Opinion
4:23-cv-06352-HSG
02-12-2024
Christina Grace, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. Bay Area Real Estate Information Services, Inc.; Marin Association of Realtors; North Bay Association of Realtors; Northern Solano County Association of Realtors, Inc.; Solano Association of Realtors, Inc.; RE/MAX Holdings, Inc.; Anywhere Real Estate Inc.; Vanguard Properties, Inc.; Twin Oaks Real Estate Inc.; Windermere Real Estate Services Company Inc.; Rapisarda & Fox, Inc.; Realty ONE Group, Inc.; Keller Williams Realty, Inc.; Compass, Inc.; eXp World Holdings, Inc.; and DOES 1 through 50, inclusive, Defendants.
PEARSON WARSHAW, LLP JILL M. MANNING PEARSON WARSHAW, LLP DANIEL L. WARSHAW BOBBY POUYA NAVEED ABAIE ERIC J. MONT PEARSON WARSHAW, LLP DOUGLAS MILLEN (Pro Hac Vice Forthcoming) ROBERT WOZNIAK (Pro Hac Vice Forthcoming) MATTHEW RUAN FREED KANNER LONDON & MILLEN LLC Attorneys for Plaintiff and the Proposed Class PATRICK M. RYAN JOHN F. MCLEAN BARTKO LLP One Embarcadero Center San Francisco, California JASON A. ZWEIG (pro hac vice pending) BARTKO LLP One South Wacker Drive Attorneys for Defendant BAREIS DAVID M. GOLDSTEIN FARMER BROWNSTEIN JAEGER GOLDSTEIN KLEIN & SIEGEL LLP Counsel for Defendants SOLANO ASSOCIATION OF REALTORS, INC. and NORTHERN SOLANO COUNTY ASSOCIATION OF REALTORS BONNIE LAU BONNIE LAU MORRISON & FOERSTER LLP San Francisco Attorneys for Defendants North Bay Association of REALTORS and Marin Association of REALTORS Chahira Solh CROWELL & MORING LLP Attorneys for Defendant Compass, Inc Leo D. Caseria LEO DAVID CASERIA SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Helen C. Eckert Four Embarcadero Center Attorneys for Defendant REALTY ONE GROUP, INC. MATTHEW J. ANTONELLI SAUL EWING LLP Attorneys for Defendant eXp World Holdings, Inc. Joshua C. Stokes Carol M. Silberberg BERRY SILBERBERG STOKES PC Attorneys for Defendant Twin Oaks Real Estate, Inc. Christopher C. Wheeler FARELLA BRAUN + MARTEL LLP Attorneys for Defendant Vanguard Properties, Inc. Matthew D. Segal STOEL RIVES LLP Edward C. Duckers STOEL RIVES LLP Three Embarcadero Center, Attorneys for Defendant Windermere Real Estate Services Company Inc.
Action Filed: December 8, 2023
PEARSON WARSHAW, LLP JILL M. MANNING PEARSON WARSHAW, LLP DANIEL L. WARSHAW BOBBY POUYA NAVEED ABAIE ERIC J. MONT PEARSON WARSHAW, LLP DOUGLAS MILLEN (Pro Hac Vice Forthcoming) ROBERT WOZNIAK (Pro Hac Vice Forthcoming) MATTHEW RUAN FREED KANNER LONDON & MILLEN LLC Attorneys for Plaintiff and the Proposed Class
PATRICK M. RYAN JOHN F. MCLEAN BARTKO LLP One Embarcadero Center San Francisco, California JASON A. ZWEIG (pro hac vice pending) BARTKO LLP One South Wacker Drive Attorneys for Defendant BAREIS
DAVID M. GOLDSTEIN FARMER BROWNSTEIN JAEGER GOLDSTEIN KLEIN & SIEGEL LLP Counsel for Defendants SOLANO ASSOCIATION OF REALTORS, INC. and NORTHERN SOLANO COUNTY ASSOCIATION OF REALTORS
BONNIE LAU BONNIE LAU MORRISON & FOERSTER LLP San Francisco Attorneys for Defendants North Bay Association of REALTORS and Marin Association of REALTORS
Chahira Solh CROWELL & MORING LLP Attorneys for Defendant Compass, Inc
Leo D. Caseria LEO DAVID CASERIA SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Helen C. Eckert Four Embarcadero Center Attorneys for Defendant REALTY ONE GROUP, INC.
MATTHEW J. ANTONELLI SAUL EWING LLP Attorneys for Defendant eXp World Holdings, Inc.
Joshua C. Stokes Carol M. Silberberg BERRY SILBERBERG STOKES PC Attorneys for Defendant Twin Oaks Real Estate, Inc.
Christopher C. Wheeler FARELLA BRAUN + MARTEL LLP Attorneys for Defendant Vanguard Properties, Inc.
Matthew D. Segal STOEL RIVES LLP Edward C. Duckers STOEL RIVES LLP Three Embarcadero Center, Attorneys for Defendant Windermere Real Estate Services Company Inc.
JOINT MOTION TO ADJOURN MARCH 24, 2024 CASE MANAGEMENT CONFERENCE, SET DEADLINES, AND MODIFY CASE MANAGEMENT SCHEDULE PURSUANT TO CIVIL L.R. 16-2(d); ORDER AS MODIFIED
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
Pursuant to Civil Local Rule 16-2(d), Plaintiff Christina Grace and certain Defendants, by and through their counsel, respectfully move this Court to adjourn the March 24, 2024 Case Management Conference, set deadlines and modify the case management schedule to account for the JPML proceedings (“Joint Motion”). The parties file this Joint Motion in good faith and not to needlessly delay this case, but to preserve judicial and party resources pending a decision by the JPML on the MDL Motion. Pursuant to Civil Local Rule 7-1(b), the Parties submit that this Joint Motion may be decided without oral argument.
This motion is joined by all defendants except RE/MAX Holdings, Inc. (“RE/MAX”), Anywhere Real Estate Inc. (“Anywhere”), Keller Williams Realty, Inc. (“Keller Williams”), and Rapisarda & Fox, Inc. (“Rapisarda”). With respect to RE/MAX, Anywhere, and Keller Williams, the Court already has continued their deadlines to respond to the FAC. ECF Nos. 53, 103. With respect to Rapisarda, counsel has not yet appeared in this case but has indicated consent to the proposed schedule. See Declaration of Jill M. Manning in Support of Joint Motion to Adjourn March 24, 2024 Case Management Conference, Set Deadlines, and Modify Case Management Schedule Pursuant to Civil L.R. 16-2(D), ¶ 3.
Plaintiff initiated this case on December 8, 2023. ECF No. 1. The Court set a March 24, 2024, Case Management Conference which triggers case management deadlines. ECF No. 16. On December 27, 2023, plaintiffs in two actions pending before Judge Stephen Bough in the U.S. District Court for the Western District of Missouri filed a motion pursuant to 28 U.S.C. § 1407 (the “MDL Motion”) to transfer and centralize this case, along with other cases filed across the country. See In re Real Estate Commission Antitrust Litig., MDL No. 3100 (ECF No. 1). On December 28, 2023, counsel for Plaintiff informed counsel for Defendant Keller Williams that she intended to file an amended complaint on or before January 12, 2024, and that no defendant was required to respond to the original complaint. On January 12, 2024, Plaintiff filed the First Amended Complaint (“FAC”). ECF No. 33. On January 26, 2024, the Original Defendants filed a motion to stay this case pending a decision on the MDL Motion. ECF No. 59.
On February 8, 2024, the Original Defendants filed a notice withdrawing their motion to stay. See ECF No. 100.
On February 5, 2024, the Clerk of the JPML Panel issued a minute order closing briefing on the MDL Motion. Although no hearing has yet been scheduled on the MDL Motion, the parties anticipate that it will be heard at the next JPML hearing on March 28, 2024.
https://www.jpml.uscourts.gov/hearing-information
Counsel for the undersigned parties have met and conferred and reached agreement on a compromise schedule to avoid the need for the Court to decide the motion to stay:
(1) March 21, 2024: Deadline for all Defendants (except Anywhere, RE/MAX and Keller Williams) to respond to the FAC;
(2) April 18, 2024: Deadline to file opposition to motion(s) to dismiss;
(3) May 9, 2024: Deadline to file reply/relies in support of motion(s) to dismiss; and
(4) May 23, 2024 at 2:00 p.m. - hearing on motion(s) to dismiss.
The parties further move the Court to modify the case management deadlines as follows:
(A) 14 days after the JPML ruling: deadline to meet and confer regarding initial disclosures, ADR, and a discovery plan;
(B) 28 days after the JPML ruling: deadline to file a Rule 26(f) report, complete initial disclosures, and file a Joint Case Management Statement; and
(C) Approximately 35 days after the JPML ruling: hold Initial Case Management Conference.
Accordingly, the parties respectfully request the Court grant this Joint Motion, adjourn the existing case management deadlines, and set the above deadlines and case management schedule.
ATTESTATION
Pursuant to Civil Local Rule 5-1 (h)(3), the filer of this document attests that concurrence in the filing of this document has been obtained from the other signatories above.
ORDER AS MODIFIED
Good cause appearing, IT IS SO ORDERED that the existing deadlines to respond to the First Amended Complaint are adjourned and reset as follows:
(1) March 21, 2024: Deadline for all Defendants (except Anywhere, RE/MAX and Keller Williams) to respond to the FAC;
(2) April 18, 2024: Deadline to file opposition to motion(s) to dismiss;
(3) May 9, 2024: Deadline to file reply/relies in support of motion(s) to dismiss; and
(4) May 23, 2024 at 2:00 p.m. - hearing on motion(s) to dismiss.
The Court further VACATES the March 12, 2024 case management conference and associated deadlines. In the event that the case is not transferred, the Court will reset a further schedule.