack S. Echols for Keller Williams Realty, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
MOTION for order Preliminary Approval of Settlements filed by Matthew Lee Dameron on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/19/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit Declaration of S. Berman, # (2) Exhibit Declaration of M. Dameron, # (3) Exhibit Berman Declaration Exhibit A, # (4) Exhibit Berman Declaration Exhibit B)(Dameron, Matthew)
STIPULATION Plaintiffs' and Defendant Keller Williams Stipulation Regarding Trial Exhibits by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
NOTICE of filing Plaintiffs' Notice of Intent to Offer Records of a Regularly Conducted Activity by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: # (1) Notice of Exhibit Attachment Declaration of RE/MAX, LLC)(McCreight, Scott)
SUGGESTIONS in opposition re [1181] MOTION to strike Plaintiffs' Motion to Strike Designation of David Stevens to Provide Expert Testimony filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Reply suggestions due by 10/19/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit Declaration of Jay N. Varon)(Related document(s)[1181]) (Fries, Brian)
Motion to allow Barack S. Echols to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8656587) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David)
NOTICE OF HEARING CANCELLATION - The Telephone Conference scheduled for 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
SUGGESTIONS in opposition re [1160] MOTION in limine Plaintifffs' Motion In Limine No. 26 filed by Ethan Glass on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. Reply suggestions due by 10/18/2023 unless otherwise directed by the court. (Related document(s)[1160]) (Glass, Ethan)
PROPOSED WITNESS LIST by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors UNDERSIGNED DEFENDANTS' OCTOBER 4th WITNESS LIST. (MacGill, Robert)
PROPOSED EXHIBIT LIST THE HOMESERVICES DEFENDANTS' OCTOBER 4th EXHIBIT INDEX by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (MacGill, Robert)
DESIGNATION UNDERSIGNED DEFENDANTS' DEPOSITION DESIGNATIONS FROM SCOTT TRUPIANO by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. (MacGill, Robert)
MOTION in limine Plaintiffs' Agreed Motion In Limine No. 27 filed by Scott A McCreight on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/18/2023 unless otherwise directed by the court. (McCreight, Scott)
MOTION to strike Plaintiffs' Motion to Strike Designation of David Stevens to Provide Expert Testimony filed by Scott A McCreight on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/18/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1)(McCreight, Scott)
REVISED PROPOSED JURY INSTRUCTIONS by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel -- Plaintiffs' Revised Proposed Jury Instructions and Verdict Form to Account for Settled Defendants. (Attachments: # (1) Notice of Exhibit Attachment Jury Instruction Edits for Settlements)(McCreight, Scott) Modified on 10/5/2023 to correct docket event (Crocker, Susan).
Before the Court is Plaintiffs' Unopposed Motion for Leave to File Excess Pages. (Doc. #1178.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiffs may file their Motion for Preliminary Approval of Settlements not exceeding forty (40) pages. Signed on 10/4/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
MOTION for leave to file excess pages filed by Matthew Lee Dameron on behalf of Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. Suggestions in opposition/response due by 10/18/2023 unless otherwise directed by the court. (Dameron, Matthew)
ELECTRONIC TRANSCRIPT of Teleconference held October 2, 2023, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 26. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 10/10/2023 unless otherwise directed by the court.Release of Transcript Restriction set for 1/3/2024. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 10/6/2023 09:00 AM in Chambers before District Judge Stephen R. Bough. Dial in information will be emailed to parties of record.(Borneman, Sara)
On October 2, 2023, the Court presided over a telephone conference with the parties. For the reasons stated on the record, and upon review of the parties' briefs, it is hereby ORDERED that: Plaintiffs' Motion in Limine Number 25 (Doc. #1115) is GRANTED; Defendants' Motion in Limine Number 19 (Doc. #1137) is GRANTED; Defendants' Motion in Limine Number 20 (Doc. #1143) is GRANTED; Defendants' Motion in Limine Number 21 (Doc. #1145) is DENIED; Defendants' Motion in Limine Number 22 (Doc. #1170) is DENIED; Plaintiffs' Notice of Withdrawal (Doc. #1163) is GRANTED, and Defendants Objection to Purported Withdrawal of Named Plaintiffs on the Eve of Trial and Motion to Strike (Doc. #1164) is DENIED; and Defendants' Motion to Enforce Pretrial Rulings (Doc. #1169) is GRANTED IN PART AND DENIED IN PART. The motion is DENIED regarding Mr. Gary Keller's testimony and GRANTED in all other respects based upon the parties agreement. Signed on 10/2/2023 by District Judge Stephen R. Bough. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 10/2/2023. Counsel appearing for Plaintiff(s): Michael Ketchmark. Counsel appearing for Defendant(s): Robert MacGill, Ethan Glass, Timothy Ray. Time in court: 9:01 a.m. to 9:40 a.m.. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
RESPONSE to Order re [1166] Order, Set Deadlines, Plaintiffs' Opposition to Defendants' Objection and Motion to Strike (Doc. 1164) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/17/2023 unless otherwise directed by the court. (Related document(s)[1166]) (McCreight, Scott)
SUGGESTIONS in opposition re [1170] MOTION in limine No. 22 by Keller Williams and the National Association of Realtors to Exclude Testimony from Defendants' Witnesses Regarding The Law, The Pleadings, and Legal Conclusions-- Plaintiffs' Opposition to Defendants' Motion In Limine No. 22 (Doc. 1170) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/16/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1)(Related document(s)[1170]) (McCreight, Scott)
SUGGESTIONS in opposition re [1169] MOTION to enforce order/judgment of Pre-Trial Rulings and Suggestions in SupportPlaintiffs' Response to Defendants' "Motion to Enforce Pretrial Rulings" (Doc. 1169) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/16/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1, # (2) Notice of Exhibit Attachment Exhibit 2, # (3) Notice of Exhibit Attachment Exhibit 3)(Related document(s)[1169]) (McCreight, Scott)
MOTION in limine No. 22 by Keller Williams and the National Association of Realtors to Exclude Testimony from Defendants' Witnesses Regarding The Law, The Pleadings, and Legal Conclusions filed by David C. Kully on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 10/16/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A -- Deposition Testimony to Be Excluded)(Kully, David)
MOTION to enforce order/judgment of Pre-Trial Rulings and Suggestions in Support filed by Ethan Glass on behalf of Keller Williams Realty, Inc., National Association of Realtors. Suggestions in opposition/response due by 10/13/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Glass, Ethan).
NOTICE to take deposition of Kevin Goffstein filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel.(Boulware, Brandon)
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 10/2/2023 09:00 AM in Chambers before District Judge Stephen R. Bough. Dial in information was emailed to parties of record.(Borneman, Sara)
1166
Filed: 9/28/2023, Entered: 9/28/2023
Order
ORDER that Plaintiffs shall file a response on or before October 2, 2023, to Defendants Objection to Purported Withdrawal of Named Plaintiffs on the Eve of Trial and Motion to Strike (Doc. #1164). Signed on y by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
DESIGNATION Plaintiffs' Counter Designations to be Played at Trial in Response to Defendants' Designated Deposition Testimony of Ashley Kelm by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (Ketchmark, Michael)
MOTION to strike [1163] Notice of filing DEFENDANTS OBJECTION TO PURPORTED WITHDRAWAL OF NAMED PLAINTIFFS ON THE EVE OF TRIAL AND MOTION TO STRIKE filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/12/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A)(Related document(s)[1163]) (MacGill, Robert)
NOTICE of filing Notice of Withdrawal - Scott Trupiano, Ryan Hendrickson, Scott Burnett by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Dirks, Eric).
NOTICE of filing Plaintiffs' Notice of Intent to Offer Records of a Regularly Conducted Activity by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: # (1) Notice of Exhibit Attachment Declaration of Anywhere Real Estate, Inc.)(McCreight, Scott)
NOTICE of filing Plaintiffs' Notice of Withdrawal of Jeffery Rothbart as Expert Witness by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (McCreight, Scott)
MOTION in limine Plaintifffs' Motion In Limine No. 26 filed by Scott A McCreight on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 10/10/2023 unless otherwise directed by the court. (McCreight, Scott)
SUGGESTIONS in opposition re [1143] MOTION in limine No. 20 to Exclude Evidence of Defendants' Financials--Plaintiffs' Opposition to Defendants' Motion In Limine No. 20 filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/10/2023 unless otherwise directed by the court. (Related document(s)[1143]) (McCreight, Scott)
SUGGESTIONS in opposition re [1137] MOTION in limine No. 19 to EXCLUDE TESTIMONY OF WITHDRAWN EXPERTSPlaintiffs' Opposition to Defendants' Motion In Limine No. 19 filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/10/2023 unless otherwise directed by the court. (Related document(s)[1137]) (McCreight, Scott)
Amended NOTICE to take deposition of Krista Wilson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
Amended NOTICE to take deposition of Mike Frazier filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
NOTICE to take deposition of Mike Frazier filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
NOTICE to take deposition of Krista Wilson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
DESIGNATION UNDERSIGNED DEFENDANTS' OBJECTIONS TO PLAINTIFFS' COUNTER DESIGNATIONS AND CONTINGENT ADDITIONAL DESIGNATION (O'Connor) by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. (MacGill, Robert)
SUGGESTIONS in opposition re [1145] MOTION in limine No. 21 TO EXCLUDE EVIDENCE RELATING TO ANYWHERE AND RE/MAXPlaintiffs' Suggestions in Opposition to Defendants' Motion In Limine No. 21 filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/5/2023 unless otherwise directed by the court. (Related document(s)[1145]) (McCreight, Scott)
REPLY SUGGESTIONS to motion re [1115] MOTION in limine Plaintiffs' Motion in Limine #25Plaintiffs' Reply Suggestions in Support of Their Motion In Limine No. 25 filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Related document(s)[1115]) (McCreight, Scott)
TRIAL BRIEF Plaintiffs' Trial Brief on Joint and Several Liability and Submission of Damages Relating to Transactions Involving Settled Defendants by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
OBJECTIONS (non motions) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [1126] Proposed Jury Instructions Plaintiffs' Objections to Defendants' Proposed Verdict Form. Related document: [1126] Proposed Jury Instructions filed by HSF Affiliates, LLC, Re/Max LLC, BHH Affiliates, LLC, National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc..(McCreight, Scott)
SUGGESTIONS in opposition re [1115] MOTION in limine Plaintiffs' Motion in Limine #25 filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. Reply suggestions due by 10/3/2023 unless otherwise directed by the court. (Related document(s)[1115]) (MacGill, Robert)
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument:FINAL CLASS APPROVAL set for 10/13/2023 08:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Borneman, Sara)
MOTION in limine No. 21 TO EXCLUDE EVIDENCE RELATING TO ANYWHERE AND RE/MAX filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. Suggestions in opposition/response due by 10/3/2023 unless otherwise directed by the court. (MacGill, Robert).
Before the Court is a Stipulation of Dismissal. (Doc. #1142.) Upon review, the Court preliminary approves the dismissal of Count III of Plaintiffs' Third Amended Complaint with prejudice and Count II of Plaintiffs' Third Amended Complaint with prejudice, except the MMPA claims of class members who engaged in transactions as sellers of real estate between April 29, 2014, and April 28, 2015, which the Court preliminary approves of dismissing without prejudice. The Court further ORDERS that notice be provided to the class in the form set forth in Exhibit A (Doc. #1142-1). The Court directs the parties to contact the Courtroom Deputy, Sara Borneman, to schedule a hearing for final approval of dismissing Plaintiffs' state law claims. Signed on 9/19/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
MOTION in limine No. 20 to Exclude Evidence of Defendants' Financials filed by Ethan Glass on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors. Suggestions in opposition/response due by 10/2/2023 unless otherwise directed by the court. (Glass, Ethan).
MOTION for Dismissal of State Law Claims Pled in the Third Amended Complaint by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 10/2/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit A)(Ketchmark, Michael) Modified on 9/19/2023 to correct docket event and set deadline (Crocker, Susan).
NOTICE to take deposition of Jen Davis filed by Michael S. Ketchmark on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Ketchmark, Michael)
Before the Court is a Notice of Settlement as to Defendant RE/MAX, LLC. (Doc. # 1138.) Accordingly, the deadlines in this case as they pertain to RE/MAX, LLC are hereby STAYED. Plaintiffs shall file a Motion for Preliminary Approval on or before October 18, 2023. Signed on 9/18/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
ELECTRONIC TRANSCRIPT of Pretrial Conference held September 8, 2023, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 109. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 9/25/2023 unless otherwise directed by the court.Release of Transcript Restriction set for 12/18/2023. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
NOTICE of settlement Notice of Pending Settlement and Joint Motion to Stay Case as to Defendant RE/MAX, LLC by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Ketchmark, Michael)
Set/Reset Deadlines as to [1142] MOTION for dismissal of state law claims pled in the third amended complaint. Suggestions in opposition/response due by 10/2/2023 unless otherwise directed by the court. (Crocker, Susan)
MOTION in limine No. 19 to EXCLUDE TESTIMONY OF WITHDRAWN EXPERTS filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. Suggestions in opposition/response due by 9/29/2023 unless otherwise directed by the court. (MacGill, Robert).
DESIGNATION Plaintiffs' Counter Designations to be Played at Trial in Response to Defendants' Designated Deposition Testimony of Linda O'Connor by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Ketchmark, Michael)
MANDATE of US COURT OF APPEALS as to [877] Notice of Appeal filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc. with mandate issued on 09/13/2023. (Terry, Jason)
DESIGNATION OF DEPOSITION TESTIMONY FROM LINDA O'CONNOR AS PER NOTICE AT DOC 1084 PARA 33 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. (MacGill, Robert)
On September 8, 2023, the Court presided over a pretrial conference with the parties. For the reasons stated on the record, and upon review of the parties' briefs, it is hereby ORDERED that the Plaintiffs' Omnibus Motions in Limine (Doc. #1081) are GRANTED IN PART and DENIED IN PART. Further, the Motions in Limine of Defendants (Doc. #1061; Doc. #1062; Doc. #1063; Doc. #1064; Doc. #1065; Doc. #1066; Doc. #1067; Doc. #1068; Doc. #1069; Doc. #1070; Doc. #1071; Doc. #1072; Doc. #1073; Doc. #1075; Doc. #1076; Doc. #1078; Doc. #1080) are GRANTED IN PART and DENIED IN PART. Plaintiffs' Motion to Strike Defendants' Undisclosed Witnesses (Doc. #1105) is GRANTED IN PART AND DENIED IN PART. Signed on 9/8/2023 by District Judge Stephen R. Bough. (Borneman, Sara)
Minute Entry. Proceedings held before District Judge Stephen R. Bough: FINAL PRETRIAL CONFERENCE held on 9/8/2023. Written Order to follow. Counsel appearing for Plaintiff(s): Michael Ketchmark, Scott McCreight, Brandon Bouleware. Counsel appearing for Defendant(s): Ethan Glass, Jay N. Varon, Robert D MacGill, David C. Kully, Timothy Ray, Jeffrey A LeVee, Eric Enson, Jean Paul Bradshaw, Georgina Inglis, Sarah M. Topol, Samantha Strauss. Time in court: 9:23 a.m. to 12:06 p.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
REPLY SUGGESTIONS to motion re [1105] MOTION to strike Plaintiffs' Motion to Strike Defendants' Undisclosed Witnesses filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Related document(s)[1105]) (Boulware, Brandon)
PROPOSED JURY INSTRUCTIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC PROPOSED MMPA INSTRUCTIONS. (MacGill, Robert)
PROPOSED JURY INSTRUCTIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC PROPOSED VERDICT FORM. (MacGill, Robert)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [1112] Suggestions in Opposition to Motion,,,,,,,,,,, Exhibit 5 (McCreight, Scott)
1124
Filed: 9/6/2023, Entered: 9/6/2023
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [1112] Suggestions in Opposition to Motion,,,,,,,,,,, Exhibit 4 (McCreight, Scott)
1123
Filed: 9/6/2023, Entered: 9/6/2023
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [1112] Suggestions in Opposition to Motion,,,,,,,,,,, Exhibit 3 (McCreight, Scott)
1122
Filed: 9/6/2023, Entered: 9/6/2023
Order on Motion for Leave to File Excess Pages
Before the Court is Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit. (Doc. #1104.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiffs may file omnibus oppositions to Defendants' motions in limine not exceeding forty (40) pages. Signed on 9/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
SUGGESTIONS in opposition re [1081] Omnibus MOTION in limine (Defendants' Omnibus Oppositions to Plaintiffs' Motions in Limine) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC. Reply suggestions due by 9/19/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A-J)(Related document(s)[1081]) (Webb, Danne)
STIPULATION [Joint Stipulation as to Authenticity and Admissibility of Exhibits] by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
Joint MOTION in limine Stipulated by Plaintiffs and Defendants filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 9/19/2023 unless otherwise directed by the court. (Webb, Danne) Modified on 9/11/2023 (Borneman, Sara).
Before the Court is Plaintiffs' Unopposed Motion for Leave to File Under Seal. (Doc. #[1108].) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiffs may file supporting exhibits to their opposition brief to Defendants' Motions in Limine under seal. Signed on 9/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
1117
Filed: 9/5/2023, Entered: 9/5/2023
Order
Before the Court is a Notice of Settlement as to Defendant Realogy Holdings Corp. (Doc. #[1107].) Accordingly, the deadlines in this case as they pertain to Realogy Holdings Corp. are hereby STAYED. Realogy Holdings Corp. is also excused from participating in the pretrial conference scheduled for September 8, 2023. Plaintiffs shall file a Motion for Preliminary Approval on or before October 5, 2023. Signed on 9/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Borneman, Sara)
NOTICE of appearance by Jean Paul Bradshaw, II on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. (Attorney Jean Paul Bradshaw, II added to party BHH Affiliates, LLC(pty:dft), Attorney Jean Paul Bradshaw, II added to party HSF Affiliates, LLC(pty:dft), Attorney Jean Paul Bradshaw, II added to party HomeServices of America, Inc.(pty:dft))(Bradshaw, Jean)
MOTION in limine Plaintiffs' Motion in Limine #25 filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 9/19/2023 unless otherwise directed by the court. (Dirks, Eric).
Before the Court is a Motion to Withdraw Defendants' Motion in Limine No. 16. (Doc. #[1106].) Upon review, the motion is GRANTED and Defendants' Motion in Limine No. 16 (Doc. #[1077]) is DENIED AS MOOT. Signed on 9/5/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
1113
Filed: 9/5/2023, Entered: 9/5/2023
Order
Before the Court are the parties' deposition designations and objections regarding Dana Strandmo. All objections are overruled, except for p. 112, lines 10 11. Signed on 9/5/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
1112
Filed: 9/5/2023, Entered: 9/5/2023
Suggestions in Opposition to Motion
SUGGESTIONS in opposition re [1077] MOTION in limine No. 16 to Exclude Imprecise References to RE/MAX and Keller Williams, [1064] MOTION in limine No. 4 to Exclude Irrelevant Judicial Decisions, [1063] MOTION in limine No. 3 to Exclude References to Government Investigations of NAR, [1080] MOTION in limine No. 18 TO EXCLUDE EVIDENCE RELATING TO NARS CLEAR COOPERATION POLICY, [1066] MOTION in limine No. 6 to Exclude Evidence of Unrelated Litigation, [1076] MOTION in limine No. 15 to Preclude Evidence Relating to Educational Materials Not Made Available in the United States, [1078] MOTION in limine No. 17 to Exclude Evidence and Testimony re Statements Made by Non-Party Concerning United Sates Antitrust Laws, [1069] MOTION in limine No. 9 to Exclude References to the Notes of Michelle Figgs, [1061] MOTION in limine No. 1 to Exclude Evidence of Changes to Rules of the NAR after April 29, 2019, [1075] MOTION for Order (SEALED) MOTION in limine No. 14 to Exclude Evidence of Unrelated Alleged Prior Conduct, [1070] MOTION in limine No. 10 to Exclude References to Certain Discussions of Commission Rates, [1067] MOTION in limine No. 7 to Exclude Certain Recorded Statements, [1071] MOTION in limine No. 11 to Exclude References to Settlement in Nosalek v. MLS Property Information Network, Inc., [1068] MOTION in limine No. 8 to Exclude References to Anywhere's Subsequent Remedial Measures, [1065] MOTION in limine No. 5 to Exclude Hearsay Statements in Government Reports, [1073] MOTION in limine No. 13 to Preclude Plaintiffs from Introducing Deposition Testimony for Witnesses Appearing Live, [1072] MOTION in limine No. 12 to Exclude Designation of Baseless Deposition Question About Prior Illegal Conduct and No Substantive Response, [1062] MOTION in limine No. 2 to Exclude Evidence Related to Discrimination in the Real Estate IndustryPlaintiffs' Consolidated Suggestions in Opposition to Defendants' Motions in Limine Nos. 1-18 (Doc.#1061-73,75-78,80) filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. Reply suggestions due by 9/19/2023 unless otherwise directed by the court. (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1, # (2) Notice of Exhibit Attachment Exhibit 2, # (3) Notice of Exhibit Attachment Exhibit 3, # (4) Notice of Exhibit Attachment Exhibit 4, # (5) Notice of Exhibit Attachment Exhibit 5)(Related document(s)[1077], [1064], [1063], [1080], [1066], [1076], [1078], [1069], [1061], [1075], [1070], [1067], [1071], [1068], [1065], [1073], [1072], [1062]) (McCreight, Scott)
ORDER granting [1109] and [1110] motion to appear pro hac vice entered by Clerk of Court. Attorney Sarah M. Topol and Georgina Inglis for National Association of Realtors allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
Motion to allow Georgina Inglis to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8606170) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
Motion to allow Sarah M. Topol to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8606166) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
MOTION for leave to file Under Seal (Unopposed) filed by Eric L. Dirks on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/19/2023 unless otherwise directed by the court. (Dirks, Eric)
NOTICE of settlement Notice of Pending Settlement and Joint Motion to Stay Case as to Realogy Holdings Corp. by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Ketchmark, Michael)
MOTION to withdraw Defendants' Motion in Limine No. 16 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, The Long & Foster Companies, Inc. re [1077] MOTION in limine No. 16 to Exclude Imprecise References to RE/MAX and Keller Williams (Hasdoo, Eddie) Modified on 9/5/2023 to correct docket entry (Houston, Kiambu).
MOTION to strike Plaintiffs' Motion to Strike Defendants' Undisclosed Witnesses filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 9/15/2023 unless otherwise directed by the court. (Dirks, Eric)
Consent MOTION for leave to file excess pages filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 9/15/2023 unless otherwise directed by the court. (Dirks, Eric)
Before the Court is Defendants' Unopposed Motion for Leave to Exceed Page Limit. (Doc. #1101.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Defendants may file omnibus oppositions to Plaintiffs motions in limine not exceeding forty (40) pages.Signed on 9/1/23 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
Before the Court are the parties' deposition designations and their objections to the other parties designations. (Doc. # 1053; Doc. #1054; Doc. #1079; Doc. #1086; Doc. #1089; Doc. #1090; Doc. #1091; Doc. #1092; Doc. #1093; Doc. #1094.) The Court's rulings on objections are not to be construed as rulings on motions in limine. The parties are directed to remove all objections from the portions of the depositions that will be played for the jury. The Court makes the following rulings. Signed on 9/1/23 by District Judge Stephen R. Bough. (Matthes Mitra, Renea)
Consent MOTION for leave to file excess pages on behalf of Defendants National Association of REALTORS, Realogy Holdings Corp., HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX, LLC and Keller Williams Realty, Inc. filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc.. Suggestions in opposition/response due by 9/15/2023 unless otherwise directed by the court. (Webb, Danne)
Set/Reset Deadlines as to [1106] MOTION to withdraw document. Suggestions in opposition/response due by 9/15/2023 unless otherwise directed by the court. (Houston, Kiambu)
PROPOSED EXHIBIT LIST by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
Joint PROPOSED JURY INSTRUCTIONS by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano . (Attachments: # (1) Notice of Exhibit Attachment Exhibit 1)(McCreight, Scott)
DESIGNATION Plaintiffs' Objections to Defendants' Designated Deposition Testimony, Counter-Designated Deposition Testimony and Additional Designated Testimony to be Played at Trial by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
DESIGNATION of Counter Designations and Objections to Plaintiffs' Counter Designations by Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Buchanan, David)
DESIGNATION of Objections to Plaintiffs' Designated Deposition Testimony and Counter Designations by Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Buchanan, David)
DESIGNATION of Non-HSA Defendants' Deposition Designations by Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Buchanan, David)
DESIGNATION PLAINTIFFS COUNTER DESIGNATIONS TO BE PLAYED AT TRIAL IN RESPONSE TO THE HOMESERVICES DEFENDANTS' COUNTER-DESIGNATED TESTIMONY by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
Before the Court is a Motion to Withdraw. (Doc. #1087.) For good cause shown, the motion is GRANTED. It is hereby ORDERED that Matthew Fisher is WITHDRAWN as counsel for Defendant Realogy Holdings Corp. Defendant shall continue to be represented by its other counsel of record. Signed on 8/25/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
MOTION to withdraw as attorney filed by Matthew Jason Fisher on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 9/8/2023 unless otherwise directed by the court. (Fisher, Matthew)
PROPOSED WITNESS LIST by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano . (Boulware, Brandon)
PROPOSED WITNESS LIST by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. . (Glass, Ethan)
CERTIFICATE OF SERVICE by National Association of Realtors of Second Supplement Initial Disclosures filed by Samantha Strauss on behalf of Defendant National Association of Realtors.(Strauss, Samantha)
NOTICE of filing of Defendants Notice of Withdrawal of Dan Sight, Stephen McWilliam and Walter Clements as Expert Witnesses by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. (Glass, Ethan)
Omnibus MOTION in limine filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(Dirks, Eric)
MOTION in limine No. 18 TO EXCLUDE EVIDENCE RELATING TO NARS CLEAR COOPERATION POLICY filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A - Schulman Dep. Excerpts, # (2) Exhibit B - Gansho Dep. Excerpts)(MacGill, Robert)
DESIGNATION PLAINTIFFS COUNTER DESIGNATIONS TO BE PLAYED AT TRIAL AND OBJECTIONS TO DEFENDANTS DESIGNATED DEPOSITION TESTIMONY by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Scott Trupiano. (McCreight, Scott)
MOTION in limine No. 17 to Exclude Evidence and Testimony re Statements Made by Non-Party Concerning United Sates Antitrust Laws filed by Danne Wayne Webb on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit)(Webb, Danne)
MOTION in limine No. 16 to Exclude Imprecise References to RE/MAX and Keller Williams filed by Danne Wayne Webb on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Webb, Danne)
MOTION in limine No. 15 to Preclude Evidence Relating to Educational Materials Not Made Available in the United States filed by Danne Wayne Webb on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Webb, Danne)
MOTION for Order (SEALED) , MOTION in limine No. 14 to Exclude Evidence of Unrelated Alleged Prior Conduct filed by Danne Wayne Webb on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A-H)(Webb, Danne)
CERTIFICATE OF SERVICE by Realogy Holdings Corp. of Amended Rule 26(a)(1) Disclosures filed by Stacey Anne Mahoney on behalf of Defendant Realogy Holdings Corp..(Mahoney, Stacey)
MOTION in limine No. 13 to Preclude Plaintiffs from Introducing Deposition Testimony for Witnesses Appearing Live filed by Danne Wayne Webb on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., National Association of Realtors, RE/MAX Holdings, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit)(Attorney Danne Wayne Webb added to party RE/MAX Holdings, Inc.(pty:dft))(Webb, Danne)
MOTION in limine No. 12 to Exclude Designation of Baseless Deposition Question About Prior Illegal Conduct and No Substantive Response filed by David R. Buchanan on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Buchanan, David)
MOTION in limine No. 11 to Exclude References to Settlement in Nosalek v. MLS Property Information Network, Inc. filed by David R. Buchanan on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit 1)(Buchanan, David)
MOTION in limine No. 10 to Exclude References to Certain Discussions of Commission Rates filed by David R. Buchanan on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Buchanan, David)
MOTION in limine No. 9 to Exclude References to the Notes of Michelle Figgs filed by David R. Buchanan on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit 1)(Buchanan, David)
MOTION in limine No. 8 to Exclude References to Anywhere's Subsequent Remedial Measures filed by Steven F. Molo on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Molo, Steven)
MOTION in limine No. 7 to Exclude Certain Recorded Statements filed by Steven F. Molo on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Molo, Steven)
MOTION in limine No. 6 to Exclude Evidence of Unrelated Litigation filed by Steven F. Molo on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Molo, Steven)
MOTION in limine No. 5 to Exclude Hearsay Statements in Government Reports filed by Steven F. Molo on behalf of All Defendants. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Molo, Steven)
MOTION in limine No. 4 to Exclude Irrelevant Judicial Decisions filed by Ethan Glass on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Glass, Ethan) Modified on 8/25/2023 to correct docket entry (Houston, Kiambu).
MOTION in limine No. 3 to Exclude References to Government Investigations of NAR filed by Ethan Glass on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Glass, Ethan) Modified on 8/25/2023 to correct docket entry(Houston, Kiambu).
MOTION in limine No. 2 to Exclude Evidence Related to Discrimination in the Real Estate Industry filed by Ethan Glass on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Glass, Ethan) Modified on 8/25/2023 to correct docket entry (Houston, Kiambu).
MOTION in limine No. 1 to Exclude Evidence of Changes to Rules of the NAR after April 29, 2019 filed by Ethan Glass on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp. Suggestions in opposition/response due by 9/7/2023 unless otherwise directed by the court. (Glass, Ethan) Modified on 8/25/2023 to correct docket text (Houston, Kiambu).
Before the Court is Defendant Re/Max, LLC's Motion for Leave to File Motion in Limine Under Seal. (Doc. #1058.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Defendant Re/Max LLC may file its Motion in Limine under seal. Signed on 8/23/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
Motion to File RE/MAX, LLC's Motion In Limine Under Seal filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 9/5/2023 unless otherwise directed by the court. (Webb, Danne) Modified on 8/23/2023 to update case access setting per the request of the filer. (Murphy-Carr, Shauna).
NOTICE of filing Plaintiff's Notice of Withdrawal of Douglas Minor as Expert Witness by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Dirks, Eric)
Before the Court is Plaintiffs' Unopposed Motion for Leave to Exceed Page Limits. (Doc. #1055.) Upon review, the motion is GRANTED. Accordingly, it is hereby ORDERED that Plaintiffs may file Omnibus Motions In Limine not exceeding forty (40) pages. Signed on 8/22/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
MOTION for leave to file excess pages Plaintiff's Unopposed Motion for Leave to Exceed Page Limit filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 9/5/2023 unless otherwise directed by the court. (Dirks, Eric)
DESIGNATION Plaintiff's Deposition Designations to be Played at Trail by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (McCreight, Scott)
DESIGNATION OF DEPOSITION TESTIMONY by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Exhibit A - HSDs' Deposition Designations, without waiver of arbitration rights)(MacGill, Robert)
ELECTRONIC TRANSCRIPT of Teleconference held August 4, 2023, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 9. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 8/16/2023 unless otherwise directed by the court.Release of Transcript Restriction set for 11/7/2023. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
On August 4, 2023, the Court presided over a telephone conference with the parties. For the reasons stated on the record, it is hereby ORDERED that the parties shall submit a joint proposed scheduling order to the Court via email on or before August 9, 2023. Signed on 8/4/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
1050
Filed: 8/4/2023, Entered: 8/4/2023
Telephone Conference
Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 8/4/2023. Time in court: 2:58 pm to 3:08 pm. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Strodtman, Tracy)
USCA Judgment and/or Opinion as to[877] Notice of Appeal filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc. This is a preliminary judgment and/or opinion of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. It is hereby ordered and adjudged that the judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. (Attachments: # (1) Opinion)(Terry, Jason)
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephone Conference set for 8/4/2023 at 03:00 PM before District Judge Stephen R. Bough. (Murphy-Carr, Shauna)
Minute Entry. Unrecorded Proceedings held by video teleconference before Magistrate Judge Willie J. Epps, Jr: Mediation held on 7/21/2023. Parties present by video teleconference. Case did not settle. Counsel appearing for Plaintiffs: Michael Ketchmark, Matt Dameron, Steve Berman, Brandon Boulware, and Marc Seltzer. Counsel appearing for Defendants: Ethan Glass and Charlie Lee (NAR), Stacey Mahoney, Steven Molo, and Ken Kliebard (Realogy), Robert MacGill and Brian Fries (HomeServices), Jeffrey LeVee, Danne Webb, Susie Winders, and Kristen Farmer (Re/Max), and Timothy Ray, David Kully, and Kendra Newman (Keller Williams). Time in court: 9:00 am to 2:00 pm. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
1045
Filed: 7/5/2023, Entered: 7/5/2023
Order on Motion for reconsideration
Before the Court is a Motion by Keller Williams Realty, Inc. to Reconsider Backup Trial Date. (Doc. #[1042].) Upon review, and for the reasons discussed in the Court's conference call on June 15, 2023, the motion is DENIED. Signed on 7/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna)
REPLY SUGGESTIONS in support re [1042] MOTION for reconsideration filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Related document(s)[1042]) (Buchanan, David) Modified on 6/30/2023 to correct docket entry (Houston, Kiambu).
RESPONSE to motion re [1042] MOTION for reconsideration Plaintiffs' Response to Keller Williams' Motion to Reconsider filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. Reply suggestions due by 7/12/2023 unless otherwise directed by the court. (McCreight, Scott)
MOTION for reconsideration filed by David R. Buchanan on behalf of Keller Williams Realty, Inc. Suggestions in opposition/response due by 7/11/2023 unless otherwise directed by the court. (Attorney David R. Buchanan added to party Keller Williams Realty, Inc(pty:dft))(Buchanan, David) Modified on 6/27/2023 to correct docket text only. NEF regenerated to all parties. (Kern, Kendra) Modified on 6/27/2023: Docket text corrected. NEF regenerated. (Melvin, Greg)
STATUS REPORT AND NOTICE OF UNITED STATES SUPREME COURT DECISION by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Coinbase Decision)(MacGill, Robert)
NOTICE OF VIDEO HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Mediation set for video teleconference on 7/21/2023 09:00 AM before Magistrate Judge Willie J. Epps, Jr. Parties are directed to review the MAP General Order docketed in this case. All persons with actual settlement authority are required to attend the mediation. Additionally, if an insurance representative's approval is required to settle, they must attend. Parties are also directed to submit a joint mediation statement, of no more than three (3) pages, to angel_geiser@mow.uscourts.gov at least three (3) business days prior to the mediation. (Geiser, Angel)
ELECTRONIC TRANSCRIPT of Status Hearing Teleconf. held 6/15/2023 before Judge Stephen R. Bough. Court Reporter: Annisa Justice, 816-512-5622, annisa_justice@mow.uscourts.gov. Number of pages: 14. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 6/22/2023 unless otherwise directed by the court.Release of Transcript Restriction set for 9/13/2023. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Justice, Annisa)
On June 15, 2023, the Court held a telephone conference. For the reasons stated on the record, it is hereby ORDERED: (1) February 26, 2024 shall be the backup trial date in this case to be utilized if necessary and (2) the Honorable Judge Epps will contact the parties to facilitate settlement conversations in this case. Signed on 6/15/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
1037
Filed: 6/15/2023, Entered: 6/15/2023
Status Conference
Minute Entry. Proceedings held before District Judge Stephen R. Bough: STATUS CONFERENCE held on 6/15/2023. Order to be entered. Time in court: 10:00 a.m. to 10:15 a.m. To order a transcript of this hearing please contact Annisa Justice, 816-512-5622, annisa_justice@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
1036
Filed: 6/12/2023, Entered: 6/12/2023
Notice of hearing
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Telephonic Status Conference set for 6/15/2023 at 10:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
Upon review of the docket sheet, HomeServices was directed to file a status update regarding the pending appeal to the Eighth Circuit every thirty days from the issuance of this Court's prior order (Doc. #916). Accordingly, it is hereby ORDERED that HomeServices file a status report on or before June 13, 2023. Signed on 6/5/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
Before the Court is Defendants Motion to Certify the Courts Per Se Determination for Immediate Appeal Under 28 U.S.C. § 1292(b). (Doc. [1024] ) Upon review, the motion is DENIED. See White v. Nix, 43 F.3d 374, 376 (8th Cir. 1994) (A motion for certification must be granted sparingly, and the movant bears the heavy burden of demonstrating that the case is an exceptional one in which immediate appeal is warranted.). Signed on 1/27/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
REPLY SUGGESTIONS to motion re [1024] MOTION for order Certifying the Court's December 16, 2022 Order For Immediate Appeal re [1019] Order on Motion for Summary Judgment,,,,,,,,,,,,,, filed by Steven F. Molo on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, RE/MAX Holdings, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. (Related document(s)[1024]) (Molo, Steven)
Cross NOTICE to take deposition of Stefan Swanepoel filed by Michael S. Ketchmark on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Ketchmark, Michael)
Amended NOTICE to take deposition of STEFAN SWANEPOEL filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(MacGill, Robert)
SUGGESTIONS in opposition re [1024] MOTION for order Certifying the Court's December 16, 2022 Order For Immediate Appeal re [1019] Order on Motion for Summary Judgment,,,,,,,,,,,,,, filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 1/27/2023 unless otherwise directed by the court. (Related document(s)[1024]) (McCreight, Scott)
MOTION for order Certifying the Court's December 16, 2022 Order For Immediate Appeal re [1019] Order on Motion for Summary Judgment,,,,,,,,,,,,,, filed by Steven F. Molo on behalf of All Defendants. Suggestions in opposition/response due by 1/13/2023 unless otherwise directed by the court. (Related document(s)[1019]) (Molo, Steven)
Based upon this Courts recent rulings, the parties are Ordered to mediate this matter. Within seven days of this Order, the parties shall either agree on a mediator or submit the names of proposed mediators to the Court for judicial selection. Good faith mediation shall be completed on or before March 15, 2023. Signed on 12/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
Before the Court is Defendant National Association of Realtors ("NAR"), Realogy Holdings Corp., HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX LLC, and Keller Williams Realty, Inc.'s (collectively, "Defendants") Motion to Exclude Expert Testimony of Roger Alford. (Doc. #919.) For the reasons stated below, the motion is DENIED. Signed on 12/20/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Jury Trial set for 10/16/2023 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Pretrial Conference set for 9/8/2023 09:30 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey)
Before the Court are four motions for summary judgment filed by Defendants Keller Williams Realty, Inc. ("Keller Williams") (Doc. #917); Re/Max, LLC ("Re/Max") (Doc. #925); HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC (collectively, "HomeServices Defendants") (Doc. #927); Realogy Holding Corp. ("Realogy") (Doc. #928); and National Association of REALTORS ("NAR") (collectively, "Defendants") (Doc. #930)The motions are DENIED. Signed on 12/16/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
Before the Court is Defendant National Association of Realtors ("NAR"), Realogy Holdings Corp., HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX LLC, and Keller Williams Realty, Inc.'s (collectively, "Defendants") Motion to Exclude Expert Testimony of Jeffrey Rothbart. (Doc. #923). For the reasons stated below, the motion is DENIED. Signed on 12/16/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
Before the Court is Defendant HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC, RE/MAX, LLC, Realogy Holdings Corp., Keller Williams Realty, Inc., and the National Association of Realtors ("NAR") (collectively, "Defendants") Motion to Exclude Merits Opinion Testimony of Dr. Craig T. Schulman. (Doc. #921.) The motion is DENIED. Signed on 12/16/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
Before this Court is defendant's Realogy's Motion for Continuance as raised in a L.R. 37 discovery dispute letter dated November 4, 2022, at oral argument on the summary judgment motions, and in a brief on the effect of the stay (Doc. #1014). Despite the plaintiffs arguments to the contrary, this Court believes that all parties need to be present throughout the case if there is to be joint and several liability as argued by plaintiff and that the Eighth Circuit currently has jurisdiction over the stayed claims. The Motion to Continue is granted and the Courtroom Deputy will contact the parties with a three week trial date in late 2023. Signed on 12/13/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
1015
Filed: 12/1/2022, Entered: 12/1/2022
Suggestions in Support of Motion (Sealed)
SUGGESTIONS in support (SEALED) re [928] MOTION for summary judgment [Supplemental Suggestions in Support] filed by Stacey Anne Mahoney on behalf of Defendant Realogy Holdings Corp.. (Related document(s)[928]) (Mahoney, Stacey)
1014
Filed: 12/1/2022, Entered: 12/1/2022
Suggestions in Support of Motion (Sealed)
SUGGESTIONS in support (SEALED) re [928] MOTION for summary judgment Realogy's Brief in Response to Question 3 on Doc. 999 filed by Steven F. Molo on behalf of Defendant Realogy Holdings Corp.. (Related document(s)[928]) (Molo, Steven)
1013
Filed: 12/1/2022, Entered: 12/1/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [999] Order,,, [1005] Order on Motion for Leave to File, [Plaintiffs' Supplemental Briefing Ordered by the Court on November 17, 2022 (Doc. 999)] (McCreight, Scott)
1012
Filed: 12/1/2022, Entered: 12/1/2022
Suggestions in Support of Motion (Sealed)
SUGGESTIONS in support (SEALED) re [927] MOTION for summary judgment by the HomeServices DefendantsSupplemental Suggestions Following Summary Judgment Argument and in Response to Court's November 17, 2022 Order filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s)[927]) (Fries, Brian)
SUGGESTIONS in support re [917] MOTION for summary judgment , [925] MOTION for summary judgment , [930] MOTION for summary judgment Supplemental Suggestions in Support of Question 3 on Dkt. 999 filed by Eddie Hasdoo on behalf of Defendants Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC. (Related document(s)[917], [925], [930]) (Hasdoo, Eddie)
SUGGESTIONS in support (SEALED) re [925] MOTION for summary judgment Supplemental Suggestions in Support of Question 2 on Dkt. 999 filed by Eddie Hasdoo on behalf of Defendant Re/Max LLC. (Related document(s)[925]) (Hasdoo, Eddie)
SUGGESTIONS in support re [930] MOTION for summary judgment Supplemental Suggestions in Support filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Related document(s)[930]) (Glass, Ethan)
SUGGESTIONS in support (SEALED) re [917] MOTION for summary judgment Supplemental Suggestions in Support filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Related document(s)[917]) (Buchanan, David)
1007
Filed: 11/30/2022, Entered: 11/30/2022
Order on Motion For Leave to File.
Before the Court is an Unopposed Motion to File Under Seal. (Doc. #1006.) Upon review, the motion is GRANTED. Defendants may file their supplemental briefs under seal. Signed on 11/30/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
MOTION for leave to file Under Seal (Unopposed) filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 12/14/2022 unless otherwise directed by the court. (Glass, Ethan)
Before the Court is Plaintiffs' Unopposed Motion for Leave to File Under Seal. (Doc. #1004.) Upon review, the motion is GRANTED. Plaintiffs may file their supplemental brief and supporting exhibits under seal. Signed on 11/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
MOTION for leave to file Under Seal (Unopposed) filed by Eric L. Dirks on behalf of All Plaintiffs. Suggestions in opposition/response due by 12/13/2022 unless otherwise directed by the court. (Dirks, Eric)
ELECTRONIC TRANSCRIPT of Oral Arguments held November 17, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 143. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. If necessary, Notice of Intent to Redact is due by 12/5/2022 unless otherwise directed by the court.Release of Transcript Restriction set for 2/27/2023. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
ORDER granting [1000] motion to appear pro hac vice entered by Clerk of Court. Attorney Patrick J. Sanders for HomeServices of America, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Motion to allow Patrick J. Sanders to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8206312) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
On November 17, 2022, the Court presided over oral arguments with the parties. For the reasons stated on the record, it is hereby ORDERED that the parties shall submit supplemental briefing on or before December 1, 2022, regarding the following issues: (1) what a non-cooperative transaction is; (2) whether the Defendants trained brokers and agents to provide specific compensation rates; and (3) the implication of the stay implemented on August 29, 2022 (Doc. #916). Briefings may not exceed five (5) pages per issue. The Courtroom Deputy, Tracey Richard, will contact the parties to set a telephone conference to be conducted after the supplemental briefings are submitted. Signed on 11/17/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
998
Filed: 11/17/2022, Entered: 11/17/2022
Oral Argument
Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT on the pending motions for summary judgment held on 11/17/2022. Matter taken under advisement. Time in court: 8:30 a.m. to 12:01 p.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
NOTICE to take deposition of STEFAN SWANEPOEL filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(MacGill, Robert)
NOTICE of appearance by Taylor L Connolly on behalf of Keller Williams Realty, Inc. (Attorney Taylor L Connolly added to party Keller Williams Realty, Inc.(pty:dft))(Connolly, Taylor)
NOTICE (SEALED) by National Association of Realtors re [957] Notice(SEALED), Defendants' Responses to Plaintiffs' Statement of Material Facts (Glass, Ethan)
989
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [930] MOTION for summary judgment filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Related document(s)[930]) (Glass, Ethan)
988
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [923] MOTION for order to Exclude Expert Testimony of Jeffrey Rothbart filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Related document(s)[923]) (Glass, Ethan)
987
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [921] MOTION for order to Exclude Merits Opinion Testimony of Dr. Craig T. Schulman filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s)[921]) (Fries, Brian)
986
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [927] MOTION for summary judgment by the HomeServices Defendants filed by Jennifer M. Keas on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Affidavit Declaration of Jennifer Keas, # (2) Exhibit Ex. GG - Watson Transcript, # (3) Exhibit Ex. HH - ECF No. 553-45 (Wilson Dec w exhibits), # (4) Exhibit Ex. II - ECF No. 553-46 (Burns Decl w exhibits), # (5) Exhibit Ex. JJ - Warner Transcript, # (6) Exhibit Ex. KK - Stiroh Report, # (7) Exhibit Ex. LL - Schulman Transcript, # (8) Exhibit Ex. MM - Blefari Transcript)(Related document(s)[927]) (Keas, Jennifer)
985
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [928] MOTION for summary judgment filed by Stacey Anne Mahoney on behalf of Defendant Realogy Holdings Corp.. (Related document(s)[928]) (Mahoney, Stacey)
984
Filed: 11/7/2022, Entered: 11/7/2022
Suggestions in Support of Motion (Sealed)
REPLY SUGGESTIONS in support (SEALED) re [919] MOTION for order to Exclude Opinion testimony of Roger Alford filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Attachments: # (1) Exhibit A)(Related document(s)[919]) (Buchanan, David) Modified on 11/10/2022 to correct docket entry (Houston, Kiambu).
983
Filed: 11/7/2022, Entered: 11/7/2022
Reply Suggestions to Motion (Sealed)
REPLY SUGGESTIONS to motion (Sealed) re [925] MOTION for summary judgment filed by Eddie Hasdoo on behalf of Defendant Re/Max LLC. (Related document(s)[925]) (Hasdoo, Eddie)
982
Filed: 11/7/2022, Entered: 11/7/2022
Suggestions in Support of Motion (Sealed)
SUGGESTIONS in support (SEALED) re [917] MOTION for summary judgment filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 1-A)(Related document(s)[917]) (Buchanan, David)
981
Filed: 11/4/2022, Entered: 11/4/2022
Order on Motion For Leave to File.
Before the Court is an Unopposed Motion to File Under Seal. (Doc. #980.) Upon review, the motion is GRANTED. Defendants may file their Reply Suggestions in Support of their Motions for Summary Judgment, their Responses to Plaintiffs' Statement of Facts and supporting documents, and their Reply Suggestions in Support of their Motions to Exclude Expert Witness Testimony under seal. Signed on 11/4/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
MOTION for leave to file Under Seal (Unopposed) filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 11/17/2022 unless otherwise directed by the court. (Glass, Ethan)
ORDER granting [978] motion to appear pro hac vice entered by Clerk of Court. Attorney Robert Chen for Realogy Holdings Corp. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
Motion to allow Robert Y. Chen to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8171384) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
Amended NOTICE to take deposition of Linda O'Connor filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
Amended NOTICE to take deposition of HSF Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
Amended NOTICE to take deposition of BHH Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
On October 13, 2022, the Court presided over a discovery dispute telephone conference with the parties. For the reasons stated on the record, it is hereby ORDERED that the parties shall work together and find a mutually-agreeable date for the O'Connor deposition. The parties may consult the transcript for further details and/or clarification. Signed on 10/13/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
972
Filed: 10/13/2022, Entered: 10/13/2022
Telephone Conference
Minute Entry. Proceedings held before District Judge Stephen R. Bough: Discovery Dispute TELEPHONE CONFERENCE held on 10/13/2022. Order to be entered. Time in court: 1:30 p.m. to 1:35 p.m. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
971
Filed: 10/11/2022, Entered: 10/11/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [963] Notice(SEALED),,,,,,,,,,, [Notice of Exhibit Attachment] (Boulware, Brandon)
970
Filed: 10/11/2022, Entered: 10/11/2022
Notice of hearing
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Discovery Dispute Telephone Conference set for 10/13/2022 at 1:30 PM before District Judge Stephen R. Bough. (Richard, Tracey)
969
Filed: 10/10/2022, Entered: 10/10/2022
Suggestions in Opposition to Motion (Sealed)
SUGGESTIONS in opposition (SEALED) re [923] MOTION for order to Exclude Expert Testimony of Jeffrey Rothbart filed by Jeremy M. Suhr on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/24/2022 unless otherwise directed by the court. (Attachments: # (1) Exhibit A)(Related document(s)[923]) (Suhr, Jeremy)
968
Filed: 10/10/2022, Entered: 10/10/2022
Suggestions in Opposition to Motion (Sealed)
SUGGESTIONS in opposition (SEALED) re [919] MOTION for order to Exclude Opinion testimony of Roger Alford filed by Jeremy M. Suhr on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/24/2022 unless otherwise directed by the court. (Attachments: # (1) Exhibit 1)(Related document(s)[919]) (Suhr, Jeremy)
967
Filed: 10/10/2022, Entered: 10/10/2022
Suggestions in Opposition to Motion (Sealed)
SUGGESTIONS in opposition (SEALED) re [921] MOTION for order to Exclude Merits Opinion Testimony of Dr. Craig T. Schulman filed by Jeremy M. Suhr on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/24/2022 unless otherwise directed by the court. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Related document(s)[921]) (Suhr, Jeremy)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [925] MOTION for summary judgment [Plaintiffs' Responses to Statement of Material Facts] (Boulware, Brandon)
961
Filed: 10/10/2022, Entered: 10/10/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [928] MOTION for summary judgment [Plaintiffs' Responses to Statement of Material Facts] (Boulware, Brandon)
960
Filed: 10/10/2022, Entered: 10/10/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [930] MOTION for summary judgment [Plaintiffs' Responses to Statement of Material Facts] (Boulware, Brandon)
959
Filed: 10/10/2022, Entered: 10/10/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [917] MOTION for summary judgment [Plaintiffs' Responses to Statement of Material Facts] (Boulware, Brandon)
958
Filed: 10/10/2022, Entered: 10/10/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [927] MOTION for summary judgment by the HomeServices Defendants[Plaintiffs' Responses to Statement of Material Facts] (Boulware, Brandon)
957
Filed: 10/10/2022, Entered: 10/10/2022
Notice(SEALED)
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re [956] Suggestions in Opposition to Motion for Summary Judgment (Sealed),, [Plaintiffs' Statement of Material Facts] (Boulware, Brandon)
956
Filed: 10/10/2022, Entered: 10/10/2022
Suggestions in Opposition to Motion for Summary Judgment (Sealed)
SUGGESTIONS in opposition to motion for summary judgment (SEALED) re [917] MOTION for summary judgment , [927] MOTION for summary judgment by the HomeServices Defendants, [928] MOTION for summary judgment , [925] MOTION for summary judgment , [930] MOTION for summary judgment filed by Scott A McCreight on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Reply suggestions due by 10/24/2022 unless otherwise directed by the court. (Attachments: # (1) Exhibit A-Leeder)(Related document(s)[917], [927], [928], [925], [930]) (McCreight, Scott) (Additional attachment(s) added on 11/10/2022: # (2) Table of Contents, # (3) Table of Authorities) (Richard, Tracey). Modified on 11/10/2022 to reflect that an NEF has been regenerated. (Richard, Tracey).
955
Filed: 10/6/2022, Entered: 10/6/2022
Order on Motion For Leave to File.
Before the Court is Plaintiffs' Unopposed Motion for Leave to File Under Seal. (Doc. #953.) Upon review, the motion is GRANTED. Plaintiffs may file their responses, supporting exhibits, and facts to Defendants' Summary Judgment and Daubert motions under seal. Signed on 10/6/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. of The HomeServices Defendants' Addendum to First Supplemental Initial Disclosures, and documents numbered HSOA-PUBLICDOCS-000001 through HSOA-PUBLICDOCS-000877 filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
MOTION for leave to file Under Seal (Unopposed) filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 10/20/2022 unless otherwise directed by the court. (Dirks, Eric)
Amended NOTICE to take deposition of HSF Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
Amended NOTICE to take deposition of BHH Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
ORDER granting [948] motion to appear pro hac vice entered by Clerk of Court. Attorney William S.D. Cravens for Realogy Holdings Corp. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
Motion to allow William S.D. Cravens to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8125289) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
CERTIFICATE OF SERVICE by Re/Max LLC Documents Produced in Response to Subpoena to RE/MAX Boone Realty filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
Amended NOTICE to take deposition of Brian Cannan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. of First Supplemental Initial Disclosures Pursuant to Federal Rule of Civil Procedure Rule 26(a)(1) filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. The Oral Argument on Summary Judgment Motions previously set on 11/18/2022 is RESET for 11/17/2022 at 8:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey)
Amended NOTICE to take deposition of Dan Sight filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. of Supplemental Initial Disclosures filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
NOTICE of filing NOTICE OF INTENT TO ISSUE SUBPOENA TO PRODUCE DOCUMENTS TO RE/MAX BOONE REALTY by Re/Max LLC (Attachments: # (1) Exhibit 1)(Webb, Danne)
Amended NOTICE to take deposition of Linda O'Connor filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
Before the Court is a Motion to Withdraw as Counsel. (Doc. [936] ) Upon review, the motion is GRANTED. Courtney M. Stout is hereby withdrawn as counsel for Plaintiffs Scott and Rhonda Burnett, Ryan Hendrickson, Jeremy Keel, Jerod Breit, Scott Trupiano, Hollee Ellis, and Frances Harvey. Plaintiffs continue to be represented by their counsel of record. Signed on 9/6/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
MOTION to withdraw as attorney Motion to Withdraw as Counsel for Plaintiffs filed by Courtney Marie Stout on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/20/2022 unless otherwise directed by the court. (Attorney Courtney Marie Stout added to party Shelly Dreyer(pty:pla), Attorney Courtney Marie Stout added to party Hollee Ellis(pty:pla), Attorney Courtney Marie Stout added to party Frances Harvey(pty:pla))(Stout, Courtney)
CERTIFICATE OF SERVICE by National Association of Realtors of its First Supplemental Initial Disclosures filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
NOTICE to take deposition of Brian Cannan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
STIPULATION of the Parties Regarding Interstate Commerce by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Dirks, Eric)
SUGGESTIONS in support (SEALED) re [927] MOTION for summary judgment by the HomeServices Defendants filed by Jennifer M. Keas on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Declaration of Jennifer Keas, # (2) Ex. A - Supp. Strandmo Dec., # (3) Ex. B - Strandmo Dec. I, # (4) Ex. C - Strandmo Dec. II, # (5) Ex. D - Warner Dec. I, # (6) Ex. E - Supp. Warner Dec., # (7) Ex. F - Coile Dec., # (8) Ex. G - Goffstein Dec., # (9) Ex. H - Ringsdorf Dec., # (10) Ex. I - Frazier Dec., # (11) Ex. J - Smaby Dec., # (12) Ex. K - Wilson Dec., # (13) Ex. L - Burns Dec., # (14) Ex. M - Warner Dep., # (15) Ex. N - Watson Dep., # (16) Ex. O - Strandmo Dep., # (17) Ex. P - Moline Dep., # (18) Ex. Q - Coile Dep., # (19) Ex. R - Peltier Dep., # (20) Ex. S - Blefari Dep., # (21) Ex. T - Millett Dep., # (22) Ex. U - 2022 NAR Code of Ethics, # (23) Ex. V - 2022 BHH FDD, # (24) Ex. W - Peer Review Ideas, # (25) Ex. X - Obj. Training, # (26) Ex. Y - Neg. Comm. Training, # (27) Ex. Z - Neg. Comm. Training Workbook, # (28) Ex. AA - 2022 BHH Ops Manual, # (29) Ex. BB - PAG Report on Agency, # (30) Ex. CC - MLS to recognize broker for buyers, # (31) Ex. DD - Stevens Report, # (32) Ex. EE - Wu Report)(Related document(s)[927]) (Keas, Jennifer) Modified on 9/7/2022 main document only #931 replaced at the request of counsel due to filing oversight. (Kern, Kendra)
MOTION for summary judgment filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Glass, Ethan) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
MOTION for summary judgment filed by Stacey Anne Mahoney on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Mahoney, Stacey) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey). Modified on 9/1/2022 at the request of counsel to correct footnote. (Kern, Kendra)
MOTION for summary judgment by the HomeServices Defendants filed by Jennifer M. Keas on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Keas, Jennifer) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
MOTION for summary judgment filed by Eddie Hasdoo on behalf of Re/Max LLC. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Hasdoo, Eddie) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
SUGGESTIONS in support re [923] MOTION for order to Exclude Expert Testimony of Jeffrey Rothbart filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Attachments: # (1) Exhibit 1 - Rothbart Report, # (2) Exhibit 2 - Rothbart Excerpted Transcript, # (3) Exhibit 3 - Proposed Order)(Related document(s)[923]) (Glass, Ethan)
MOTION for order to Exclude Expert Testimony of Jeffrey Rothbart filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Glass, Ethan) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
SUGGESTIONS in support (SEALED) re [921] MOTION for order to Exclude Merits Opinion Testimony of Dr. Craig T. Schulman filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: # (1) Declaration of Scott E. Murray, # (2) Exhibit 1 - Schulman Merits Report, # (3) Exhibit 2 - Schulman Merits Reply Report, # (4) Exhibit 3 - Schulman Dep. II, # (5) Exhibit 4 - Expert Report of Brian Cannan, # (6) Exhibit 5 - Expert Rebuttal Report of Lawrence Wu, # (7) Exhibit 6 - 1/24/22 Pls. Objs. And Resps. To HomeServices of Americas First Set of Interrogs., # (8) Exhibit 7 - 7/8/22 Pls. Objs. And Resps. To RE/MAX LLCs First Set of Interrogs., # (9) Exhibit 8 - Named Plaintiff Trupiano Listing Agreement, # (10) Exhibit 9 - Harvey Dep., # (11) Exhibit 10 - Breit Closing Disclosure, # (12) Exhibit 11 - Ellis Dep.)(Related document(s)[921]) (Fries, Brian)
MOTION for order to Exclude Merits Opinion Testimony of Dr. Craig T. Schulman filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Fries, Brian) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
1247
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