Joshua Sitzer, et al v. National Assoc. of Realtors, et al
| RE/MAX LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc., RE/MAX Holdings, Inc., National Association of Realtors and Keller Williams Realty, Inc. |
| Joshua Sitzer, on behalf of themselves and all others similarly situated, Amy Winger, on behalf of themselves and all others similarly situated, Scott Burnett, Rhonda Burnett and Ryan Hendrickson |
| HSF Affiliates, LLC, BHH Affiliates, LLC and HomeServices of America, Inc. |
| 20-1779 |
| April 14, 2020 |
| U.S. Court of Appeals, Eighth Circuit |
| Antitrust |
Opinions
We have the following opinions for this case:
| Description |
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 Sitzer v. National Association of Realtors
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Docket Report
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This docket was last retrieved on October 1, 2021. A more recent docket listing may be available from PACER.
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MANDATE ISSUED. [5082596] [20-1779] (CRJ) [Entered: 10/01/2021 09:30 AM]
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JUDGMENT FILED - The judgment of the Originating Court is AFFIRMED in accordance with the opinion LAVENSKI R. SMITH, MORRIS S. ARNOLD and DAVID R. STRAS Hrg Feb 2021 [5074825] [20-1779] (CRJ) [Entered: 09/10/2021 08:30 AM]
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OPINION FILED - THE COURT: Lavenski R. Smith, Morris S. Arnold and David R. Stras AUTHORING JUDGE:David R. Stras (PUBLISHED) [5074812] [20-1779] (CRJ) [Entered: 09/10/2021 08:16 AM]
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ARGUED & SUBMITTED Via Videoconference to Judges Lavenski R. Smith, Morris S. Arnold, David R. Stras on 02/16/2021 Mr. Robert D. MacGill for Appellants HomeServices of America, BHH Affiliates, LLC and HSF Affiliates, LLC; Mr. Jeremy Suhr for Appellees Mr. Joshua Sitzer, Ms. Amy Winger, Mr. Scott Burnett, Ms. Rhonda Burnett and Mr. Ryan Hendrickson. Rebuttal by Mr. Robert D. MacGill for HomeServices of America, BHH Affiliates, LLC and HSF Affiliates, LLC RECORDED. # Click Here To Listen to Oral Argument [5004748] [20-1779] (JMM) [Entered: 02/16/2021 12:51 PM]
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SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument on Tuesday, February 16, 2021. To be heard before Judges Lavenski R. Smith, Morris S. Arnold and David R. Stras in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. [4995008] [20-1779] (JMM) [Entered: 01/15/2021 01:12 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Robert D. MacGill for BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC for argument in February, at the Tele/Video Conference in Other. [4995056] [20-1779] (RDM) [Entered: 01/15/2021 01:32 PM]
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ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Jeremy Suhr for Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger for argument in February, at the Tele/Video Conference in Little Rock, Arkansas. [4995157] [20-1779] (JS) [Entered: 01/15/2021 03:14 PM]
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Paper copies Reply brief, [ # 4961104-2 ] filed by BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America 10 paper copies received. [4962540] [20-1779] (AMT) [Entered: 10/05/2020 03:57 PM]
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BRIEF FILED - APPELLANT REPLY BRIEF filed by BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America. w/service 09/30/2020 , Length: 5,411 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America due 10/05/2020 WITH certificate of service for paper briefs [4961104] [20-1779] (CRJ) [Entered: 09/30/2020 11:37 AM]
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REPLY brief of BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4960980] [20-1779] (RDM) [Entered: 09/30/2020 09:24 AM]
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Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [4957685] [20-1779] (JMM) [Entered: 09/21/2020 10:32 AM]
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RECORD FILED - APLEE/RES APPENDIX, 2 volumes, Comments: 3 copies of 2 volumes each [4955313] [20-1779] (NDG) [Entered: 09/14/2020 11:10 AM]
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Paper copies Appellee/Respondent brief, [ # 4953742-2 ] filed by Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger 10 paper copies received. [4955334] [20-1779] (NDG) [Entered: 09/14/2020 11:23 AM]
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BRIEF FILED - APPELLEE BRIEF filed by Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger, w/service 09/09/2020 , Length: 11,842 words 10 COPIES OF PAPER BRIEFS WITH RED COVERS (WITHOUT THE APPELLATE PDF FOOTER) FROM Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer and Amy Winger due 09/14/2020 WITH certificate of service for paper briefs. Reply brief of BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America due on 09/30/2020. [4953742] [20-1779] (CRJ) [Entered: 09/09/2020 09:48 AM]
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APPELLEE brief of Mr. Joshua Sitzer, Ms. Amy Winger, Mr. Scott Burnett, Ms. Rhonda Burnett and Mr. Ryan Hendrickson submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4953431] [20-1779] (JS) [Entered: 09/08/2020 02:34 PM]
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LETTER from Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC regarding "withdrawal of counsel". w/service 07/15/2020 [4934122] [20-1779] (KEJ) [Entered: 07/15/2020 03:03 PM]
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LETTER from Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC regarding Change of contact information for Robert D. MacGill and Matthew T. Ciulla. w/service 07/14/2020 [4933621] [20-1779] (RDM) [Entered: 07/14/2020 02:20 PM]
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CLERK ORDER:Granting [ # 4932181-2 ] motion for extension of time to file brief filed by Mr. Matthew L. Dameron. Brief of Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer and Amy Winger due 09/08/2020. [4932251] [20-1779] (CRJ) [Entered: 07/10/2020 09:20 AM]
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Paper copies Appellants Brief, [ # 4930880-2 ] filed by BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America. 10 paper copies received w/Addendum attached. [4934586] [20-1779] (BNW) [Entered: 07/16/2020 03:20 PM]
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RECORD FILED - APLNTS APPENDIX, 2 volumes. Comments: 2 volumes, 3 copies per volume. [4934592] [20-1779] (BNW) [Entered: 07/16/2020 03:24 PM]
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MOTION for extension of time to file brief until 09/08/2020, filed by Attorney Mr. Matthew L. Dameron for Appellees Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger w/service 07/09/2020. [4932181] [20-1779] (MLD) [Entered: 07/09/2020 06:51 PM]
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ADDENDUM of APPELLANT FILED by Appellants BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America , w/service 07/07/2020 [4930882] [20-1779] (MDS) [Entered: 07/07/2020 10:15 AM]
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BRIEF FILED - APPELLANT BRIEF filed by BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America. w/service 07/07/2020 , Length: 6330 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America due 07/13/2020 WITH certificate of service for paper briefs. Brief of Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer and Amy Winger due on 08/06/2020 [4930880] [20-1779] (MDS) [Entered: 07/07/2020 10:14 AM]
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Addendum of APPELLANT submitted for review by BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4930517] [20-1779] (KEJ) [Entered: 07/06/2020 01:38 PM]
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APPELLANT brief of BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4930516] [20-1779] (KEJ) [Entered: 07/06/2020 01:34 PM]
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| MOTION for extension of time to file brief until 07/06/2020, filed by Attorney Mr. Robert D. MacGill for Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC w/service 05/19/2020. [4914599] [20-1779] (RDM) [Entered: 05/19/2020 09:59 AM] |
| CLERK ORDER:Granting [ # 4914599-2 ] motion for extension of time to file brief filed by Mr. Robert D. MacGill. Brief of BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America due 07/06/2020. Appendix due on 07/06/2020. [4914658] [20-1779] (CRJ) [Entered: 05/19/2020 11:04 AM] |
| Certificate of transcript filed by Appellants BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America. Transcript ordered ENTIRE TRANSCRIPT ORDERED [4907439] [20-1779] (RDM) [Entered: 04/28/2020 01:26 PM] |
| METHOD of appendix preparation filed by Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC - Separate Appendix - w/service 04/28/2020 [4907438] [20-1779] (RDM) [Entered: 04/28/2020 01:25 PM] |
| CORPORATE disclosure statement filed by Appellant BHH Affiliates, LLC. - FOR CAL [4905253] [20-1779] (RDM) [Entered: 04/21/2020 04:02 PM] |
| CORPORATE disclosure statement filed by Appellant HSF Affiliates, LLC. - FOR CAL [4905260] [20-1779] (RDM) [Entered: 04/21/2020 04:04 PM] |
| CORPORATE disclosure statement filed by Appellant HomeServices of America. - FOR CAL [4905262] [20-1779] (RDM) [Entered: 04/21/2020 04:06 PM] |
| APPEARANCE filed by Matthew L. Dameron for Appellees Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger w/service 04/15/2020 [4902818] [20-1779] (MLD) [Entered: 04/15/2020 09:58 AM] |
| APPEARANCE filed by Jay N. Varon, Foley & Lardner LLP for Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC w/service 04/15/2020 [4902773] [20-1779] (JNV) [Entered: 04/15/2020 09:24 AM] |
| APPEARANCE filed by Courtney M. Stout for Appellees Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger w/service 04/15/2020 [4902872] [20-1779] (MLD) [Entered: 04/15/2020 10:51 AM] |
| APPEARANCE filed by Karoline E. Jackson for Appellants HomeServices of America, BHH Affiliates, LLC and HSF Affiliates, LLC w/service 04/15/2020 [4902903] [20-1779] (KEJ) [Entered: 04/15/2020 11:22 AM] |
| APPEARANCE filed by Matthew B. Barr for Appellants BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America w/service 04/15/2020 [4902900] [20-1779] (MBB) [Entered: 04/15/2020 11:21 AM] |
| APPEARANCE filed by Eric L. Dirks for Appellees Ms. Rhonda Burnett, Mr. Scott Burnett, Mr. Ryan Hendrickson, Mr. Joshua Sitzer and Ms. Amy Winger w/service 04/15/2020 [4902994] [20-1779] (MLD) [Entered: 04/15/2020 12:56 PM] |
| APPEARANCE filed by Robert D. MacGill for Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC w/service 04/14/2020 [4902612] [20-1779] (RDM) [Entered: 04/14/2020 03:54 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, and Order 04/10/2020. [4902580] [20-1779] (CJO) [Entered: 04/14/2020 03:38 PM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 05/26/2020. Appendix due 06/03/2020. BRIEF APPELLANT, BHH Affiliates, LLC, HSF Affiliates, LLC and HomeServices of America due 06/03/2020 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [4902583] [20-1779] (CJO) [Entered: 04/14/2020 03:40 PM] |
| APPEARANCE filed by Matthew T. Ciulla for Appellants BHH Affiliates, LLC, HomeServices of America and HSF Affiliates, LLC w/service 04/14/2020 [4902617] [20-1779] (MC) [Entered: 04/14/2020 03:57 PM] |
| APPEARANCE filed by Jeremy M. Suhr for Appellees Mr. Joshua Sitzer, Ms. Amy Winger, Mr. Scott Burnett, Ms. Rhonda Burnett and Mr. Ryan Hendrickson w/service 04/14/2020 [4902668] [20-1779] (JS) [Entered: 04/14/2020 04:37 PM] |
| Civil case docketed. [4902572] [20-1779] (CJO) [Entered: 04/14/2020 03:34 PM] |
| APPEARANCE filed by Brian C. Fries for Appellants HomeServices of America, BHH Affiliates, LLC and HSF Affiliates, LLC w/service 04/14/2020 [4902683] [20-1779] (BCF) [Entered: 04/14/2020 05:06 PM] |
| APPEARANCE filed by Brandon J.B. Boulware for Appellees Mr. Joshua Sitzer, Ms. Amy Winger, Mr. Scott Burnett, Ms. Rhonda Burnett and Mr. Ryan Hendrickson w/service 04/14/2020 [4902665] [20-1779] (BJB) [Entered: 04/14/2020 04:35 PM] |
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