Sitzer et al v. National Association of Realtors et al
| Joshua Sitzer, Amy Winger, Scott Burnett, Rhonda Burnett, Ryan Hendrickson, Jerod Breit, Scott Trupiano, Jeremy Keel, Frances Harvey, Hollee Ellis and Shelly Dreyer |
| RE/MAX Holdings, Inc., Realogy Holdings Corp., National Association of Realtors, Keller Williams Realty, Inc., HomeServices of America, Inc., Re/Max LLC, The Long & Foster Companies, Inc., HSF Affiliates, LLC and BHH Affiliates, LLC |
| MARIS MLS, Kansas City Regional Association of Realtors, Missouri Association of Realtors, Columbia Board of Realtors, Southern Missouri Regional MLS LLC, Re/Max 1st Choice and Re/Max Boone County Realty |
| Corelogic, Inc. and The Way Home, Inc. d/b/a Century 21 Access |
| United States and House of Brokers, Inc. doing business as Remax House of Brockers |
| 4:2019cv00332 |
| April 29, 2019 |
| U.S. District Court for the Western District of Missouri |
| Stephen R Bough |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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Filing 1311
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)
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Filing 1310
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)
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Filing 1309
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)
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Filing 1308
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)
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Filing 1307
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)
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Filing 1306
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)
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Filing 1305
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)
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Filing 1304
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)
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Filing 1303
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)
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Filing 1302
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)
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Filing 1301
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)
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Filing 1300
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)
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Filing 1299
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)
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Filing 1298
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)
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Filing 1297
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)
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Filing 1296
CLERK'S JUDGMENT. (Murphy-Carr, Shauna) (Main Document 1296 replaced on 11/1/2023 to correct listed defendants - NEF regenerated) (Murphy-Carr, Shauna).
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Filing 1295
COURT'S EXHIBIT INDEX. (Murphy-Carr, Shauna)
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Filing 1294
JURY VERDICT. (Murphy-Carr, Shauna)
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Filing 1293
JURY NOTE.(Murphy-Carr, Shauna)
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Filing 1292
JURY INSTRUCTIONS GIVEN. (Murphy-Carr, Shauna)
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Filing 1291
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)
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Filing 1290
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)
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Filing 1289
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)
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Filing 1288
NOTICE of filing of Deposition Designations by Keller Williams Realty, Inc. (Attachments: #1 Cary Sylvester Deposition Designations, #2 Ashley Kelm Deposition Designations)(Kully, David)
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Filing 1287
NOTICE of filing OF ID'D EXS. 9000 AND 9001 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. (Attachments: #1 Exhibit 9000 - Trupiano, #2 Exhibit 9001 - Swanepoel)(Ciulla, Matthew)
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Filing 1286
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)
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Filing 1285
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)
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Filing 1284
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)
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Filing 1282
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)
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Filing 1281
PROPOSED JURY INSTRUCTIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. THE HOMESERVICES DEFENDANTS1 ADDITIONAL PROPOSED JURY INSTRUCTIONS. (MacGill, Robert)
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Filing 1283
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).
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Filing 1280
OBJECTIONS (non motions) by Keller Williams Realty, Inc., National Association of Realtors to Court's Proposed Final Jury Instructions. (Kully, David)
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Filing 1279
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)
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Filing 1278
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)
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Filing 1277
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)
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Filing 1276
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)
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Filing 1275
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)
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Filing 1274
**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).
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Filing 1273
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)
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Filing 1272
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)
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Filing 1271
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)
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Filing 1270
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)
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Filing 1269
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)
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Filing 1268
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)
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Filing 1267
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)
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Filing 1266
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)
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Filing 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 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)
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Filing 1264
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)
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Filing 1263
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)
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Filing 1262
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)
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Filing 1261
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)
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Filing 1260
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)
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Filing 1259
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)
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Filing 1258
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)
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Filing 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 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)
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Filing 1256
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)
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Filing 1255
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)
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Filing 1254
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)
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Filing 1253
STIPULATION by Keller Williams Realty, Inc.. (Kully, David)
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Filing 1252
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)
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Filing 1251
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)
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Filing 1250
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)
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Filing 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 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)
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Filing 1248
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)
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Filing 1247
JURY LIST (SEALED). (Borneman, Sara)
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Filing 1246
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)
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Filing 1244
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)
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Filing 1243
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).
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Filing 1242
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)
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Filing 1241
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)
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Filing 1240
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)
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Filing 1239
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)
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Filing 1238
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)
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Filing 1237
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)
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Filing 1245
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).
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Filing 1236
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)
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Filing 1235
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)
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Filing 1234
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)
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Filing 1233
RETURN OF SERVICE (non cmp) of Subpoena to Plaintiff Jeremy Keel (Buchanan, David)
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Filing 1232
RETURN OF SERVICE (non cmp) of Subpoena to Plaintiff Hollee Ellis (Buchanan, David)
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Filing 1231
PROPOSED EXHIBIT LIST -- Corrected Amended Exhibit Index by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
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Filing 1230
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)
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Filing 1229
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)
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Filing 1228
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)
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Filing 1227
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)
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Filing 1226
RETURN OF SERVICE (non cmp) of Subpoena to Plaintiff Frances Harvey (Buchanan, David)
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Filing 1225
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)
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Filing 1224
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)
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Filing 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 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)
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Filing 1222
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)
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Filing 1221
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)
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Filing 1220
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)
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Filing 1219
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)
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Filing 1218
STIPULATION REGARDING TRIAL EXHIBITS by Keller Williams Realty, Inc., National Association of Realtors. (Glass, Ethan)
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Filing 1217
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)
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Filing 1216
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)
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Filing 1215
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)
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Filing 1214
PROPOSED JURY INSTRUCTIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors DEFENDANTS' PROPOSED JURY INSTRUCTION REGARDING SETTLING PARTIES. (Attachments: #1 Exhibit A - Defendants' Proposed Alternative Jury Instructions)(MacGill, Robert)
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Filing 1213
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)
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Filing 1212
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)
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Filing 1211
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)
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Filing 1210
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)
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Filing 1209
Amended PROPOSED WITNESS LIST by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel -- Plaintiffs' Second Amended Witness List. (McCreight, Scott)
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Filing 1208
Amended PROPOSED EXHIBIT LIST Plaintiffs' Amended Exhibit Index by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
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Filing 1207
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).
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Filing 1206
Amended PROPOSED WITNESS LIST by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel -- Plaintiffs' Amended Witness List. (McCreight, Scott)
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Filing 1205
SUGGESTIONS in opposition re #1201 MOTION to enforce order/judgment -- Plaintiffs' Motion to Enforce Scheduling Order HSDs' 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)
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Filing 1204
STIPULATION -- Plaintiffs' Stipulation Regarding National Association of Realtors' Exhibits at Trial by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
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Filing 1203
TRIAL BRIEF by National Association of Realtors. (Glass, Ethan)
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Filing 1202
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)
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Filing 1201
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)
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Filing 1200
TRIAL BRIEF --Plaintiffs' Trial Brief by Jerod Breit, Rhonda Burnett, Hollee Ellis, Frances Harvey, Jeremy Keel. (McCreight, Scott)
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Filing 1199
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)
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Filing 1198
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)
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Filing 1197
TRIAL BRIEF by Keller Williams Realty, Inc.. (Kully, David)
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Filing 1196
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)
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Filing 1195
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)
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Filing 1194
TRIAL BRIEF THE HOMESERVICES DEFENDANTS' PRE-TRIAL MEMORANDUM by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (MacGill, Robert)
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Filing 1193
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)
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Filing 1192
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)
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Filing 1191
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)
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Filing 1190
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)
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Filing 1189
RETURN OF SERVICE (non cmp) of Subpoena to Rhonda Burnett (Buchanan, David)
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Filing 1188
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)
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Filing 1187
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)
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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)
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Filing 1186
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)
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Filing 1185
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)
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Filing 1184
PROPOSED EXHIBIT LIST THE HOMESERVICES DEFENDANTS' OCTOBER 4th EXHIBIT INDEX by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (MacGill, Robert)
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Filing 1183
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)
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Filing 1182
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)
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Filing 1181
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)
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Filing 1180
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).
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Filing 1179
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)
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Filing 1178
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)
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Filing 1177
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)
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Filing 1176
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)
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Filing 1175
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)
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Filing 1174
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)
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Filing 1173
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)
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Filing 1172
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)
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Filing 1171
SUGGESTIONS in opposition re #1169 MOTION to enforce order/judgment of Pre-Trial Rulings and Suggestions in Support Plaintiffs' 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)
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Filing 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 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)
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Filing 1169
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)
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Filing 1168
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)
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Filing 1167
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)
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Filing 1166
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)
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Filing 1165
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)
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Filing 1164
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)
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Filing 1163
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)
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Filing 1162
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)
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Filing 1161
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)
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Filing 1160
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)
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Filing 1159
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)
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Filing 1158
SUGGESTIONS in opposition re #1137 MOTION in limine No. 19 to EXCLUDE TESTIMONY OF WITHDRAWN EXPERTS Plaintiffs' 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)
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Filing 1157
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)
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Filing 1156
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)
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Filing 1155
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)
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Filing 1154
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)
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Filing 1153
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)
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Filing 1152
SUGGESTIONS in opposition re #1145 MOTION in limine No. 21 TO EXCLUDE EVIDENCE RELATING TO ANYWHERE AND RE/MAX Plaintiffs' 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)
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Filing 1151
REPLY SUGGESTIONS to motion re #1115 MOTION in limine Plaintiffs' Motion in Limine #25 Plaintiffs' 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)
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Filing 1150
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)
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Filing 1149
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)
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Filing 1148
PROPOSED JURY INSTRUCTIONS by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano Plaintiffs' Revised Proposed Verdict Form. (Attachments: #1 Notice of Exhibit Attachment Revised Proposed Verdict Form)(McCreight, Scott)
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Filing 1147
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)
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Filing 1146
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)
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Filing 1145
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)
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Filing 1144
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)
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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)
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Filing 1143
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)
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Filing 1142
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).
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Filing 1141
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)
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Filing 1140
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)
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Filing 1139
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)
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Filing 1138
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)
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Filing 1137
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)
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Filing 1136
DESIGNATION of Undersigned Defendants from Ashley Kelm by Keller Williams Realty, Inc.. (Buchanan, David)
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Filing 1135
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)
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Filing 1134
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)
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Filing 1133
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)
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Filing 1132
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)
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Filing 1131
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)
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Filing 1130
NOTICE of filing [Notice of Withdrawal of Witnesses] by Realogy Holdings Corp. (Mahoney, Stacey)
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Filing 1129
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)
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Filing 1128
SUGGESTIONS in opposition re #1105 MOTION to strike Plaintiffs' Motion to Strike Defendants' Undisclosed Witnesses 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, Re/Max LLC. Reply suggestions due by 9/21/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - HSD Supp Init Disc, #3 Exhibit C - Email, #4 Exhibit D - Warner Excerpt, #5 Exhibit E - McCabe Excerpt, #6 Exhibit F - REMAX Init Disc, #7 Exhibit G - REMAX Supp Init Disc, #8 Exhibit H - KW Supp Init Disc, #9 Exhibit I - Omitted, #10 Exhibit J - NAR Second Supp Init Disc, #11 Exhibit K - Ganso Excerpt, #12 Exhibit L - Email, #13 Exhibit M - Email, #14 Exhibit N - Email, #15 Exhibit O - Realogy Init Disc, #16 Exhibit P - HSOA Init Disc, #17 Exhibit Q - KW Init Disc, #18 Exhibit R - NAR First Supp Init Disc, #19 Exhibit S - Ps' Subpoena, #20 Exhibit T - NAR's Subpoena)(Related document(s) #1105 ) (MacGill, Robert)
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Filing 1127
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)
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Filing 1126
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)
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Filing 1125
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)
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Filing 1124
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)
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Filing 1123
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)
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Filing 1122
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)
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Filing 1121
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)
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Filing 1120
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)
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Filing 1119
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).
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Filing 1118
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)
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Filing 1117
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)
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Filing 1116
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)
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Filing 1115
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)
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Filing 1114
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)
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Filing 1113
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)
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Filing 1112
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 Industry Plaintiffs' 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)
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Filing 1111
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)
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Filing 1110
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)
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Filing 1109
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)
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Filing 1108
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)
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Filing 1107
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)
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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)
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Filing 1106
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).
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Filing 1105
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)
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Filing 1104
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)
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Filing 1103
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)
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Filing 1102
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)
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Filing 1101
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)
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Filing 1100
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, Realogy Holdings Corp. . (Attachments: #1 Defendants' Objections to Plaintiffs' Proposed Jury Instructions)(Molo, Steven)
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Filing 1099
PROPOSED EXHIBIT LIST by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 1098
PROPOSED EXHIBIT LIST by Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Glass, Ethan)
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Filing 1097
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, #2 Notice of Exhibit Attachment Exhibit 2, #3 Notice of Exhibit Attachment Exhibit 3)(McCreight, Scott)
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Filing 1096
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)
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Filing 1095
PROPOSED EXHIBIT LIST BY THE HOMESERVICES DEFENDANTS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (MacGill, Robert)
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Filing 1094
DESIGNATION HOMESERVICES DEFENDANTS' OBJECTIONS TO COUNTER DESIGNATIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: #1 Exhibit A - HomeServices Defendants' Objections to Counter Designations)(MacGill, Robert)
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Filing 1093
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)
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Filing 1092
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)
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Filing 1091
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)
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Filing 1090
DESIGNATION of Non-HSA Defendants' Deposition Designations by Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Buchanan, David)
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Filing 1089
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)
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Filing 1088
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)
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Filing 1087
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)
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Filing 1086
DESIGNATION HOMESERVICES DEFENDANTS OBJECTIONS TO DESIGNATED DEPOSITION TESTIMONY AND COUNTER DESIGNATIONS by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: #1 Exhibit A - HSDs' Objections to Designated Deposition Testimony and Counter Designations)(MacGill, Robert)
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Filing 1085
PROPOSED WITNESS LIST by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano . (Boulware, Brandon)
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Filing 1084
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)
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Filing 1083
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)
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Filing 1082
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)
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Filing 1081
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)
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Filing 1080
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)
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Filing 1079
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)
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Filing 1078
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)
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Filing 1077
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)
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Filing 1076
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)
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Filing 1075
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)
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Filing 1074
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)
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Filing 1073
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)
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Filing 1072
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)
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Filing 1071
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)
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Filing 1070
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)
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Filing 1069
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)
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Filing 1068
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)
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Filing 1067
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)
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Filing 1066
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)
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Filing 1065
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)
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Filing 1064
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).
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Filing 1063
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).
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Filing 1062
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).
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Filing 1061
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).
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Filing 1060
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1059
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)
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Filing 1058
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).
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Filing 1057
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)
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Filing 1056
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)
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Filing 1055
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)
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Filing 1054
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)
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Filing 1053
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)
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Filing 1052
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)
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Filing 1051
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)
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Filing 1050
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)
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Filing 1049
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)
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Filing 1048
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)
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Filing 1047
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1046
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)
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Filing 1045
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)
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Filing 1044
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).
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Filing 1043
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)
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Filing 1042
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)
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Filing 1041
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)
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Filing 1040
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)
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Filing 1039
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)
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Filing 1038
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)
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Filing 1037
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)
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Filing 1036
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)
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Filing 1035
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1034
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)
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Filing 1033
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1032
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1031
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1030
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)
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Filing 1029
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)
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Filing 1028
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1027
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)
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Filing 1026
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)
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Filing 1025
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)
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Filing 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 All Defendants. Suggestions in opposition/response due by 1/13/2023 unless otherwise directed by the court. (Related document(s) #1019 ) (Molo, Steven)
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Filing 1023
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)
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Filing 1022
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1021
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)
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Filing 1020
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)
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Filing 1019
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)
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Filing 1018
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)
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Filing 1017
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)
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Filing 1016
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)
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Filing 1015
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)
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Filing 1014
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)
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Filing 1013
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)
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Filing 1012
SUGGESTIONS in support (SEALED) re #927 MOTION for summary judgment by the HomeServices Defendants Supplemental 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)
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Filing 1011
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)
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Filing 1010
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)
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Filing 1009
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)
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Filing 1008
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)
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Filing 1007
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)
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Filing 1006
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)
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Filing 1005
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)
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Filing 1004
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)
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Filing 1003
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)
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Filing 1002
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 1001
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)
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Filing 1000
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)
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Filing 999
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)
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Filing 998
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)
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Filing 997
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)
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Filing 996
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)
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Filing 995
NOTICE (SEALED) by National Association of Realtors re #991 Notice(SEALED), (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, #7 Exhibit 47, #8 Exhibit 48)(Glass, Ethan)
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Filing 994
NOTICE (SEALED) by National Association of Realtors re #991 Notice(SEALED), (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40)(Glass, Ethan)
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Filing 993
NOTICE (SEALED) by National Association of Realtors re #991 Notice(SEALED), (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30)(Glass, Ethan)
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Filing 992
NOTICE (SEALED) by National Association of Realtors re #991 Notice(SEALED), (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20)(Glass, Ethan)
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Filing 991
NOTICE (SEALED) by National Association of Realtors re #990 Notice(SEALED) (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, #9 Exhibit 9, #10 Exhibit 10)(Glass, Ethan)
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Filing 990
NOTICE (SEALED) by National Association of Realtors re #957 Notice(SEALED), Defendants' Responses to Plaintiffs' Statement of Material Facts (Glass, Ethan)
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Filing 989
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)
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Filing 988
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)
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Filing 987
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)
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Filing 986
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)
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Filing 985
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)
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Filing 984
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).
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Filing 983
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)
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Filing 982
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)
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Filing 981
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)
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Filing 980
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)
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Filing 979
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)
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Filing 978
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)
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Filing 977
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 976
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)
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Filing 975
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)
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Filing 974
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)
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Filing 973
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)
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Filing 972
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)
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Filing 971
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)
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Filing 970
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)
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Filing 969
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)
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Filing 968
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)
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Filing 967
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)
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Filing 966
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re #960 Notice(SEALED), #963 Notice(SEALED),,,,,,,,,,, #957 Notice(SEALED), #964 Notice(SEALED),,,,,,,,,,, #958 Notice(SEALED), #961 Notice(SEALED), #956 Suggestions in Opposition to Motion for Summary Judgment (Sealed),, #959 Notice(SEALED), #962 Notice(SEALED), #965 Notice(SEALED),,,,,,,,,,,, [Exhibits 376 - 510] (Attachments: #1 Exhibit 376, #2 Exhibit 377, #3 Exhibit 378, #4 Exhibit 379, #5 Exhibit 380, #6 Exhibit 381, #7 Exhibit 382, #8 Exhibit 383, #9 Exhibit 384, #10 Exhibit 385, #11 Exhibit 386, #12 Exhibit 387, #13 Exhibit 388, #14 Exhibit 389, #15 Exhibit 390, #16 Exhibit 391, #17 Exhibit 392, #18 Exhibit 393, #19 Exhibit 394, #20 Exhibit 395, #21 Exhibit 396, #22 Exhibit 397, #23 Exhibit 398, #24 Exhibit 399, #25 Exhibit 400, #26 Exhibit 401, #27 Exhibit 402, #28 Exhibit 403, #29 Exhibit 404, #30 Exhibit 405, #31 Exhibit 406, #32 Exhibit 407, #33 Exhibit 408, #34 Exhibit 409, #35 Exhibit 410, #36 Exhibit 411, #37 Exhibit 412, #38 Exhibit 413, #39 Exhibit 414, #40 Exhibit 415, #41 Exhibit 416, #42 Exhibit 417, #43 Exhibit 418, #44 Exhibit 419, #45 Exhibit 420, #46 Exhibit 421, #47 Exhibit 422, #48 Exhibit 423, #49 Exhibit 424, #50 Exhibit 425, #51 Exhibit 426, #52 Exhibit 427, #53 Exhibit 428, #54 Exhibit 429, #55 Exhibit 430, #56 Exhibit 431, #57 Exhibit 432, #58 Exhibit 433, #59 Exhibit 434, #60 Exhibit 435, #61 Exhibit 436, #62 Exhibit 437, #63 Exhibit 438, #64 Exhibit 439, #65 Exhibit 440, #66 Exhibit 441, #67 Exhibit 442, #68 Exhibit 443, #69 Exhibit 444, #70 Exhibit 445, #71 Exhibit 446, #72 Exhibit 447, #73 Exhibit 448, #74 Exhibit 449, #75 Exhibit 450, #76 Exhibit 451, #77 Exhibit 452, #78 Exhibit 453, #79 Exhibit 454, #80 Exhibit 455, #81 Exhibit 456, #82 Exhibit 457, #83 Exhibit 458, #84 Exhibit 459, #85 Exhibit 460, #86 Exhibit 461, #87 Exhibit 462, #88 Exhibit 463, #89 Exhibit 464, #90 Exhibit 465, #91 Exhibit 466, #92 Exhibit 467, #93 Exhibit 468, #94 Exhibit 469, #95 Exhibit 470, #96 Exhibit 471, #97 Exhibit 472, #98 Exhibit 473, #99 Exhibit 474, #100 Exhibit 475, #101 Exhibit 476, #102 Exhibit 477, #103 Exhibit 478, #104 Exhibit 479, #105 Exhibit 480, #106 Exhibit 481, #107 Exhibit 482, #108 Exhibit 483, #109 Exhibit 484, #110 Exhibit 485, #111 Exhibit 486, #112 Exhibit 487, #113 Exhibit 488, #114 Exhibit 489, #115 Exhibit 490, #116 Exhibit 491, #117 Exhibit 492, #118 Exhibit 493, #119 Exhibit 494, #120 Exhibit 495, #121 Exhibit 496, #122 Exhibit 497, #123 Exhibit 498, #124 Exhibit 499, #125 Exhibit 500, #126 Exhibit 501, #127 Exhibit 502, #128 Exhibit 503, #129 Exhibit 504, #130 Exhibit 505, #131 Exhibit 506, #132 Exhibit 507, #133 Exhibit 508, #134 Exhibit 509, #135 Exhibit 510)(Boulware, Brandon)
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Filing 965
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re #960 Notice(SEALED), #963 Notice(SEALED),,,,,,,,,,, #957 Notice(SEALED), #964 Notice(SEALED),,,,,,,,,,, #958 Notice(SEALED), #961 Notice(SEALED), #956 Suggestions in Opposition to Motion for Summary Judgment (Sealed),, #959 Notice(SEALED), #962 Notice(SEALED), [Exhibits 251 - 375] (Attachments: #1 Exhibit 251, #2 Exhibit 252, #3 Exhibit 253, #4 Exhibit 254, #5 Exhibit 255, #6 Exhibit 256, #7 Exhibit 257, #8 Exhibit 258, #9 Exhibit 259, #10 Exhibit 260, #11 Exhibit 261, #12 Exhibit 262, #13 Exhibit 263, #14 Exhibit 264, #15 Exhibit 265, #16 Exhibit 266, #17 Exhibit 267, #18 Exhibit 268, #19 Exhibit 269, #20 Exhibit 270, #21 Exhibit 271, #22 Exhibit 272, #23 Exhibit 273, #24 Exhibit 274, #25 Exhibit 275, #26 Exhibit 276, #27 Exhibit 277, #28 Exhibit 278, #29 Exhibit 279, #30 Exhibit 280, #31 Exhibit 281, #32 Exhibit 282, #33 Exhibit 283, #34 Exhibit 284, #35 Exhibit 285, #36 Exhibit 286, #37 Exhibit 287, #38 Exhibit 288, #39 Exhibit 289, #40 Exhibit 290, #41 Exhibit 291, #42 Exhibit 292, #43 Exhibit 293, #44 Exhibit 294, #45 Exhibit 295, #46 Exhibit 296, #47 Exhibit 297, #48 Exhibit 298, #49 Exhibit 299, #50 Exhibit 300, #51 Exhibit 301, #52 Exhibit 302, #53 Exhibit 303, #54 Exhibit 304, #55 Exhibit 305, #56 Exhibit 306, #57 Exhibit 307, #58 Exhibit 308, #59 Exhibit 309, #60 Exhibit 310, #61 Exhibit 311, #62 Exhibit 312, #63 Exhibit 313, #64 Exhibit 314, #65 Exhibit 315, #66 Exhibit 316, #67 Exhibit 317, #68 Exhibit 318, #69 Exhibit 319, #70 Exhibit 320, #71 Exhibit 321, #72 Exhibit 322, #73 Exhibit 323, #74 Exhibit 324, #75 Exhibit 325, #76 Exhibit 326, #77 Exhibit 327, #78 Exhibit 328, #79 Exhibit 329, #80 Exhibit 330, #81 Exhibit 331, #82 Exhibit 332, #83 Exhibit 333, #84 Exhibit 334, #85 Exhibit 335, #86 Exhibit 336, #87 Exhibit 337, #88 Exhibit 338, #89 Exhibit 339, #90 Exhibit 340, #91 Exhibit 341, #92 Exhibit 342, #93 Exhibit 343, #94 Exhibit 344, #95 Exhibit 345, #96 Exhibit 346, #97 Exhibit 347, #98 Exhibit 348, #99 Exhibit 349, #100 Exhibit 350, #101 Exhibit 351, #102 Exhibit 352, #103 Exhibit 353, #104 Exhibit 354, #105 Exhibit 355, #106 Exhibit 356, #107 Exhibit 357, #108 Exhibit 358, #109 Exhibit 359, #110 Exhibit 360, #111 Exhibit 361, #112 Exhibit 362, #113 Exhibit 363, #114 Exhibit 364, #115 Exhibit 365, #116 Exhibit 366, #117 Exhibit 367, #118 Exhibit 368, #119 Exhibit 369, #120 Exhibit 370, #121 Exhibit 371, #122 Exhibit 372, #123 Exhibit 373, #124 Exhibit 374, #125 Exhibit 375)(Boulware, Brandon)
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Filing 964
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re #960 Notice(SEALED), #963 Notice(SEALED),,,,,,,,,,, #957 Notice(SEALED), #958 Notice(SEALED), #961 Notice(SEALED), #956 Suggestions in Opposition to Motion for Summary Judgment (Sealed),, #959 Notice(SEALED), #962 Notice(SEALED), [Exhibits 126 - 250] (Attachments: #1 Exhibit 126, #2 Exhibit 127, #3 Exhibit 128, #4 Exhibit 129, #5 Exhibit 130, #6 Exhibit 131, #7 Exhibit 132, #8 Exhibit 133, #9 Exhibit 134, #10 Exhibit 135, #11 Exhibit 136, #12 Exhibit 137, #13 Exhibit 138, #14 Exhibit 139, #15 Exhibit 140, #16 Exhibit 141, #17 Exhibit 142, #18 Exhibit 143, #19 Exhibit 144, #20 Exhibit 145, #21 Exhibit 146, #22 Exhibit 147, #23 Exhibit 148, #24 Exhibit 149, #25 Exhibit 150, #26 Exhibit 151, #27 Exhibit 152, #28 Exhibit 153, #29 Exhibit 154, #30 Exhibit 155, #31 Exhibit 156, #32 Exhibit 157, #33 Exhibit 158, #34 Exhibit 159, #35 Exhibit 160, #36 Exhibit 161, #37 Exhibit 162, #38 Exhibit 163, #39 Exhibit 164, #40 Exhibit 165, #41 Exhibit 166, #42 Exhibit 167, #43 Exhibit 168, #44 Exhibit 169, #45 Exhibit 170, #46 Exhibit 171, #47 Exhibit 172, #48 Exhibit 173, #49 Exhibit 174, #50 Exhibit 175, #51 Exhibit 176, #52 Exhibit 177, #53 Exhibit 178, #54 Exhibit 179, #55 Exhibit 180, #56 Exhibit 181, #57 Exhibit 182, #58 Exhibit 183, #59 Exhibit 184, #60 Exhibit 185, #61 Exhibit 186, #62 Exhibit 187, #63 Exhibit 188, #64 Exhibit 189, #65 Exhibit 190, #66 Exhibit 191, #67 Exhibit 192, #68 Exhibit 193, #69 Exhibit 194, #70 Exhibit 195, #71 Exhibit 196, #72 Exhibit 197, #73 Exhibit 198, #74 Exhibit 199, #75 Exhibit 200, #76 Exhibit 201, #77 Exhibit 202, #78 Exhibit 203, #79 Exhibit 204, #80 Exhibit 205, #81 Exhibit 206, #82 Exhibit 207, #83 Exhibit 208, #84 Exhibit 209, #85 Exhibit 210, #86 Exhibit 211, #87 Exhibit 212, #88 Exhibit 213, #89 Exhibit 214, #90 Exhibit 215, #91 Exhibit 216, #92 Exhibit 217, #93 Exhibit 218, #94 Exhibit 219, #95 Exhibit 220, #96 Exhibit 221, #97 Exhibit 222, #98 Exhibit 223, #99 Exhibit 224, #100 Exhibit 225, #101 Exhibit 226, #102 Exhibit 227, #103 Exhibit 228, #104 Exhibit 229, #105 Exhibit 230, #106 Exhibit 231, #107 Exhibit 232, #108 Exhibit 233, #109 Exhibit 234, #110 Exhibit 235, #111 Exhibit 236, #112 Exhibit 237, #113 Exhibit 238, #114 Exhibit 239, #115 Exhibit 240, #116 Exhibit 241, #117 Exhibit 242, #118 Exhibit 243, #119 Exhibit 244, #120 Exhibit 245, #121 Exhibit 246, #122 Exhibit 247, #123 Exhibit 248, #124 Exhibit 249, #125 Exhibit 250)(Boulware, Brandon)
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Filing 963
NOTICE (SEALED) by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano re #960 Notice(SEALED), #957 Notice(SEALED), #958 Notice(SEALED), #961 Notice(SEALED), #956 Suggestions in Opposition to Motion for Summary Judgment (Sealed),, #959 Notice(SEALED), #962 Notice(SEALED), [Exhibit Index, Declarations, and Exhibits 1 - 125] (Attachments: #1 Declaration of Craig Schulman, #2 Declaration of Roger Alford, #3 Declaration of Brandon Boulware, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28, #32 Exhibit 29, #33 Exhibit 30, #34 Exhibit 31, #35 Exhibit 32, #36 Exhibit 33, #37 Exhibit 34, #38 Exhibit 35, #39 Exhibit 36, #40 Exhibit 37, #41 Exhibit 38, #42 Exhibit 39, #43 Exhibit 40, #44 Exhibit 41, #45 Exhibit 42, #46 Exhibit 43, #47 Exhibit 44, #48 Exhibit 45, #49 Exhibit 46, #50 Exhibit 47, #51 Exhibit 48, #52 Exhibit 49, #53 Exhibit 50, #54 Exhibit 51, #55 Exhibit 52, #56 Exhibit 53, #57 Exhibit 54, #58 Exhibit 55, #59 Exhibit 56, #60 Exhibit 57, #61 Exhibit 58, #62 Exhibit 59, #63 Exhibit 60, #64 Exhibit 61, #65 Exhibit 62, #66 Exhibit 63, #67 Exhibit 64, #68 Exhibit 65, #69 Exhibit 66, #70 Exhibit 67, #71 Exhibit 68, #72 Exhibit 69, #73 Exhibit 70, #74 Exhibit 71, #75 Exhibit 72, #76 Exhibit 73, #77 Exhibit 74, #78 Exhibit 75, #79 Exhibit 76, #80 Exhibit 77, #81 Exhibit 78, #82 Exhibit 79, #83 Exhibit 80, #84 Exhibit 81, #85 Exhibit 82, #86 Exhibit 83, #87 Exhibit 84, #88 Exhibit 85, #89 Exhibit 86, #90 Exhibit 87, #91 Exhibit 88, #92 Exhibit 89, #93 Exhibit 90, #94 Exhibit 91, #95 Exhibit 92, #96 Exhibit 93, #97 Exhibit 94, #98 Exhibit 95, #99 Exhibit 96, #100 Exhibit 97, #101 Exhibit 98, #102 Exhibit 99, #103 Exhibit 100, #104 Exhibit 101, #105 Exhibit 102, #106 Exhibit 103, #107 Exhibit 104, #108 Exhibit 105, #109 Exhibit 106, #110 Exhibit 107, #111 Exhibit 108, #112 Exhibit 109, #113 Exhibit 110, #114 Exhibit 111, #115 Exhibit 112, #116 Exhibit 113, #117 Exhibit 114, #118 Exhibit 115, #119 Exhibit 116, #120 Exhibit 117, #121 Exhibit 118, #122 Exhibit 119, #123 Exhibit 120, #124 Exhibit 121, #125 Exhibit 122, #126 Exhibit 123, #127 Exhibit 124, #128 Exhibit 125)(Boulware, Brandon)
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Filing 962
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)
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Filing 961
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)
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Filing 960
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)
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Filing 959
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)
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Filing 958
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)
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Filing 957
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)
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Filing 956
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).
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Filing 955
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)
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Filing 954
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)
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Filing 953
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)
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Filing 952
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)
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Filing 951
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)
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Filing 950
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew)
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Filing 949
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)
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Filing 948
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)
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Filing 947
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)
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Filing 946
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)
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Filing 945
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 944
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)
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Filing 943
RETURN OF SERVICE (non cmp) on RE/MAX Boone Realty re #939 Notice of filing. (Attachments: #1 Affidavit)(Webb, Danne)
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Filing 942
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)
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Filing 941
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)
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Filing 940
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)
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Filing 939
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)
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Filing 938
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)
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Filing 937
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)
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Filing 936
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)
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Filing 935
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)
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Filing 934
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)
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Filing 933
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)
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Filing 932
SUGGESTIONS in support (SEALED) re #930 MOTION for summary judgment filed by Ethan Glass on behalf of Defendant National Association of Realtors. (Attachments: #1 Declaration of E. Wright, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31)(Related document(s) #930 ) (Glass, Ethan)
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Filing 931
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)
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Filing 930
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).
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Filing 929
SUGGESTIONS in support (SEALED) re #928 MOTION for summary judgment filed by Stacey Anne Mahoney on behalf of Defendant Realogy Holdings Corp.. (Attachments: #1 Declaration of Stacey Anne Mahoney, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33)(Related document(s) #928 ) (Mahoney, Stacey) (Main Document 929 replaced on 9/1/2022) (Kern, Kendra).
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Filing 928
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)
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Filing 927
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).
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Filing 926
SUGGESTIONS in support (SEALED) re #925 MOTION for summary judgment filed by Eddie Hasdoo on behalf of Defendant Re/Max LLC. (Attachments: #1 Declaration of E. Hasdoo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Declaration of N. Bailey, #18 Declaration of K. Callahan)(Related document(s) #925 ) (Hasdoo, Eddie)
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Filing 925
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).
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Filing 924
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)
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Filing 923
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).
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Filing 922
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)
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Filing 921
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).
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Filing 920
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, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #919 ) (Buchanan, David)
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Filing 919
MOTION for order to Exclude Opinion testimony of Roger Alford filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Buchanan, David) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
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Filing 918
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 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 2-C, #6 Exhibit 3)(Related document(s) #917 ) (Buchanan, David)
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Filing 917
MOTION for summary judgment filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 10/10/2022 unless otherwise directed by the court. (Buchanan, David) Modified on 8/31/2022 to correct suggestions in opposition/response due date per Doc. #811 (Richard, Tracey).
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Filing 916
ORDER granting in part and denying in part #878 motion to stay. Signed on 8/29/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 915
Before the Court is Plaintiffs' Unopposed Motion for Approval of Supplemental Class Notice Plan. (Doc. #913.) Upon review, the motion is GRANTED. The Supplemental Notice Plan (in addition to the direct notice plan and notices previously approved) is approved. Signed on 8/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 914
Before this Court is the Motion to Clarify (#912). The Motion is granted and all defendants are granted leave to file confidential portions of the case under seal. Signed on 8/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 913
MOTION for order Plaintiffs' Unopposed Motion for Approval of Supplemental Class Notice Plan Plaintiffs' Unopposed Motion for Approval of Supplemental Class Notice Plan filed by Eric L. Dirks on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/9/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A)(Dirks, Eric)
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Filing 912
MOTION to clarify Text Order dated August 26, 2022 Regarding Filing Under Seal [DOC 910] filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc.. Suggestions in opposition/response due by 9/9/2022 unless otherwise directed by the court. (Webb, Danne)
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Filing 911
Amended NOTICE to take deposition of Stephen McWilliam 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)
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Filing 910
Before the Court is an Unopposed Motion for Enlargement of Page Limit and Leave to File Under Seal. (Doc. #906 .) Upon review, the motion is GRANTED. It is hereby ORDERED that: 1) Defendant Realogy Holdings Corp.'s Suggestions in Support of its Motion for Summary Judgment may exceed page limitations by two (2) pages; 2) Defendant National Association of REALTORSs Suggestions in Support of its Motion for Summary Judgment may exceed page limitations by five (5) pages; 3) Defendants Realogy Holdings Corp and National Association of REALTORS may file any confidential portions of their Suggestions in Support of their Motions for Summary Judgment, supporting exhibits, and their Motions to Exclude Expert Witness Testimony under seal. Signed on 8/26/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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Filing 909
REPLY SUGGESTIONS to motion re #878 MOTION to stay PENDING RESOLUTION OF FAA APPEAL filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #878 ) (MacGill, Robert)
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Filing 908
ORDER granting #907 motion to appear pro hac vice entered by Clerk of Court. Attorney Dina W. McKenney 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)
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Filing 907
Motion to allow Dina W. McKenney to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8077255) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David)
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Filing 906
MOTION for leave to file excess pages and File under Seal (Unopposed) filed by Ethan Glass on behalf of National Association of Realtors. Suggestions in opposition/response due by 9/8/2022 unless otherwise directed by the court. (Glass, Ethan)
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Filing 905
CERTIFICATE OF SERVICE by Re/Max LLC Amended Rule 26 Disclosures filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 904
Amended NOTICE to take deposition of Brian Montgomery 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)
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Filing 903
ELECTRONIC TRANSCRIPT of Teleconference held January 13, 2021, 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 8/29/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 11/21/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 902
SUGGESTIONS in opposition re #878 MOTION to stay PENDING RESOLUTION OF FAA APPEAL 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 9/6/2022 unless otherwise directed by the court. (Related document(s) #878 ) (Attorney Scott A McCreight added to party Shelly Dreyer(pty:pla), Attorney Scott A McCreight added to party Hollee Ellis(pty:pla), Attorney Scott A McCreight added to party Frances Harvey(pty:pla))(McCreight, Scott)
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Filing 901
TRANSCRIPT REQUEST by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. for proceedings held on October 21, 2019 (Doc. 137) and January 13, 2021 (Doc. 420) before Judge Stephen R. Bough.. (Attachments: #1 Exhibit A)(Fries, Brian)
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Filing 900
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 899
CERTIFICATE OF SERVICE by Re/Max LLC For Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 898
NOTICE to take deposition of Heartland Multiple Listing Service, Inc. filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 897
NOTICE to take deposition of Brian Montgomery 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)
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Filing 896
NOTICE to take deposition of Stephen McWilliam 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)
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Filing 895
NOTICE to take deposition of Dr. Craig Schulman filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 894
CERTIFICATE OF SERVICE by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano Certificate of Service - Plaintiffs' Responses and Objections to Requests for Admission filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Dirks, Eric)
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Filing 893
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 892
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 891
Amended NOTICE to take deposition of Realogy Holdings Corp. 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)
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Filing 890
CERTIFICATE OF SERVICE by Re/Max LLC Responses and Objections to Plaintiffs' Requests for Admission filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 889
CERTIFICATE OF SERVICE by National Association of Realtors of its Objections and Responses to Plaintiffs' Requests for Admission filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 888
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 887
CERTIFICATE OF SERVICE by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano Rebuttal Reports of Craig Schulman and Roger Alford filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Dirks, Eric)
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Filing 886
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)
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Filing 885
Amended NOTICE to take deposition of Frances Harvey filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 884
CERTIFICATE OF SERVICE by National Association of Realtors Twenty-seventh Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 883
USCA Case Number from 8th Circuit Court of Appeals is 22-2664 for #877 Notice of Appeal filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc.. Briefing schedule entered by the Court of Appeals is attached. (Attachments: #1 Schedule)(Terry, Jason)
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Filing 882
ORDER granting #881 motion to appear pro hac vice entered by Clerk of Court. Attorney Anne Bigler 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)
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Filing 881
Motion to allow Anne Bigler to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8051047) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 880
TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #877 Notice of Appeal. (Terry, Jason)
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Filing 879
SUGGESTIONS in support re #878 MOTION to stay PENDING RESOLUTION OF FAA APPEAL filed by Robert D MacGill on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #878 ) (MacGill, Robert)
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Filing 878
MOTION to stay PENDING RESOLUTION OF FAA APPEAL filed by Robert D MacGill on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 8/22/2022 unless otherwise directed by the court. (Attorney Robert D MacGill added to party BHH Affiliates, LLC(pty:dft), Attorney Robert D MacGill added to party HSF Affiliates, LLC(pty:dft))(MacGill, Robert)
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Filing 877
NOTICE OF APPEAL as to #843 Order on Motion to Compel, by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Filing fee $ 505, receipt number AMOWDC-8050854. (MacGill, Robert)
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Filing 876
NOTICE to take deposition of Walter Clements 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)
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Filing 875
ORDER granting #874 motion to appear pro hac vice entered by Clerk of Court. Attorney Elizabeth Wright 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)
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Filing 874
Motion to allow Elizabeth Wright to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8048506) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 873
CERTIFICATE OF SERVICE by Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano Plaintiffs' Supplemental Production of Documents filed by Matthew Lee Dameron on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Dameron, Matthew)
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Filing 872
NOTICE to take deposition of Hollee Ellis filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 871
ORDER granting #870 motion to appear pro hac vice entered by Clerk of Court. Attorney Kelly Ozurovich Watne for Re/Max LLC 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)
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Filing 870
Motion to allow Kelly Ozurovich Watne to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8044936) filed by Danne Wayne Webb on behalf of Re/Max LLC. (Webb, Danne)
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Filing 869
On August 3, 2022, the Court presided over a teleconference with the parties. For the reasons stated on the record, the Court GRANTS IN PART Defendants' request to amend the trial dates. Trial shall begin on February 21, 2023, and is scheduled for three weeks. Signed on 8/3/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 868
Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 8/3/2022. Order to be entered. Time in court: 10:30 a.m. to 10:47 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. (Richard, Tracey)
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Filing 867
CERTIFICATE OF SERVICE by National Association of Realtors of its First Supplemental Response and Objections to Plaintiffs' First Set of Interrogatories filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 866
CERTIFICATE OF SERVICE by National Association of Realtors NAR's Responses and Objections to Plaintiffs' First Amended Notice to Take Deposition filed by Jack R. Bierig on behalf of Defendant National Association of Realtors.(Bierig, Jack)
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Filing 865
ORDER granting #863 and #864 motion to appear pro hac vice entered by Clerk of Court. Attorney Beatriz Mejia and Deepti Bansal 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)
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Filing 864
Motion to allow Deepti Bansal to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8042287) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 863
Motion to allow Beatriz Mejia to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8042282) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 862
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-Sixth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 861
Amended NOTICE to take deposition of Realogy Holdings Corp. 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)
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Filing 860
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 8/3/2022 at 10:30 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 859
Amended NOTICE to take deposition of Frances Harvey filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 858
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 857
NOTICE to take deposition of Frances Harvey filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 856
ORDER granting #850 , #851 , #852 , #853 , #854 , and #855 motion to appear pro hac vice entered by Clerk of Court. Attorney Steven F. Molo,Justin M. Ellis,Lauren M. Weinstein,Matthew J. Fisher,Pamela Yaacoub, and Eugene A. Sokoloff 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)
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Filing 855
Motion to allow Eugene A. Sokoloff to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035582) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 854
Motion to allow Pamela Yaacoub to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035573) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 853
Motion to allow Matthew J. Fisher to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035567) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 852
Motion to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035562) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 851
Motion to allow Justin M. Ellis to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035554) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 850
Motion to allow Steven F. Molo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-8035536) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 849
Amended DISCLOSURE OF CORPORATE INTERESTS filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 848
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 847
NOTICE of filing Notice of Withdrawal - Shelly Dreyer by Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Dirks, Eric)
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Filing 846
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 845
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-fifth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 844
CERTIFICATE OF SERVICE by Re/Max LLC of Objections and Responses to Plaintiffs' Third Amended Notice to Take Videotaped Deposition of RE/MAX LLC pursuant to Fed.R.Civ.P. 30(b)(6) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 843
ORDER denying #757 motion to compel; denying #784 motion to compel. Signed on 7/19/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 842
NOTICE to take deposition of Shelly Dreyer filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 841
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. of Expert Reports of David Stevens, Walt Clements and Lawrence Wu filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 840
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 839
Amended NOTICE to take deposition of Realogy Holdings Corp. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 838
Amended NOTICE to take deposition of The National Association of Realtors filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 837
NOTICE to take deposition of Lawrence Wu filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 836
NOTICE to take deposition of David Stevens filed by Jeremy M. Suhr on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Suhr, Jeremy)
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Filing 835
ORDER granting #834 Joint Motion for Approval of Class Notice Plan. Signed on 7/11/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 834
Joint MOTION for order Joint Motion for Approval of Class Notice Plan filed by Eric L. Dirks on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/22/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Attorney Eric L. Dirks added to party Shelly Dreyer(pty:pla), Attorney Eric L. Dirks added to party Hollee Ellis(pty:pla), Attorney Eric L. Dirks added to party Frances Harvey(pty:pla))(Dirks, Eric)
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Filing 833
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron 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.(Attorney Matthew Lee Dameron added to party Shelly Dreyer(pty:pla), Attorney Matthew Lee Dameron added to party Hollee Ellis(pty:pla), Attorney Matthew Lee Dameron added to party Frances Harvey(pty:pla))(Dameron, Matthew)
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Filing 832
Amended NOTICE to take deposition of RE/MAX LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 831
CERTIFICATE OF SERVICE by All Plaintiffs Plaintiffs' Requests for Admission to Defendants filed by Jeremy M. Suhr 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.(Suhr, Jeremy)
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Filing 830
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 829
CERTIFICATE OF SERVICE by National Association of Realtors First Requests for Admissions to Named Plaintiffs filed by Jack R. Bierig on behalf of Defendant National Association of Realtors.(Bierig, Jack)
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Filing 828
REPLY SUGGESTIONS to motion re #784 MOTION to compel Arbitration filed by Danne Wayne Webb on behalf of Defendants Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Related document(s) #784 ) (Webb, Danne)
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Filing 827
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 826
CERTIFICATE OF SERVICE by National Association of Realtors filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 825
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 824
Before the Court is a Motion to Withdraw as Counsel. (Doc. #823.) Upon review, the motion is GRANTED. Amy R. Jackson is hereby withdrawn as counsel of record. Plaintiffs will continue to be represented by their counsel of record. Signed on 7/1/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 823
MOTION to withdraw as attorney filed by Amy R Jackson on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/15/2022 unless otherwise directed by the court. (Jackson, Amy)
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Filing 822
REPLY SUGGESTIONS to motion re #757 MOTION to compel Arbitration filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #757 ) (Fries, Brian)
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Filing 821
Before the Court is Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC's Unopposed Motion for Enlargement of Page Limit. (Doc. #820.) Upon review, the motion is GRANTED. Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC may file briefs in reply to their Motion to Compel Arbitration (Doc. #757) up to seventeen (17) pages in length. Signed on 6/30/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 820
Consent MOTION for leave to file excess pages filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 7/14/2022 unless otherwise directed by the court. (Fries, Brian)
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Filing 819
The National Association of Realtors, Keller Williams Realty, Inc., and Realogy Holdings Corp. to File Their Reply Suggestions in Support of Motion to Compel Arbitration. (Doc. #818.) Upon review, the motion is GRANTED. Defendants Re/Max, LLC, The National Association of Realtors, Keller Williams Realty, Inc., and Realogy Holdings Corp. may file their reply in support of their Motion to Compel Arbitration (Doc. #757) on or before July 7, 2022. Signed on 6/29/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 818
Consent MOTION for extension of time to file response/reply SUGGESTIONS IN SUPPORT OF MOTION TO COMPEL ARBITRATION filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 7/13/2022 unless otherwise directed by the court. (Webb, Danne)
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Filing 817
ORDER granting #816 motion to appear pro hac vice entered by Clerk of Court. Attorney Samantha A. Strauss 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. (Berner, Crystal)
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Filing 816
Motion to allow Samantha A. Strauss to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7995224) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 815
CERTIFICATE OF SERVICE by Re/Max LLC Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 814
NOTICE to take deposition of Todd Reynolds filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 813
NOTICE to take deposition of Roger Alford filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 812
Pursuant to the Court's June 13, 2022, Order (Doc. #799), the parties filed a Joint Status Report regarding a proposed class notice plan. (Doc. #808.) While the parties state they continue to make substantial progress avoiding disputes regarding a notice plan, Federal Rule of Civil Procedure 23(c)(B) requires the Court to approve a notice plan that provides "the best notice that is practicable under the circumstances." Accordingly, the Court hereby ORDERS (1) the parties to submit a joint motion detailing the notice plan for the Court to review on or before July 8, 2022; or (2) if the parties cannot reach an agreed upon proposed class notice plan for the Court's approval, the parties shall submit separate motions for the Court to review on or before July 8, 2022. Signed on 6/21/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 811
FIFTH AMENDED SCHEDULING ORDER: Oral argument on dispostive motions will be held on November 18, 2022, at 9:30 a.m. The pretrial conference shall be held on January 6, 2023, at 9:00 a.m. Trial shall begin on February 21, 2023, and be scheduled for two weeks. Signed on 6/21/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 810
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 809
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 808
STATUS REPORT - Joint Status Report - by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: #1 Exhibit A - Modified Notices)(Fries, Brian)
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Filing 807
SUGGESTIONS in opposition re #784 MOTION to compel Arbitration filed by Jeremy M. Suhr 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 6/30/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #784 ) (Suhr, Jeremy)
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Filing 806
SUGGESTIONS in opposition re #757 MOTION to compel Arbitration filed by Jeremy M. Suhr 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 6/30/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #757 ) (Suhr, Jeremy)
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Filing 805
Joint MOTION to amend/correct #543 Amended Scheduling Order,,, Terminate Motions,, filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 6/30/2022 unless otherwise directed by the court. (Related document(s) #543 ) (Fries, Brian)
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Filing 804
Amended NOTICE to take deposition of Jeffrey Rothbart filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 803
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 802
NOTICE to take deposition of Dr. Craig Schulman filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 801
STIPULATION [Second Amended Stipulation Regarding Keller Williams Trial Witnesses] by Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 800
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 799
ORDER - On June 10, 2022, Defendants filed their Response to Plaintiffs' Notice of Filing Class Notice (Doc. #798 ). Defendant' filing states that the parties are continuing to meet and confer regarding a class notice plan and are hopeful to resolve any differences this week. In turn, the Court hereby ORDERS that the parties shall file a joint status report regarding an agreed upon proposed class notice plan on or before June 17, 2022. Signed on 6/13/22 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Anderson, Christy)
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Filing 798
NOTICE of filing Defendants' Response to Plaintiffs' Notice of Filing Class Notice by HomeServices of America, Inc. (Attachments: #1 Exhibit A)(Fries, Brian)
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Filing 797
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 796
NOTICE to take deposition of Douglas Minor filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 795
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-fourth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 794
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 793
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 792
Before the Court is Plaintiffs' Consent Motion for Extension of Time. (Doc. #790.) For good cause stated, the motion is GRANTED. Plaintiffs shall have up to and including June 16, 2022, to respond to Defendants RE/MAX, LLC, The National Association of Realtors, Realogy Holdings Corp. and Keller Williams Realty, Inc.'s Motion to Compel Arbitration or, in the Alternative, to Stay Proceedings Pending Arbitration. Signed on 6/3/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 791
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 790
Consent MOTION for extension of time filed by Jeremy M. Suhr on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 6/17/2022 unless otherwise directed by the court. (Suhr, Jeremy)
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Filing 789
NOTICE to take deposition of Jeffrey Rothbart filed by Ethan Glass on behalf of Defendant National Association of Realtors.(Glass, Ethan)
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Filing 788
CERTIFICATE OF SERVICE by Re/Max LLC For Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 787
Amended NOTICE to take deposition of Realogy Holdings Corp. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 786
Amended NOTICE to take deposition of RE/MAX LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 785
SUGGESTIONS in support re #784 MOTION to compel Arbitration filed by Danne Wayne Webb on behalf of Defendants Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Related document(s) #784 ) (Webb, Danne)
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Filing 784
MOTION to compel Arbitration filed by Danne Wayne Webb on behalf of Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. Suggestions in opposition/response due by 6/10/2022 unless otherwise directed by the court. (Attorney Danne Wayne Webb added to party Keller Williams Realty, Inc.(pty:dft), Attorney Danne Wayne Webb added to party National Association of Realtors(pty:dft), Attorney Danne Wayne Webb added to party Realogy Holdings Corp.(pty:dft))(Webb, Danne)
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Filing 783
The Court ORDERS that Defendants shall have up to and including June 10, 2022, to file any objections to Plaintiffs' Notice of Filing Proposed Class Notice (Doc. #760). Signed on 5/25/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 782
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 781
ANSWER to #759 Amended Complaint on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Attorney Jennifer M. Keas added to party BHH Affiliates, LLC(pty:dft), Attorney Jennifer M. Keas added to party HSF Affiliates, LLC(pty:dft))(Keas, Jennifer)
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Filing 780
CERTIFICATE OF SERVICE by Re/Max LLC For Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 779
RE/MAX LLC's ANSWER to #759 Amended Complaint (Third) on behalf of Re/Max LLC.(Webb, Danne)
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Filing 778
Defendant Keller Williams Realty, Inc.'s Defenses and ANSWER to #759 Amended Complaint on behalf of Keller Williams Realty, Inc..(Buchanan, David)
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Filing 777
ANSWER to #759 Amended Complaint on behalf of Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 776
ANSWER to #759 Amended Complaint on behalf of National Association of Realtors.(Bierig, Jack)
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Filing 775
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. of Subpoena to Produce Documents with Affidavit of Service Exhibit A filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Attachments: #1 Exhibit A)(Buchanan, David)
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Filing 774
NOTICE to take deposition of James Shaw filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 773
Amended NOTICE to take deposition of Marc King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 772
Amended NOTICE to take deposition of Meredith Maples filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 771
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, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 770
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, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 769
Amended NOTICE to take deposition of HomeServices of America, Inc. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 768
Before the Court is a Consent Motion for Extension of Time and Enlargement of Page Limit. (Doc. #767.) For good cause stated, the motion is GRANTED. Plaintiffs shall have up to and including June 16, 2022, to respond to the HomeServices Defendants' Motion to Compel Arbitration (Doc. #757). Plaintiffs' response may be up to and including twenty-five (25) pages, not including exhibits, signature blocks, statement of facts, table of contents, and tables of authorities pursuant to Local Rule 7.0(d). Signed on 3/17/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 767
Consent MOTION for extension of time to file response/reply and Enlargement of Page Limit filed by Jeremy M. Suhr on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 5/31/2022 unless otherwise directed by the court. (Attorney Jeremy M. Suhr added to party Shelly Dreyer(pty:pla), Attorney Jeremy M. Suhr added to party Hollee Ellis(pty:pla), Attorney Jeremy M. Suhr added to party Frances Harvey(pty:pla))(Suhr, Jeremy)
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Filing 766
Amended NOTICE to take deposition of Realogy Holdings Corp. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Shelly Dreyer, Hollee Ellis, Frances Harvey, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Attorney Brandon J.B. Boulware added to party Shelly Dreyer(pty:pla), Attorney Brandon J.B. Boulware added to party Hollee Ellis(pty:pla), Attorney Brandon J.B. Boulware added to party Frances Harvey(pty:pla))(Boulware, Brandon)
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Filing 765
NOTICE of change of address by Danne Wayne Webb (Webb, Danne)
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Filing 764
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 763
Before the Court is a Motion by Keller Williams Realty, Inc. for Leave to Issue Rule 45 Subpoena. (Doc. #762.) For good cause stated, the motion is GRANTED. Keller Williams may issue the attached subpoena (Doc. #762-1) to third party Real Estate Exchange. Signed on 5/10/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 762
MOTION for leave to file to Issue Rule 45 Subpoena filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 5/24/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Buchanan, David)
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Filing 761
CERTIFICATE OF SERVICE by All Plaintiffs Certificate of Service filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 760
NOTICE of filing Plaintiffs' Notice of Filing Proposed Class Notice by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: #1 Exhibit A, #2 Exhibit B)(Dirks, Eric)
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Filing 759
AMENDED COMPLAINT Third Amended Class Action Complaint against All Defendants filed by Matthew Lee Dameron on behalf of All Plaintiffs.(Dameron, Matthew)
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Filing 758
SUGGESTIONS in support re #757 MOTION to compel Arbitration filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Holly Smith regarding ReeceNichols, #2 Exhibit 2 - Supplemental Declaration of Holly Smith regarding BHH KC)(Related document(s) #757 ) (Fries, Brian)
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Filing 757
MOTION to compel Arbitration filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 5/19/2022 unless otherwise directed by the court. (Fries, Brian)
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Filing 756
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-third Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 755
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 754
ORDER granting #749 , #750 , #751 , #752 motion to appear pro hac vice entered by Clerk of Court. Attorney John S. Purcell, Molly L. Wiltshire, Robert J. Wierenga, and Jacob K. Danziger 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. (Berner, Crystal)
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Filing 753
CERTIFICATE OF SERVICE by Re/Max LLC of Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 752
Motion to allow Jacob Danziger to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7909580) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 751
Motion to allow Robert Wierenga to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7909577) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 750
Motion to allow Molly Wiltshire to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7909570) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 749
Motion to allow John Purcell to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7909565) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 748
ORDER granting #747 motion to appear pro hac vice entered by Clerk of Court. Attorney Ethan Glass 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. (Berner, Crystal)
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Filing 747
Motion to allow Ethan Glass to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7908324) filed by Alexander Barrett on behalf of National Association of Realtors. (Barrett, Alexander)
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Filing 746
CERTIFICATE OF SERVICE by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano [Plaintiffs' Third Supplemental Initial Disclosures] filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 745
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-second Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 744
Amended NOTICE to take deposition of Robert Watson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 743
Amended NOTICE to take deposition of Brian Peterson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 742
ELECTRONIC TRANSCRIPT of Class Certification Hearing held April 18, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 103. 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 4/29/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 7/21/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 741
ORDER granting #459 Motion for Class Certification. Signed on 4/22/2022 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 740
Amended NOTICE to take deposition of RE/MAX LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 739
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 738
Amended NOTICE to take deposition of Will Fried filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 737
NOTICE to take deposition of The National Association of Realtors filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 736
NOTICE to take deposition of Linda O'Connor filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 735
NOTICE to take deposition of Will Fried filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 734
Amended NOTICE to take deposition of Realogy Holdings Corp. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 733
Before the Court is Defendant's Motion to Exclude Class Certification Opinion Testimony of Dr. Craig T. Schulman. (Doc. #552.) For the reasons stated during the oral arguments conducted on April 18, 2022, the motion is DENIED. Signed on 4/18/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 732
Minute Entry. Proceedings held before District Judge Stephen R. Bough: ORAL ARGUMENT held on 4/18/2022. Oral argument on Plaintiff's Motion for Class Certification (Doc. #459) and Defendant's Motion to Exclude Class Certification Testimony (Doc. #552). Plaintiff calls Dr. Craig T. Schulman. Witness sworn. Direct examination 1:32 p.m. Witness excused 1:49 p.m. Plaintiff presents oral arguments. Defendant presents oral argument 2:06 p.m. Defendant calls Lauren J. Stiroh, Ph.D. Witness sworn. Direct examination 2:19 p.m. Cross examination 3:06 p.m. Redirect examination 3:22 p.m. Witness excused 3:22 p.m. Defendant presents oral argument 3:23 p.m. Plaintiffs recalls Dr. Craig T. Schulman. Direct examination 3:34 p.m. Witness excused. Plaintiff presents oral argument 3:37 p.m. Time in court: 1:26 p.m. to 3:42 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)
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Filing 731
NOTICE of filing - Notice of Supplemental Authority and Material - by HomeServices of America, Inc. re #553 Suggestions in Opposition to Motion (Sealed),,,,,, (Attachments: #1 Exhibit A - NYPL v. JPMorgan Chase & Co., #2 Exhibit B - Deposition of Sharon Millett (HomeServices' Portion, January 21, 2022))(Fries, Brian)
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Filing 730
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 4/13/2022 at 2:00 PM before District Judge Stephen R. Bough. (Richard, Tracey)
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NOTICE OF HEARING CANCELLATION - The Discovery Dispute Telephone Conference scheduled for 4/13/2022 at 2:00 p.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 729
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 728
Amended NOTICE to take deposition of Steven DiNapoli filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 727
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 726
Before the Court is Defendant Realogy Holdings Corporation's Motion to Withdraw as Counsel. (Doc. #721.) For good cause stated, the motion is GRANTED. Jonathan M. Justl is hereby withdrawn as counsel for Defendant Realogy. Defendant Realogy shall continue to be represented by its other counsel of record. Signed on 4/7/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 725
Amended NOTICE to take deposition of Jay Papasan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 724
STIPULATION [Amended] Regarding Keller Williams Trial Witnesses by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 723
CERTIFICATE OF SERVICE by National Association of Realtors of its Twenty-first Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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NOTICE OF HEARING CANCELLATION - The Discovery Dispute Telephone Conference scheduled for 4/6/2022 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 722
Amended NOTICE to take deposition of Nick Bailey filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 721
MOTION to withdraw as attorney filed by Kenneth M. Kliebard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 4/18/2022 unless otherwise directed by the court. (Kliebard, Kenneth)
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Filing 720
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 719
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 4/6/2022 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 718
ELECTRONIC TRANSCRIPT of Teleconference held March 24, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 12. 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 4/7/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 6/29/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 717
NOTICE to take deposition of Steven DiNapoli filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 716
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, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 715
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, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 714
Amended NOTICE to take deposition of HomeServices of America, Inc. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 713
Amended NOTICE to take deposition of Marc King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 712
Amended NOTICE to take deposition of James Elsea filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 711
Amended NOTICE to take deposition of Meredith Maples filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 710
STIPULATION Regarding HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC Trial Witnesses by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 709
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents to the Northwest Multiple Listing Service by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger (Attachments: #1 Exhibit A)(Dirks, Eric)
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Filing 708
Amended NOTICE to take deposition of Carole McCabe filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 707
Amended NOTICE to take deposition of Ron Peltier filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 706
On March 24, 2022, the Court conducted a teleconference regarding the upcoming April 18, 2022, oral arguments on the motion for class certification. For the reasons stated during that hearing, the Court ORDERS that the oral arguments shall last two hours. Each side shall have one hour to present their arguments including, if they choose, live testimony from their class certification expert witness. Signed on 3/24/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 705
Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 3/24/2022. Time in court: 9:00 a.m. to 9:16 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. (Richard, Tracey)
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Filing 704
NOTICE of filing - Notice of Intent to Issue Subpoena to Produce Documents to Northwest Multiple Listing Service by Realogy Holdings Corp. (Attachments: #1 Exhibit A - Subpoena)(Kliebard, Kenneth)
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Filing 703
NOTICE to take deposition of Sarah Butler filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 702
Amended NOTICE to take deposition of Robert Watson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 701
Amended NOTICE to take deposition of Brian Peterson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 700
Amended NOTICE to take deposition of Ron Peltier filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 699
NOTICE to take deposition of Jo-Ann Sloan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 698
Amended NOTICE to take deposition of Karri Callahan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 697
Amended NOTICE to take deposition of Wendy Crane filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 696
NOTICE to take deposition of designated representative(s) of RE/MAX LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 695
NOTICE to take deposition of designated representative(s) of Realogy Holdings Corp. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 694
NOTICE to take deposition of designated representative(s) of Keller Williams Realty, Inc. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 693
NOTICE to take deposition of designated representative(s) of HSF Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 692
NOTICE to take deposition of designated representative(s) of HomeServices of America, Inc. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 691
NOTICE to take deposition of designated representative(s) of BHH Affiliates, LLC filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 690
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 3/24/2022 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 689
STIPULATION Regarding Keller Williams Trial Witnesses by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 688
NOTICE to take deposition of James Elsea filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 687
NOTICE to take deposition of Marc King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 686
Amended NOTICE to take deposition of Rene Galicia filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 685
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and Testify at a Deposition to the Southern Missouri Regional MLS by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger (Attachments: #1 Exhibit 1)(Dirks, Eric)
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Filing 684
Amended NOTICE to take deposition of Kansas City Regional Association of Realtors filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 683
Amended NOTICE to take deposition of Mid-America Regional Information Systems, Inc. filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 682
Amended NOTICE to take deposition of Columbia Board of Realtors filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 681
Amended NOTICE to take deposition of Ryan Schneider filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 680
Amended NOTICE to take deposition of Carole McCabe filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 679
Amended NOTICE to take deposition of Rene Galicia filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 678
Amended NOTICE to take deposition of Adam Contos filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 677
NOTICE to take deposition of Rene Galicia filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 676
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and to Testify at a Deposition to Mid-America Regional Information Systems, Inc. by Realogy Holdings Corp. (Attachments: #1 Exhibit 1 - Subpoena)(Clinkinbeard, Karrie)
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Filing 675
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and to Testify at a Deposition to Kansas City Regional Association of Realtors by Realogy Holdings Corp. (Attachments: #1 Exhibit 1 - Subpoena)(Clinkinbeard, Karrie)
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Filing 674
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and to Testify at a Deposition to Greater Springfield Board of Realtors by Realogy Holdings Corp. (Attachments: #1 Exhibit 1 - Subpoena)(Clinkinbeard, Karrie)
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Filing 673
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and to Testify at a Deposition to Columbia Board of Realtors by Realogy Holdings Corp. (Attachments: #1 Exhibit 1- Subpoena)(Clinkinbeard, Karrie)
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Filing 672
ELECTRONIC TRANSCRIPT of Teleconference held February 10, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 10. 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 2/22/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 5/16/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 671
NOTICE to take deposition of Meredith Maples filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 670
NOTICE to take deposition of Mike Brodie filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 669
STIPULATION Regarding Realogy Trial Witnesses by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 668
NOTICE to take deposition of Karri Callahan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 667
On February 10, 2022, the Court presided over a discovery dispute teleconference pursuant to Local Rule 37.1. For the reasons stated on the record, the Court ORDERS that while this case is not consolidated with the Moehrl case, the parties are not precluded from using the deposition testimony in the Moehrl case under Federal Rule of Civil Procedure 32(a). Signed on 2/10/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 666
Minute Entry. Proceedings held before District Judge Stephen R. Bough: Discovery Dispute TELEPHONE CONFERENCE held on 2/10/2022. Order to be entered. Time in court: 11:02 a.m. to 11:15 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. (Richard, Tracey)
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Filing 665
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 2/10/2022 at 11:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 664
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 2/10/2021 at 11:00 AM in Chambers before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 663
STIPULATION Regarding the National Association of Realtors Trial Witnesses by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. (Boulware, Brandon)
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Filing 662
Amended NOTICE to take deposition of Adam Contos filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 661
Amended NOTICE to take deposition of Nick Bailey filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 660
NOTICE to take deposition of David Liniger filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 659
ELECTRONIC TRANSCRIPT of Teleconference held January 18, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 5. 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 2/11/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 5/5/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 658
ELECTRONIC TRANSCRIPT of Teleconference held January 13, 2022, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 13. 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 2/11/2022 unless otherwise directed by the court. Release of Transcript Restriction set for 5/5/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 657
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument on motions regarding class certification (Docs. 459 and 552) is set for 4/18/2022 at 1:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 656
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument on motion regarding class certification (Docs. 459 and 552) is set for 4/15/2022 at 1:30 PM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 655
NOTICE to take deposition of Jenny Moyer filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 654
NOTICE to take deposition of Rosalie Warner filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 653
NOTICE to take deposition of Wendy Crane filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 652
NOTICE to take deposition of Carole McCabe filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 651
NOTICE to take deposition of Amy Somerville filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 650
NOTICE to take deposition of Genevieve Lawrence filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 649
NOTICE to take deposition of Serene Smith filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 648
Amended NOTICE to take deposition of Michelle Figgs filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 647
Before the Court is RE/MAX, LLC's Motion to Withdraw as Counsel. (Doc. #646.) For good cause shown, the motion is GRANTED. Jeremy J. Gray is hereby withdrawn as counsel for Defendant RE/MAX, LLC. Defendant RE/MAX, LLC shall continue to be represented by its other counsel of record. Signed on 2/2/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 646
MOTION to withdraw as attorney (Jeremy J. Gray) filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 2/16/2022 unless otherwise directed by the court. (Webb, Danne)
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Filing 645
ORDER granting #644 motion to appear pro hac vice entered by Clerk of Court. Attorney Eric Enson for Re/Max LLC 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)
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Filing 644
Motion to allow Eric Enson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7785156) filed by Danne Wayne Webb on behalf of Re/Max LLC. (Webb, Danne)
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Filing 643
Amended NOTICE to take deposition of Robert Moline filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 642
Amended NOTICE to take deposition of Dana Strandmo filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 641
Amended NOTICE to take deposition of Jon Coile filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 640
Amended NOTICE to take deposition of Gino Blefari filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 639
Before the Court is Plaintiffs' Motion Challenging Confidentiality Designations and Under Seal Filing. (Doc #581.) On January 31, 2022, the parties informed the Court that the issue has been resolved. Accordingly, the motion is DENIED AS MOOT. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey) Modified on 1/31/2022 to correct a typo(Richard, Tracey).
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Filing 638
REPLY SUGGESTIONS to motion (Sealed) re #459 MOTION for Order (SEALED) Plaintiffs' Motion for Class Certification and Suggestions in Support Plaintiffs' Suggestions in Reply to Realogy Holdings Corp.'s Suggestions in Opposition to Plaintiffs' Motion for Class Certification filed by Jeremy M. Suhr on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. (Attachments: #1 Exhibit Ex. 75, #2 Exhibit Ex. 76, #3 Exhibit Ex. 77, #4 Exhibit Dohr Dep. Ex. 73)(Related document(s) #459 ) (Suhr, Jeremy)
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Filing 637
REPLY SUGGESTIONS to motion (Sealed) re #459 MOTION for Order (SEALED) Plaintiffs' Motion for Class Certification and Suggestions in Support filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. (Attachments: #1 Affidavit Declaration of Eric Dirks, #2 Exhibit 65, #3 Exhibit 66, #4 Exhibit 67, #5 Exhibit 68, #6 Exhibit 69, #7 Exhibit 70, #8 Exhibit 71, #9 Exhibit 72, #10 Exhibit 73, #11 Exhibit 74)(Related document(s) #459 ) (Dirks, Eric)
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Filing 636
DESIGNATION - Defendants' Supplemental Expert Disclosure Under Fed. P. Civ. P. 26 - by BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC, Realogy Holdings Corp., National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC, Realogy Holdings Corp., National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc..(Fries, Brian)
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Filing 635
REPLY SUGGESTIONS to motion (Sealed) re #552 Joint MOTION for Order (SEALED) Defendants' Motion to Exclude Class Certification 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., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. (Attachments: #1 Declaration of Scott E. Murray, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Related document(s) #552 ) (Fries, Brian)
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Filing 634
Before the Court is HomeServices Defendants' Unopposed Motion for Leave to Exceed Page Limit and File Under Seal. (Doc. #633.) For good cause stated, the motion is GRANTED. HomeServices Defendants' forthcoming Reply Suggestions in Support of their Motion to Exclude Class Certification Opinion Testimony of Dr. Craig T. Schulman may be up to and including 15 pages in length, excluding exhibits, signature blocks, statement of facts, table of contents, and table of authorities. The Reply Suggestions and exhibits may be filed under seal. Signed on 1/26/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 633
MOTION for leave to file excess pages (Unopposed), MOTION for leave to file Reply Suggestions Under Seal (Unopposed) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 2/9/2022 unless otherwise directed by the court. (Fries, Brian)
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Filing 632
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dameron, Matthew)
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Filing 631
Before the Court is Plaintiffs Unopposed Motion for Leave to Exceed Page Limit and File Under Seal. (Doc. #630.) For good cause stated, the motion is GRANTED. Plaintiffs Reply to Defendants Opposition to Class Certification may be up to and including forty-five (45) pages. Plaintiffs Reply to Defendant Realogy Holding Corp.s Suggestions in Opposition to Plaintiffs Motion for Class Certification may be up to and including fifteen (15) pages. Both briefs and their exhibits may be filed under seal. Signed on 1/24/2022 by District Judge Stephen R. Bough. (Crocker, Susan)
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Filing 630
MOTION for leave to file excess pages and File Under Seal (Unopposed) filed by Eric L. Dirks on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. Suggestions in opposition/response due by 2/4/2022 unless otherwise directed by the court. (Dirks, Eric)
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Filing 629
NOTICE to take deposition of Jay Papasan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 628
NOTICE to take deposition of Cary Sylvester filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 627
NOTICE to take deposition of Robert Watson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 626
NOTICE to take deposition of Brian Peterson filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 625
NOTICE to take deposition of Robert Moline filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 624
NOTICE to take deposition of Ron Peltier filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 623
Cross NOTICE to take deposition of SHARON MILLETT (CROSS NOTICE) filed by Robert D MacGill on behalf of Defendant HomeServices of America, Inc..(MacGill, Robert)
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Filing 622
RETURN OF SERVICE (non cmp) Subpoena to Columbia Board of Realtors (Dirks, Eric)
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Filing 621
Amended NOTICE to take deposition of Michelle Figgs filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 620
Amended NOTICE to take deposition of John Peyton filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 619
CERTIFICATE OF SERVICE by Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Southern Missouri Regional MLS LLC re #571 Notice of filing, #572 Notice of filing, #570 Notice of filing, #569 Notice of filing, filed by Phillip James Richard Zeeck on behalf of Movants Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Southern Missouri Regional MLS LLC. Related document: #571 Notice of filing, filed by Jerod Breit, Jeremy Keel, Scott Trupiano, Ryan Hendrickson, Rhonda Burnett, Scott Burnett, #572 Notice of filing, filed by Jerod Breit, Jeremy Keel, Scott Trupiano, Ryan Hendrickson, Rhonda Burnett, Scott Burnett, #570 Notice of filing, filed by Jerod Breit, Jeremy Keel, Scott Trupiano, Ryan Hendrickson, Rhonda Burnett, Scott Burnett, #569 Notice of filing, filed by Jerod Breit, Jeremy Keel, Scott Trupiano, Ryan Hendrickson, Rhonda Burnett, Scott Burnett.(Zeeck, Phillip)
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Filing 618
Minute Entry. Proceedings held before District Judge Stephen R. Bough: Monthly STATUS CONFERENCE held on 1/18/2022. Time in court: 9:00 a.m. to 9:07 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. (Richard, Tracey)
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Filing 617
NOTICE to take deposition of Kate Lawton filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel.(Boulware, Brandon)
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Filing 616
NOTICE to take deposition of Diane Mosley filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 615
SUGGESTIONS in opposition (SEALED) re #581 MOTION for Order (SEALED) [Motion and Memorandum in Support Challenging Confidentiality Designations and "Under Seal Filings" by Defendant Realogy Holdings Corp.] filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp.. Reply suggestions due by 1/28/2022 unless otherwise directed by the court. (Related document(s) #581 ) (Kliebard, Kenneth)
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Filing 614
Before the Court is Defendant Realogy Holdings Corp.s Unopposed Motion for Leave to File Under Seal. (Doc. #613.) For good cause stated, the motion is GRANTED. Defendant Realogy may file under seal its Opposition to Plaintiffs Motion to Challenge and supporting documents. Signed on 1/14/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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Filing 613
MOTION for leave to file under seal (unopposed) filed by Kenneth M. Kliebard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 1/28/2022 unless otherwise directed by the court. (Kliebard, Kenneth)
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Filing 612
RETURN OF SERVICE (non cmp) Subpoena to Kansas City Regional Association of Realtors (Dirks, Eric)
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Filing 611
On January 13, 2022, the Court presided over a discovery dispute teleconference pursuant to Local Rule 37.1. For the reasons stated on the record, the Court ORDERS that its prior ruling on deposition procedures remains unchanged. Depositions shall continue to be in person. Everyone except the lawyer asking questions and the witness shall wear a mask and the two of them shall be separated by ten feet. Signed on 1/13/2022 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 610
Minute Entry. Proceedings held before District Judge Stephen R. Bough: TELEPHONE CONFERENCE held on 1/13/2022. Time in court: 11:15 a.m. to 11:33 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. (Richard, Tracey)
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Filing 609
RETURN OF SERVICE (non cmp) Subpoena to Produce Documents and Testify at a Deposition to the Greater Springfield Board of Realtors (Dirks, Eric)
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Set/Reset Hearings: Monthly Status Conference set for 1/18/2022 at 9:00 AM in Chambers before District Judge Stephen R. Bough. For purpose of Daily Docket only, no notice to be sent. (Richard, Tracey)
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Filing 608
Amended NOTICE to take deposition of Sharon A. Millett filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 607
Amended NOTICE to take deposition of Dana Strandmo filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 606
NOTICE to take deposition of John Peyton filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 605
Amended NOTICE to take deposition of Richard Smith filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 604
Amended NOTICE to take deposition of Rodney Gansho filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 603
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 1/13/2022 at 11:15 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 602
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 601
Before the Court is a Stipulated Motion for extension of Time. (Doc. #600.) For good cause stated, the motion is GRANTED. Defendant Realogy Holdings Corp. shall have up to and including January 14, 2022, to file its response to Plaintiffs' Motion and Memorandum of Law in Support Challenging Confidentiality Designations and Under Seal Filings. Signed on 1/7/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 600
MOTION for extension of time to file response/reply as to #581 MOTION for Order (SEALED) [Motion and Memorandum in Support Challenging Confidentiality Designations and "Under Seal Filings" by Defendant Realogy Holdings Corp.] stipulated by Plaintiffs and Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 1/21/2022 unless otherwise directed by the court. (Related document(s) #581 ) (Clinkinbeard, Karrie)
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Filing 599
Amended NOTICE to take deposition of Ashley Kelm filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 598
Amended NOTICE to take deposition of Darrell King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 597
NOTICE of filing by Realogy Holdings Corp. (Attachments: #1 Exhibit A - Declaration of Michael Ryan Gorman, #2 Exhibit D - Declaration of James Dohr, #3 Exhibit K - Declaration of John Peyton)(Clinkinbeard, Karrie)
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Filing 596
NOTICE to take deposition of Nick Bailey filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 595
CERTIFICATE OF SERVICE by Re/Max LLC For Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 594
CERTIFICATE OF SERVICE by Re/Max LLC OBJECTIONS AND RESPONSES TO PLAINTIFFS THIRD SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT RE/MAX, LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Set/Reset Hearings: Monthly Status Conference set for 1/18/2022 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey) For daily docket purposes only, no notice to be sent.
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Filing 593
CERTIFICATE OF SERVICE by National Association of Realtors of objections and responses to Plaintiffs Second Set of Request for Production of Documents as well as National Association of Realtors' 20th Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 592
Amended NOTICE to take deposition of Michelle Figgs filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 591
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 590
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 589
NOTICE to take deposition of Richard Smith filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 588
Amended NOTICE to take deposition of Ashley Kelm filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 587
Amended NOTICE to take deposition of Darrell King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 586
Amended NOTICE to take deposition of Michelle Figgs filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 585
NOTICE to take deposition of Gino Blefari filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 584
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 583
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 582
SUGGESTIONS in opposition (SEALED) re #552 Joint MOTION for Order (SEALED) Defendants' Motion to Exclude Class Certification Opinion Testimony of Dr. Craig T. Schulman filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger. Reply suggestions due by 1/28/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #552 ) (Dirks, Eric) Modified on 1/3/2022 to reflect the correct reply due date (Richard, Tracey).
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Filing 581
MOTION for Order (SEALED) [Motion and Memorandum in Support Challenging Confidentiality Designations and "Under Seal Filings" by Defendant Realogy Holdings Corp.] filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 1/11/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A-Declaration of Brandon J.B. Boulware)(Boulware, Brandon)
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Filing 580
Before the Court is Plaintiffs' Motion for Leave to File Under Seal. (Doc. #579.) For good cause stated, the motion is GRANTED. Plaintiffs may file under seal their forthcoming Motion Challenging Confidentiality Designations and Under Seal Filings by Defendant Realogy Holdings Corp. and all supporting documents. This is a TEXT ONLY ENTRY. No document is attached. (Matthes Mitra, Renea)
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Filing 579
MOTION for leave to file Under Seal filed by Brandon J.B. Boulware on behalf of Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano. Suggestions in opposition/response due by 1/11/2022 unless otherwise directed by the court. (Boulware, Brandon)
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Filing 578
NOTICE to take deposition of Darrell King filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 577
NOTICE to take deposition of Ashley Kelm filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 576
NOTICE to take deposition of Michelle Figgs filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 575
NOTICE to take deposition of Ryan Schneider filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 574
Before the Court is Plaintiffs Unopposed Motion for Leave to Exceed Page Limit and File Under Seal. (Doc. #573.) For good cause stated, the motion is GRANTED. Plaintiffs forthcoming Memorandum in Opposition to Defendants Motion to Exclude Class Certification Testimony of Dr. Craig T. Schulman may be up to and including thirty (30) pages in length, and that Memorandum in Opposition and supporting exhibits may be filed under seal. Signed on 12/22/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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Filing 573
MOTION for leave to file excess pages and File Under Seal (Unopposed) filed by Eric L. Dirks on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/4/2022 unless otherwise directed by the court. (Dirks, Eric)
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Filing 572
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and Testify at a Deposition to the Greater Springfield Board of Realtors by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: #1 Exhibit 1)(Dirks, Eric)
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Filing 571
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and Testify at a Deposition to Mid-America Regional Information Systems, Inc. by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: #1 Exhibit 1)(Dirks, Eric)
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Filing 570
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and Testify at a Deposition to Kansas City Regional Association of Realtors by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: #1 Exhibit 1)(Dirks, Eric)
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Filing 569
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents and Testify at a Deposition to the Columbia Board of Realtors by Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano (Attachments: #1 Exhibit 1)(Dirks, Eric)
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Filing 568
ELECTRONIC TRANSCRIPT of Teleconference held November 7, 2021, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 4. 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 12/27/2021 unless otherwise directed by the court. Release of Transcript Restriction set for 3/21/2022. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 567
NOTICE to take deposition of Lauren J. Stiroh, Ph.D. filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 566
NOTICE to take deposition of Jon Coile filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 565
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 564
CERTIFICATE OF SERVICE by Re/Max LLC OF DISCOVERY RESPONSES TO PLAINTIFF filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 563
NOTICE to take deposition of Dana Strandmo filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 562
Amended NOTICE to take deposition of Cliff Niersbach filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 561
Minute Entry. Proceedings held before District Judge Stephen R. Bough: Monthly Telephonic STATUS CONFERENCE held on 12/7/2021. Time in court: 9:00 a.m. to 9:07 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. (Richard, Tracey)
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Filing 560
CERTIFICATE OF SERVICE by All Plaintiffs filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 559
Amended NOTICE to take deposition of Rodney Gansho filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Set/Reset Hearings: Monthly Status Conference set for 12/7/2021 at 9:00 AM before District Judge Stephen R. Bough. For the purpose of Daily Docket only, no notice to be sent. (Richard, Tracey)
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Filing 558
Amended NOTICE to take deposition of Gary Keller filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 557
Amended NOTICE to take deposition of Bob Goldberg filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 556
SUGGESTIONS in opposition (SEALED) re #459 MOTION for Order (SEALED) Plaintiffs' Motion for Class Certification and Suggestions in Support filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp.. Reply suggestions due by 1/28/2022 unless otherwise directed by the court. (Attachments: #1 Appendix A, #2 Declaration of Stacey Anne Mahoney, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R)(Related document(s) #459 ) (Clinkinbeard, Karrie) (Main Document 556 replaced on 11/15/2021 at the request of counsel) (Houston, Kiambu). Modified on 11/17/2021 to correct the Suggestions in opposition/response due by per Court Order (Doc. #543 ) (Richard, Tracey).
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Filing 555
DESIGNATION Defendants' Expert Disclosure Under Fed. R. Civ. P. 26 by BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC, Realogy Holdings Corp., National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC, Realogy Holdings Corp., National Association of Realtors, HomeServices of America, Inc., Keller Williams Realty, Inc..(Fries, Brian)
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Filing 554
SUGGESTIONS in support (SEALED) re #552 Joint MOTION for Order (SEALED) Defendants' Motion to Exclude Class Certification 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 A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Declaration of Parikshat Chawla)(Related document(s) #552 ) (Fries, Brian)
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Filing 553
SUGGESTIONS in opposition (SEALED) re #459 MOTION for Order (SEALED) Plaintiffs' Motion for Class Certification and Suggestions in Support filed by Jack R. Bierig on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Re/Max LLC, Realogy Holdings Corp.. Reply suggestions due by 1/28/2022 unless otherwise directed by the court. (Attachments: #1 Declaration of Suzanne L. Wahl, #2 Exhibit 01, #3 Exhibit 02, #4 Exhibit 03, #5 Exhibit 04, #6 Exhibit 05, #7 Exhibit 06, #8 Exhibit 07, #9 Exhibit 08, #10 Exhibit 09, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55)(Related document(s) #459 ) (Bierig, Jack) Modified on 11/17/2021 to correct the Suggestions in opposition/response due by per Court Order (Doc. # 543 ). (Richard, Tracey).
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Filing 552
Joint MOTION for Order (SEALED) Defendants' Motion to Exclude Class Certification 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 12/28/2021 unless otherwise directed by the court. (Fries, Brian) Modified on 11/17/2021 to correct the Suggestions in opposition/response due by per Court Order (Doc. #543 ) (Richard, Tracey).
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Filing 551
Before the Court is Defendants Unopposed Motion for Leave to Exceed Page Limit and File Under Seal. (Doc. #550.) For good cause shown, the motion is GRANTED. It is hereby ORDERED that: (1) Defendants' Suggestions in Opposition to Plaintiffs' Motion for Class Certification may be up to 65 pages, not including exhibits, signature blocks, statement of facts, table of contents, and table of authorities, (2) Defendants' Suggestions in Support of their Motion to Exclude Class Certification Opinion Testimony of Dr. Craig T. Schulman may be up to 25 pages, not including exhibits, signature blocks, statement of facts, table of contents, and table of authorities, (3) Defendants may file under seal their Suggestions in Opposition to Plaintiffs Motion for Class Certification and supporting documents, and (4) Defendants may file under seal their Suggestions in Support of their Motion to Exclude Class Certification Opinion Testimony of Dr. Craig T. Schulman and supporting documents. Signed on 11/12/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 550
MOTION for leave to file excess pages Unopposed by Plaintiff, MOTION to seal document Unopposed by Plaintiff filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 11/24/2021 unless otherwise directed by the court. (Clinkinbeard, Karrie)
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Filing 549
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 548
NOTICE of appearance by Benjamin H. Fadler on behalf of All Plaintiffs (Attorney Benjamin H. Fadler added to party Jerod Breit(pty:pla), Attorney Benjamin H. Fadler added to party Rhonda Burnett(pty:pla), Attorney Benjamin H. Fadler added to party Scott Burnett(pty:pla), Attorney Benjamin H. Fadler added to party Ryan Hendrickson(pty:pla), Attorney Benjamin H. Fadler added to party Jeremy Keel(pty:pla), Attorney Benjamin H. Fadler added to party Joshua Sitzer(pty:pla), Attorney Benjamin H. Fadler added to party Scott Trupiano(pty:pla), Attorney Benjamin H. Fadler added to party Amy Winger(pty:pla))(Fadler, Benjamin)
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Filing 547
NOTICE of appearance by Scott A McCreight on behalf of All Plaintiffs (Attorney Scott A McCreight added to party Jerod Breit(pty:pla), Attorney Scott A McCreight added to party Rhonda Burnett(pty:pla), Attorney Scott A McCreight added to party Scott Burnett(pty:pla), Attorney Scott A McCreight added to party Ryan Hendrickson(pty:pla), Attorney Scott A McCreight added to party Jeremy Keel(pty:pla), Attorney Scott A McCreight added to party Joshua Sitzer(pty:pla), Attorney Scott A McCreight added to party Scott Trupiano(pty:pla), Attorney Scott A McCreight added to party Amy Winger(pty:pla))(McCreight, Scott)
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Filing 546
NOTICE of appearance by Michael S. Ketchmark on behalf of All Plaintiffs (Attorney Michael S. Ketchmark added to party Jerod Breit(pty:pla), Attorney Michael S. Ketchmark added to party Rhonda Burnett(pty:pla), Attorney Michael S. Ketchmark added to party Scott Burnett(pty:pla), Attorney Michael S. Ketchmark added to party Ryan Hendrickson(pty:pla), Attorney Michael S. Ketchmark added to party Jeremy Keel(pty:pla), Attorney Michael S. Ketchmark added to party Joshua Sitzer(pty:pla), Attorney Michael S. Ketchmark added to party Scott Trupiano(pty:pla), Attorney Michael S. Ketchmark added to party Amy Winger(pty:pla))(Ketchmark, Michael)
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NOTICE OF HEARING CANCELLATION - The Telephonic Monthly Status Conference scheduled for 11/5/2021 has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 545
CERTIFICATE OF SERVICE by All Plaintiffs filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 544
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Pretrial Conference is reset for 1/6/2023 at 9:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 543
FOURTH AMENDED SCHEDULING ORDER: Oral arguments on the motion for class certification will be held on 4/18/2022, at 1:30 p.m., in Kansas City, Missouri. Oral argument on dispositive motions will be held on 11/18/2022, at 9:30 a.m. in Kansas City, Missouri. Pretrial Conference set for 1/23/2023 at 9:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 2/21/2023 at 9:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 10/26/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 542
Joint MOTION to amend/correct Scheduling Order filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 11/4/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Amended Scheduling Order)(Clinkinbeard, Karrie)
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Filing 541
NOTICE to take deposition of Sharon A. Millett filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 540
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 539
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 538
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. The Telephonic Monthly Status Conference previously set for 10/25/2021 is RESET for 11/5/2021 at 8:30 a.m. before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 537
MANDATE of US COURT OF APPEALS as to #241 Notice of Appeal, filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc. with mandate issued on 10/01/2021. (Terry, Jason)
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Filing 536
Amended NOTICE to take deposition of Jim Dohr filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 535
Amended NOTICE to take deposition of Cliff Niersbach filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 534
Amended NOTICE to take deposition of Ryan Gorman filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 533
Amended NOTICE to take deposition of Alex Perriello filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 532
Amended NOTICE to take deposition of Gary Keller filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 531
Amended NOTICE to take deposition of Adam Contos filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 530
Amended NOTICE to take deposition of Kevin Doll filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 529
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 528
Amended NOTICE to take deposition of Bob Goldberg filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 527
Amended NOTICE to take deposition of Cliff Niersbach filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 526
Amended NOTICE to take deposition of Rodney Gansho filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 525
Amended NOTICE to take deposition of Kevin Milligan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 524
Amended NOTICE to take deposition of Dale Stinton filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 523
USCA Judgment and Opinion as to #241 Notice of Appeal, filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc. This is a preliminary judgment and 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) (Cole, Robert).
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Filing 522
NOTICE to take deposition of Bob Goldberg filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 521
NOTICE to take deposition of Kevin Milligan filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 520
NOTICE to take deposition of Cliff Niersbach filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 519
NOTICE to take deposition of Rodney Gansho filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 518
NOTICE to take deposition of Dale Stinton filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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NOTICE OF HEARING CANCELLATION - The Monthly Status Conference scheduled for 9/13/2021 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 517
Amended NOTICE to take deposition of Ryan Gorman filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 516
NOTICE to take deposition of Ryan Gorman filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 515
Before the Court is the parties' Joint Motion to Extend the Class Discovery Deadline. (Doc. #513.) For good cause stated, the motion is GRANTED. The deadline to complete Class Certification Discovery Related to New Class Representatives is extended up to and including September 13, 2021. Signed on 8/30/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 514
Amended NOTICE to take deposition of Scott Trupiano filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 513
Joint MOTION for extension of time of Class Discovery Deadline filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 9/13/2021 unless otherwise directed by the court. (Clinkinbeard, Karrie)
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Filing 512
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dameron, Matthew)
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Filing 511
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dameron, Matthew)
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Set/Reset Hearings: Monthly Status Conference set for 9/13/2021 at 9:00 a.m. before District Judge Stephen R. Bough. (Richard, Tracey) (For the purpose of Daily Docket, no notice to be sent.)
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Filing 510
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dameron, Matthew)
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Filing 509
ORDER granting #508 motion to appear pro hac vice entered by Clerk of Court. Attorney Jennifer Lada 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. (Warren, Melissa)
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Filing 508
Motion to allow Jennifer Lada to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7545752) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David)
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Filing 507
NOTICE to take deposition of Adam Contos filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 506
NOTICE to take deposition of Kevin Doll filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 505
NOTICE to take deposition of Samantha Hosea filed by Eric L. Dirks on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Joshua Sitzer, Scott Trupiano, Amy Winger.(Dirks, Eric)
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Filing 504
Amended NOTICE to take deposition of Michael Zouglas filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 503
Amended NOTICE to take deposition of Jim Dohr filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 502
Amended NOTICE to take deposition of Alex Perriello filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 501
Amended NOTICE to take deposition of Scott Trupiano filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 500
RETURN OF SERVICE (non cmp) The Xpress Team, Realtors re #490 Notice of filing. (Clinkinbeard, Karrie)
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Filing 499
RETURN OF SERVICE (non cmp) re #498 Notice to Take Deposition. (Clinkinbeard, Karrie)
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Filing 498
NOTICE to take deposition of Michael Zouglas filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 497
NOTICE of filing Notice of Intent to Serve Subpoena by Realogy Holdings Corp. (Attachments: #1 Exhibit A - Subpoena to Michael Zouglas)(Clinkinbeard, Karrie)
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Filing 496
NOTICE to take deposition of Jim Talbot filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 495
NOTICE to take deposition of Ruben Gonzalez filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 494
NOTICE to take deposition of Gary Keller filed by Brandon J.B. Boulware on behalf of Plaintiffs Jerod Breit, Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Jeremy Keel, Scott Trupiano.(Boulware, Brandon)
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Filing 493
Amended NOTICE to take deposition of Jeremy Keel filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 492
NOTICE to take deposition of Jeremy Keel filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 491
NOTICE to take deposition of Scott Trupiano filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 490
NOTICE of filing Notice of Intent to Serve Subpoena by Realogy Holdings Corp. (Attachments: #1 Exhibit 1 - Subpoena to Produce Documents)(Clinkinbeard, Karrie)
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Filing 489
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 488
NOTICE to take deposition of Alex Perriello filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Boulware, Brandon)
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Filing 487
NOTICE to take deposition of Jim Dohr filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Boulware, Brandon)
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NOTICE OF HEARING CANCELLATION - The Monthly Telephone Conference set for 8/3/2021 at 9:00 a.m. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 486
NOTICE to take deposition of Plaintiff Jerod Breit filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 485
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 484
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. The Monthly Telephone Conference previously set for set 10/26/2021 is RESET for 10/25/2021 at 9:00 a.m. before District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Set/Reset Hearings: Monthly Telephone Conference set for 8/3/2021 at 9:00 a.m. before District Judge Stephen R. Bough. (Richard, Tracey) For the purpose of Daily Docket, no notice to be sent.
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Filing 483
NOTICE to take deposition of Craig T. Schulman filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 482
MOTION to take deposition from Craig T. Schulman filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 7/22/2021 unless otherwise directed by the court. (Webb, Danne) Modified on 7/8/2021 to remove mis-filed document and terminate deadlines with incorrect filing event see document #483 and docket modification (Ellis, Lindsey).
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 7/8/21 as Document No. 482, MOTION to take deposition. The document has been deleted as the incorrect event was used when filing the document. Counsel has refiled the document using the correct event, see document #483 . No further action is required. This is a text entry only - no document is attached. (Ellis, Lindsey)
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Filing 481
STATUS REPORT Post-Mediation by Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 480
RETURN OF SERVICE (non cmp) (Clinkinbeard, Karrie)
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Filing 479
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 478
CERTIFICATE OF SERVICE by Re/Max LLC Production filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 477
AMENDED COMPLAINT Second Amended Class Action Complaint against All Defendants filed by Matthew Lee Dameron on behalf of All Plaintiffs.(Dameron, Matthew)
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Filing 476
CERTIFICATE OF SERVICE by All Plaintiffs Plaintiffs Served Supplemental Production of Documents filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 475
NOTICE of filing Notice of Intent to Issue Subpoena by Realogy Holdings Corp. (Attachments: #1 Exhibit Subpoena)(Clinkinbeard, Karrie)
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NOTICE OF HEARING CANCELLATION - Monthly Status Conference set for 6/28/2021 at 9:00 a.m. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 474
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Monthly Status Conference set for 6/28/2021 at 9:00 AM in Chambers before District Judge Stephen R. Bough. (Richard, Tracey)(For the purpose of Daily Docket, no notice to be sent.)
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Filing 473
NOTICE of filing of Subpoena Results Realty by Re/Max LLC (Attachments: #1 Notice of Exhibit Attachment Exhibit 1)(Webb, Danne)
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Filing 472
Before the Court is Defendant RE/MAX, LLC's Motion to Withdraw as Counsel. (Doc. #471.) For good cause stated, the motion is granted. Megan E. Ryan is hereby withdrawn as counsel for Defendant RE/MAX, LLC. Defendant RE/MAX, LLC shall continue to be represented by its other counsel of record. Signed on 6/21/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 471
MOTION to withdraw as attorney filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 7/6/2021 unless otherwise directed by the court. (Webb, Danne)
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Filing 470
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 6/22/2021 at 3:30 p.m. before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 469
THIRD AMENDED SCHEDULING ORDER: Pretrial Conference set for 9/9/2022 at 9:00 a.m. Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 10/17/2022 at 9:00 a.m. in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 6/16/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 468
NOTICE of filing Notice of Intent to Issue Subpoenas by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Buchanan, David)
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NOTICE OF HEARING CANCELLATION - The Discovery Dispute Telephone Conference set for 6/22/2021 at 3:30 p.m as the notice of hearing was entered in the wrong case. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 467
Joint MOTION to amend/correct #432 Amended Scheduling Order filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/29/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit A-Joint [Proposed] Third Amended Scheduling Order)(Related document(s) #432 ) (Boulware, Brandon)
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NOTICE OF HEARING CANCELLATION - The Discovery Dispute Telephone Conference set for 6/16/2021 at 2:00 p.m. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 466
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 6/16/2021 at 2:00 p.m. before District Judge Stephen R. Bough. (Richard, Tracey)
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NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
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Filing 465
DESIGNATION OF MEDIATOR naming Judge Garrett Brown(Clinkinbeard, Karrie)
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Filing 464
RETURN OF SERVICE (non cmp) (Dameron, Matthew)
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Filing 463
CERTIFICATE OF SERVICE by All Plaintiffs Plaintiffs' Production of Documents filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 462
CERTIFICATE OF SERVICE by All Plaintiffs Plaintiffs' Production of Documents filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 461
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Plaintiffs' Second Supplemental Initial Disclosures filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 460
DESIGNATION Plaintiffs' Expert Disclosure Under Fed. R. Civ. P. 26 by Scott Burnett, Ryan Hendrickson, Amy Winger, Joshua Sitzer, Rhonda Burnett filed by Matthew Lee Dameron on behalf of Plaintiffs Scott Burnett, Ryan Hendrickson, Amy Winger, Joshua Sitzer, Rhonda Burnett.(Dameron, Matthew)
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Filing 459
MOTION for Order (SEALED) Plaintiffs' Motion for Class Certification and Suggestions in Support filed by Matthew Lee Dameron on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/12/2021 unless otherwise directed by the court. (Attachments: #1 Exhibit Declaration of Matthew L. Dameron, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64)(Dameron, Matthew) Modified on 5/31/2021 to reflect the correct suggestions in opposition due date per the Second Amended Scheduling Order. (Richard, Tracey). Modified on 6/21/2021 to reflect the correct suggestions in opposition due date per the Third Amended Scheduling Order (Doc. #469 ). (Richard, Tracey). Modified on 11/1/2021 to reflect the correct suggestions in opposition due date per the Fourth Amended Scheduling Order (Doc. #543 ). (Richard, Tracey).
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Filing 458
Before the Court is Defendant National Association of Realtors Motion to Withdraw Appearance. (Doc. #457.) For good cause stated, the motion is GRANTED. Gregory B. Dickinson is hereby withdrawn as counsel for Defendant National Association of Realtors. Defendant National Association of Realtors shall continue to be represented by its other counsel of record. Signed on 5/21/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Houston, Kiambu)
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Filing 457
MOTION to withdraw as attorney filed by Gregory Dickinson on behalf of National Association of Realtors. Suggestions in opposition/response due by 6/4/2021 unless otherwise directed by the court. (Dickinson, Gregory)
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Filing 456
Before the Court is Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit and File Under Seal. (Doc. #455.) For good cause stated, the motion is GRANTED. Plaintiffs' brief in support of their forthcoming Motion for Class Certification may exceed the 15-page limitation set forth in Local Rule 7.0(d)(1)(A) by up to fifteen (15) additional pages. Plaintiffs may also file their forthcoming Motion for Class Certification and supporting exhibits under seal. Signed on 5/18/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 455
MOTION for leave to file excess pages and File Under Seal (Unopposed) filed by Matthew Lee Dameron on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/1/2021 unless otherwise directed by the court. (Dameron, Matthew)
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NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
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Filing 454
DESIGNATION OF MEDIATOR naming Judge Garrett Brown(Clinkinbeard, Karrie)
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NOTICE OF HEARING CANCELLATION - The Monthly Status Conference scheduled for 5/10/2021 at 2:00 p.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 453
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 452
NOTICE of filing Notice of Intent to Issue Subpoena by Rhonda Burnett, Scott Burnett, Ryan Hendrickson (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 451
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 450
NOTICE to take deposition of Plaintiff Ryan Hendrickson filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 449
ORDER granting #448 motion to appear pro hac vice entered by Clerk of Court. Attorney Scott E. Murray 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)
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Filing 448
Motion to allow Scott E. Murray to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7395340) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 447
AMENDED NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. The Monthly Telephonic Status Conference previously set for 5/18/2021 is RESET for 5/10/2021 at 2:00 p.m. before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 446
NOTICE to take deposition of Amy Winger filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 445
NOTICE to take deposition of Joshua Sitzer filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 444
NOTICE to take deposition of Andrew Bash filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp.. (Attachments: #1 Attachment - Subpoena)(Clinkinbeard, Karrie)
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Filing 443
NOTICE of filing Notice of Intent to Issue Subpoena by Realogy Holdings Corp. (Attachments: #1 Attachment - Subpoena)(Clinkinbeard, Karrie)
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Filing 442
Before the Court is RE/MAX, LLC's Motion to Withdraw as Counsel. (Doc. #441.) For good cause shown, the motion is GRANTED. Stephen J. Miller is hereby withdrawn as counsel for Defendant RE/MAX, LLC. Defendant RE/MAX shall continue to be represented by its other counsel of record. Signed on 4/12/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 441
MOTION to withdraw as attorney filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 4/26/2021 unless otherwise directed by the court. (Webb, Danne)
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NOTICE OF HEARING CANCELLATION - The Monthly Status Conference scheduled for 4/13/2021 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 440
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Monthly Status Conference set for 4/13/2021 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 439
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 438
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 437
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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NOTICE OF HEARING CANCELLATION - The Monthly Telephone Status Conference scheduled for March 2, 2021 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 436
STIPULATED ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS. Signed on 2/11/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 435
Joint MOTION for order for Entry of Remote Deposition Protocol filed by Kenneth M. Kliebard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 2/24/2021 unless otherwise directed by the court. (Kliebard, Kenneth)
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Filing 434
CERTIFICATE OF SERVICE by All Plaintiffs Plaintiffs' Supplemental Initial Disclosures, Plaintiffs' Objections and Responses to HomeServices of America's First set of Interrogatories and First Requests for Production filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 433
CERTIFICATE OF SERVICE by Re/Max LLC of Supplemental Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 432
SECOND AMENDED SCHEDULING ORDER: Signed on 2/5/2021 by District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 431
Before the Court is Plaintiffs' Motion for Extension of Certain Class Certification Deadlines in Amended Scheduling Order. (Doc. #426.) Because of the subsequent filing of the Consent Motion for Extension of Class Certification Deadlines in Amended Scheduling Order (Doc. #430), the motion is DENIED AS MOOT. Signed on 2/5/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 430
Consent MOTION to amend/correct [for Extension of Class Certification Deadlines in Amended Scheduling Order & Memorandum in Support] filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/19/2021 unless otherwise directed by the court. (Boulware, Brandon) Modified on 2/9/2021 (Richard, Tracey).
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NOTICE OF HEARING CANCELLATION - The Telephone Conference scheduled for 2/5/2021 at 11:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 429
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Monthly Telephone Status Conferences set for 3/2/2021; 4/13/2021; 5/18/2021; 6/28/2021; 8/3/2021; 9/13/2021; 10/26/2021; 12/7/2021 and 1/18/2022 at 9:00 AM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 428
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 2/5/2021 at 11:00 AM in Chambers before District Judge Stephen R. Bough. (Richard, Tracey)
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Set/Reset Hearings: Telephone Conference set for 2/5/2021 at 11:00 AM in Chambers before District Judge Stephen R. Bough. (Richard, Tracey) For the purpose of Daily Docket, no notice will be sent.
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Filing 427
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 426
MOTION to amend/correct [Motion for Extension of Certain Class Certification Deadlines in Amended Scheduling Order & Memorandum in Support] filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/16/2021 unless otherwise directed by the court. (Boulware, Brandon)
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Filing 425
RETURN OF SERVICE (non cmp) (Clinkinbeard, Karrie)
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Filing 424
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 423
CERTIFICATE OF SERVICE by All Plaintiffs filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 422
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 421
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 420
Minute Entry. Proceedings held before District Judge Stephen R. Bough: Discovery Dispute TELEPHONE CONFERENCE held on 1/13/2021. Time in court: 1:05 p.m. to 1:20 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)
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Filing 419
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 1/13/2021 at 1:00 PM before District Judge Stephen R. Bough. (Richard, Tracey)
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Filing 418
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. of First Set of Interrogatories to Plaintiffs and First Set of Requests for Production to Plaintiffs filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 417
CERTIFICATE OF SERVICE by Re/Max LLC First Supplemental Objections and Responses to Plaintiffs' First Interrogatories filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 416
CERTIFICATE OF SERVICE by Re/Max LLC First Supplemental Objections and Responses to Plaintiffs' First RFP filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 415
CERTIFICATE OF SERVICE by Re/Max LLC Production of Documents filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 414
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 413
ORDER granting #412 motion to appear pro hac vice entered by Clerk of Court. Attorney Jonathan Justl 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)
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Filing 412
Motion to allow Jonathan M. Justl to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7207003) filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. (Clinkinbeard, Karrie)
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Filing 411
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 410
CERTIFICATE OF SERVICE by National Association of Realtors for First Amended Objections and Responses of Defendant to Plaintiffs' First Set of Interrogatories filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 409
CERTIFICATE OF SERVICE by National Association of Realtors for Nineteenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 408
Before the Court is RE/MAX, LLC's Motion to Withdraw as Counsel. (Doc. #407.) For good cause shown, the motion is GRANTED. Paula W. Render is hereby withdrawn as counsel for Defendant RE/MAX, LLC. Defendant RE/MAX shall continue to be represented by its other counsel of record. Signed on 12/17/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 407
MOTION to withdraw as attorney RE/MAX, LLCS MOTION TO WITHDRAW AS COUNSEL filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 12/31/2020 unless otherwise directed by the court. (Webb, Danne)
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Filing 406
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 405
ELECTRONIC TRANSCRIPT of Teleconference held December 7, 2020, 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 12/21/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 3/15/2021. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. (Wambolt, Gayle)
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Filing 404
Minute Entry. Proceedings held before District Judge Stephen R. Bough: STATUS CONFERENCE held on 12/7/2020. Time in court: 9:00 am to 9:10 am. 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. (Diefenbach, Tracy)
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Filing 403
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 402
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 401
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Set/Reset Hearings: Telephonic Status Conference set for 12/7/2020 at 9:00 AM in Chambers before District Judge Stephen R. Bough. For the purpose of Daily Docket no notice will be sent. (Richard, Tracey)
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Filing 400
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 399
CERTIFICATE OF SERVICE by All Plaintiffs Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 398
CERTIFICATE OF SERVICE by Re/Max LLC SUBPOENA TO PRODUCE DOCUMENTS filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC. (Attachments: #1 Exhibit A)(Webb, Danne)
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Filing 397
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Re/Max LLC (Attachments: #1 Subpoena to HomeKraft, LLC)(Webb, Danne)
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Filing 396
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 395
ORDER granting #394 motion to appear pro hac vice entered by Clerk of Court. Attorney William T McEnroe 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)
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Filing 394
Motion to allow William T. McEnroe to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7150972) filed by Megan J. Ochs on behalf of Realogy Holdings Corp. (Ochs, Megan) (Main Document 394 was blank and replaced on 11/18/2020 with corrected document) (James, Carrie).
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 11/18/20 as Document No. 394, Motion to Appear Pro Hac Vice. Substitution of blank main document was made. This is a text entry only - no document is attached. (James, Carrie)
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Filing 393
CERTIFICATE OF SERVICE by National Association of Realtors for Eighteenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 392
ORDER granting #391 motion to appear pro hac vice entered by Clerk of Court. Attorney Jeffrey A LeVee for RE/MAX Holdings, Inc. and Re/Max LLC 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)
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Filing 391
Motion to allow Jeffrey A. LeVee to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7130357) filed by Danne Wayne Webb on behalf of Re/Max LLC. (Webb, Danne)
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NOTICE OF HEARING CANCELLATION - The Status Conferences scheduled for November 6, 2020 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 390
Before the Court is nonparty The Way Home Realty, Inc. d/b/a Century 21 Access's (Century 21) Motion for Extension of Time. (Doc. #389). For good cause stated the motion is granted. Accordingly, Century 21 is granted an extension of time until and including December 4, 2020, to object to, respond to, or move to modify Plaintiffs' subpoenas. No further extensions will be granted without a showing of exceptional cause. Signed on 11/4/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 389
MOTION for extension of time to file response/reply filed by Brendan J Murphy on behalf of The Way Home, Inc. d/b/a Century 21 Access. Suggestions in opposition/response due by 11/18/2020 unless otherwise directed by the court. (Murphy, Brendan)
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Filing 388
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 387
Before the Court is nonparties Re/Max 1st Choice's and Re/Max Boone County Realty's Unopposed Motion for Extension of Time. (Doc. #386). For good cause stated the motion is granted. Accordingly, Re/Max 1st Choice and Re/Max Boone County Realty are granted an extension of time until and including December 4, 2020, to object to, respond to, or move to modify Plaintiffs' subpoenas. No further extensions will be granted without a showing of exceptional cause. Signed on 11/4/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 386
MOTION for extension of time UNOPPOSED filed by Robert A. Henderson on behalf of Re/Max 1st Choice, Re/Max Boone County Realty. Suggestions in opposition/response due by 11/18/2020 unless otherwise directed by the court. (Henderson, Robert)
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Filing 385
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 384
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Set/Reset Hearings: Status Conference set for 11/6/2020 09:00 AM in Chambers before District Judge Stephen R. Bough. For the purpose of Daily Docket, no notice to be sent. (Richard, Tracey)
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Filing 383
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 382
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 381
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 380
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 379
Before the Court is Non-party The Way Home Realty, Inc. d/b/a Century 21 Accesss (Century 21) Motion for Extension of Time (Doc. #378). For good cause stated the motion is granted. Non-party Century 21 is hereby granted an extension of time until and including November 4, 2020, to object to, respond to, or move to modify Plaintiffs' subpoenas. Signed on 10/6/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 378
MOTION for extension of time to file response/reply filed by Brendan J Murphy on behalf of The Way Home, Inc. d/b/a Century 21 Access. Suggestions in opposition/response due by 10/19/2020 unless otherwise directed by the court. (Murphy, Brendan)
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Filing 377
CERTIFICATE OF SERVICE by All Plaintiffs Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 376
Before the Court is nonparties Re/Max 1st Choice's and Re/Max Boone County Realty's Unopposed Motion for Extension of Time. (Doc. #375). For good cause stated the motion is granted. Accordingly, Re/Max 1st Choice and Re/Max Boone County Realty are granted an extension of time until and including November 4, 2020, to object, respond to, or move to modify Plaintiffs' subpoenas. Signed on 10/5/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 375
MOTION for extension of time UNOPPOSED filed by Robert A. Henderson on behalf of Re/Max 1st Choice, Re/Max Boone County Realty. Suggestions in opposition/response due by 10/19/2020 unless otherwise directed by the court. (Henderson, Robert)
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Filing 374
CERTIFICATE OF SERVICE by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 373
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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The parties having advised there are no issues to address, the Status Conference scheduled for 10/6/20 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 372
CERTIFICATE OF SERVICE by National Association of Realtors of Seventeenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 371
CERTIFICATE OF SERVICE by National Association of Realtors of Sixteenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 370
NOTICE of filing Notice of Intent to Issue Subpoena - Federal Home Loan Mortgage Corporation "Freddie Mac" by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1)(Buchanan, David)
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Filing 369
NOTICE of filing Notice of Intent to Issue Subpoena - Federal National Mortgage Association "Fannie Mae" to Produce Documents by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1)(Buchanan, David)
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Filing 368
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 367
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 366
CERTIFICATE OF SERVICE by National Association of Realtors of Fifteenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 365
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 364
PROTECTIVE ORDER Signed on 9/16/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 363
Joint MOTION for protective order Regarding Expert Discovery filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/30/2020 unless otherwise directed by the court. (Boulware, Brandon)
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NOTICE OF HEARING CANCELLATION - The Status Conferences scheduled for 9/18/2020 at 10:30 AM has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 362
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 361
CERTIFICATE OF SERVICE by National Association of Realtors filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 360
Before the Court is Non-party The Way Home Realty, Inc. d/b/a Century 21 Access' (Century 21) Motion for Extension of Time (Doc. #359). For good cause stated the Motion is granted. Non-party Century 21 is hereby granted an extension of time until and including October 5, 2020, to object to, respond to, or move to modify Plaintiffs' subpoenas. Signed on 9/8/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 359
MOTION for extension of time filed by Brendan J Murphy on behalf of The Way Home, Inc. d/b/a Century 21 Access. Suggestions in opposition/response due by 9/18/2020 unless otherwise directed by the court. (Murphy, Brendan)
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Filing 358
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 357
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 356
Before the Court is nonparties Re/Max 1st Choice's and Re/Max Boone County Realty's Unopposed Motion for Extension of Time. (Doc. #355). For good cause stated the motion is granted. Accordingly, Re/Max 1st Choice and Re/Max Boone County Realty are granted an extension of time until and including October 5, 2020, to object, respond to, or move to modify Plaintiffs' subpoenas. Signed on 9/3/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Richard, Tracey)
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Filing 355
MOTION for extension of time UNOPPOSED filed by Robert A. Henderson on behalf of Re/Max 1st Choice, Re/Max Boone County Realty. Suggestions in opposition/response due by 9/17/2020 unless otherwise directed by the court. (Henderson, Robert)
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Filing 354
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 353
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Status Conference set for 9/18/2020 at 10:30 AM in Chambers before District Judge Stephen R. Bough. AMENDED AS TO DATE AND TIME Call in numbers sent via email. (Richard, Tracey)
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Filing 352
CERTIFICATE OF SERVICE by All Plaintiffs Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 351
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 350
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 349
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 348
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 347
RETURN OF SERVICE (non cmp) Return of Service - Century 21 Access (Dameron, Matthew)
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Filing 346
RETURN OF SERVICE (non cmp) Return of Service - Berkshire Hathaway Homeservices / Vision Real Estate (Dameron, Matthew)
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Filing 345
RETURN OF SERVICE (non cmp) Return of Service - ReMax Boone Realty (Dameron, Matthew)
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Filing 344
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 343
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 342
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 341
CERTIFICATE OF SERVICE by National Association of Realtors Thirteenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 340
RETURN OF SERVICE (non cmp) Return of Service - Coldwell Banker Show-Me Properties (Dameron, Matthew)
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Filing 339
RETURN OF SERVICE (non cmp) Return of Service - ReeceNichols-Springfield (Dameron, Matthew)
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Filing 338
RETURN OF SERVICE (non cmp) Return of Service - ReMax House of Brokers (Dameron, Matthew)
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Filing 337
For cause shown, Non-Party House of Brokers, Inc. d/b/a Remax House of Brokers's Withdrawal Without Prejudice of Motion to Quash (Doc. #336) is GRANTED. The Motion to Quash Subpoena (Doc. #325) is DENIED WITHOUT PREJUDICE. The telephone conference currently set for August 12, 2020, is hereby CANCELLED. Signed on 8/10/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 336
MOTION to withdraw document #325 MOTION to quash Subpoena Dueces Tecum Without Prejudice filed by Warren E. Harris on behalf of House of Brokers, Inc.. Suggestions in opposition/response due by 8/24/2020 unless otherwise directed by the court. (Related document(s) #325 ) (Harris, Warren)
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Filing 335
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 334
Before the Court is Non-party The Way Home Realty, Inc. d/b/a Century 21 Accesss (Century 21) Motion for Extension of Time (Doc. #333). For good cause stated the Motion is granted. Non-party Century 21 is hereby granted an extension of time until and including September 3, 2020, to object to, respond to, or move to modify Plaintiffs' subpoenas. Signed on 8/7/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 333
MOTION for extension of time filed by Brendan J Murphy on behalf of The Way Home, Inc. d/b/a Century 21 Access. Suggestions in opposition/response due by 8/21/2020 unless otherwise directed by the court. (Murphy, Brendan)
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Filing 332
ENTRY of appearanceas counsel filed by Brendan J Murphy on behalf of The Way Home, Inc. d/b/a Century 21 Access. (Attorney Brendan J Murphy added to party The Way Home, Inc. d/b/a Century 21 Access(pty:misc))(Murphy, Brendan) Modified on 8/10/2020 to correct docket entry (Houston, Kiambu).
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Filing 331
Before the Court is Non-Party House of Brokers, Inc. d/b/a REMAX House of Brokers' Motion to Quash Subpoena. (Doc. #325). The Court construes the motion as a discovery dispute subject to Local Rule 37. Accordingly, a discovery dispute teleconference is set for 8/12/2020 at 9:00AM. Conference call information will be emailed to counsel. The parties should email their memorandum response, not to exceed two pages in length, to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov by 12:00PM on 8/11/2020. (Diefenbach, Tracy)
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Filing 330
Before the Court is Non-parties Re/Max First Choice's and Re/Max Boone County Realtys Unopposed Motion for Extension of Time (Doc. #327). For good cause stated the Motion is granted. Re/Max First Choice and Re/Max Boone County Realty are hereby granted an extension of time until and including September 3, 2020, to object to, respond to, or move to modify Plaintiffs subpoenas. Signed on 8/6/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 329
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 328
STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Fries, Brian)
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Filing 327
MOTION for extension of time UNOPPOSED filed by Robert A. Henderson on behalf of Re/Max 1st Choice, Re/Max Boone County Realty. Suggestions in opposition/response due by 8/20/2020 unless otherwise directed by the court. (Attorney Robert A. Henderson added to party Re/Max 1st Choice(pty:mov), Attorney Robert A. Henderson added to party Re/Max Boone County Realty(pty:mov))(Henderson, Robert)
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Filing 326
SUGGESTIONS in support re #325 MOTION to quash Subpoena Dueces Tecum filed by Warren E. Harris on behalf of interested party House of Brokers, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #325 ) (Harris, Warren)
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Filing 325
MOTION to quash Subpoena Dueces Tecum filed by Warren E. Harris on behalf of House of Brokers, Inc.. Suggestions in opposition/response due by 8/20/2020 unless otherwise directed by the court. (Harris, Warren)
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Filing 324
OBJECTIONS (non motions) by House of Brokers, Inc. to Subpoena Dueces Tecum. (Harris, Warren)
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Filing 323
NOTICE of appearance by Warren E. Harris on behalf of House of Brokers, Inc. (Attorney Warren E. Harris added to party House of Brokers, Inc.(pty:intp))(Harris, Warren)
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Filing 322
RETURN OF SERVICE (non cmp) Return of Service - ReMax First Choice (Dameron, Matthew)
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Filing 321
RETURN OF SERVICE (non cmp) Return of Service - Better Homes & Gardens Real Estate Kansas City (Dameron, Matthew)
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Filing 320
RETURN OF SERVICE (non cmp) Return of Service - ReeceNichols Country Club Plaza (Dameron, Matthew)
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Filing 319
CERTIFICATE OF SERVICE by National Association of Realtors of Twelfth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 318
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 317
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 316
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 315
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 314
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 313
NOTICE of filing Notice of Withdrawal by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger re #305 Notice of filing, #304 Notice of filing (Dameron, Matthew)
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Filing 312
CERTIFICATE OF SERVICE by National Association of Realtors of Eleventh Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 311
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - ReeceNichols Country Club Plaza by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 310
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - ReeceNichols Springfield by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 309
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Berkshire Hathaway Homeservices / Vision Real Estate by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 308
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Better HOmes & Gardens Real Estate Kansas City by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 307
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Coldwell Banker Show-Me Properties by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 306
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Century 21 Access by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 305
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Keller Williams Platinum Partners by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 304
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Keller Williams Greater Springfield by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 303
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Re/Max House of Brokers by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 302
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Re/Max First Choice by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 301
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents - Re/Max Boone Realty by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 300
Before the Court is a Motion for Leave to Withdraw Appearance of Matthew B. Barr and Karoline E. Jackson. (Doc. #299). For good cause stated the Motion is granted. Attorneys Matthew B. Barr and Karoline E. Jackson are hereby withdrawn as counsel of record for Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC. Signed on 7/21/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 299
MOTION to withdraw as attorney filed by Karoline E. Jackson on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 8/4/2020 unless otherwise directed by the court. (Jackson, Karoline)
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Filing 298
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 297
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 296
CERTIFICATE OF SERVICE by National Association of Realtors of Tenth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 295
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 294
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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NOTICE OF HEARING CANCELLATION - The Status Conference scheduled for 7/10/20 at 9:00 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 293
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 292
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 291
CERTIFICATE OF SERVICE by National Association of Realtors filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 290
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 289
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 288
CERTIFICATE OF SERVICE by Re/Max LLC filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 287
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 286
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 285
CERTIFICATE OF SERVICE by National Association of Realtors of Eighth Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 284
CERTIFICATE OF SERVICE by Re/Max LLC (10th Production) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 283
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 282
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 281
CERTIFICATE OF SERVICE by National Association of Realtors of Seventh Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 280
CERTIFICATE OF SERVICE by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 279
CERTIFICATE OF SERVICE by Re/Max LLC (9th Production) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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NOTICE OF HEARING CANCELLATION - The Status Conference scheduled for 6/11/20 at 8:30 a.m. has been cancelled. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 278
CERTIFICATE OF SERVICE by Re/Max LLC (Production #8) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 277
CERTIFICATE OF SERVICE by Re/Max LLC (Production #7) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 276
CERTIFICATE OF SERVICE by Re/Max LLC (Production #6) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 275
CERTIFICATE OF SERVICE by Re/Max LLC (Production #5) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 274
CERTIFICATE OF SERVICE by Re/Max LLC (Production #4) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 273
CERTIFICATE OF SERVICE by Re/Max LLC (Production #3) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 272
CERTIFICATE OF SERVICE by Re/Max LLC (Production #2) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 271
CERTIFICATE OF SERVICE by Re/Max LLC (Production #1) filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Webb, Danne)
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Filing 270
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 269
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 268
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 267
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 266
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 265
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 264
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 263
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 262
CERTIFICATE OF SERVICE by National Association of Realtors filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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NOTICE OF HEARING CANCELLATION - The Discovery Dispute Telephone Conference scheduled for 5/20/2020 10:00 AM has been cancelled. The parties report the issue is resolved. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 261
On May 14, 2020, the Realogy Defendants and Plaintiffs participated in a discovery-dispute teleconference regarding substantive objections to Plaintiffs' First Set of Requests for Production of Documents. For the reasons stated during that teleconference, the Court issues the following orders. (1) Regarding the geographic scope of discovery, Realogy Defendants are ordered to produce on a nationwide basis any documents related to the challenged restraints, including related communications with MLSs located outside the Subject MLS, per the definitions in Plaintiffs First Set of Requests for Production of Documents.(2) Realogy Defendants' boiler-plate objections of vague, ambiguous, overly broad, and unduly burdensome are stricken for failure to comply with the requirements for Fed.R.Civ.P. 26 and 34.(3) Remaining objections, including whether Realogy Defendants are required to log any non-responsive documents, will be taken up in a discovery-dispute teleconference with the Court set for 5/20/2020 at 10:00AM. Pursuant to Local Rule 37, parties should submit their memorandum responses, not to exceed five pages in length, to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov by 12:00PM on 5/19/2020. Prior to that teleconference, Defendants are directed to perform document searches using the agreed-upon search terms. The parties are again strongly encouraged to reach an agreement on these objections prior to the hearing. Signed on 5/14/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 260
Minute Entry. Proceedings held before District Judge Stephen R. Bough: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 5/14/2020. Additional Telephone Conference set for 5/20/2020 10:00 AM before District Judge Stephen R. Bough. Time in court: 11:05 am to 11:35 am. 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. (Diefenbach, Tracy)
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Filing 259
ELECTRONIC TRANSCRIPT of Teleconference held May 6, 2020, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, gayle_wambolt@mow.uscourts.gov. Number of pages: 58. 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. Notice of Intent to File Redaction of Transcripts due by 5/20/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 8/11/2020.(Wambolt, Gayle)
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Filing 258
ORDER REGARDING STIPULATED TECHNOLOGY ASSISTED REVIEW PROTOCOL. Signed on 5/8/2020. by District Judge Stephen R. Bough. (Houston, Kiambu)
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Filing 257
Joint MOTION for order Entry of TAR Protocol filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/22/2020 unless otherwise directed by the court. (Boulware, Brandon)
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Filing 256
ORDER granting in part #244 motion to stay. Signed on 5/8/2020 by District Judge Stephen R. Bough. (Houston, Kiambu)
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Filing 255
On May 6, 2020, the Court conducted a discovery dispute teleconference. As discussed during the teleconference, the Court enters the following orders.(1) As to the issue of franchisee control, the Court defers ruling on this issue at this time. The franchisee issue will be taken up at a later date, if necessary, after more discovery has taken place and Plaintiffs have the opportunity to review documents produced by Defendants and conduct any relevant third-party discovery directed to franchisees. (2) As to the issue of disputed ESI custodians, the Court rules as follows: (i) the ESI custodians for HomeServices Defendants shall include Eugene Blefari, Wendy Durand, and Christopher Stuart; and (ii) the ESI custodians for Defendant Realogy Holdings Corp. shall include Nick Bailey, Michael Miedler, Ryan Schneider, and Richard Smith.(3) As to Defendants with substantive objections regarding Plaintiffs' requests for production, those issues will be taken up in a discovery-dispute teleconference with the Court set for 5/14/2020 at 11:00AM. Pursuant to Local Rule 37, parties should submit their memorandum responses, not to exceed five pages in length, to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov by 12:00PM on 5/13/2020. The parties are strongly encouraged to reach an agreement on these objections prior to this hearing.(4) As to issue of Plaintiffs' Interrogatory No. 5 request for CID information, Defendant National Association of Realtor's objection is sustained. Signed on 5/6/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 254
Minute Entry. TELEPHONE CONFERENCE held on 5/6/2020 before District Judge Stephen R. Bough: Time in court: 9:00 am to 10:35 am. Telephone Conference set for 5/14/2020 11:00 AM in Chambers before District Judge Stephen R. Bough. 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. (Diefenbach, Tracy) Conference call information emailed to counsel.
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Filing 253
REPLY SUGGESTIONS to motion re #244 MOTION to stay Due to Exclusive Appellate Jurisdiction filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #244 ) (Fries, Brian)
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Filing 252
SUGGESTIONS in opposition re #244 MOTION to stay Due to Exclusive Appellate Jurisdiction filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 5/14/2020 unless otherwise directed by the court. (Related document(s) #244 ) (Boulware, Brandon)
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Filing 251
Before the Court is a Joint Motion to Modify Protective Order for Real Estate Company Non-Parties. (Doc. #250). For good cause stated the Motion is granted. Accordingly, the Court modifies the Protective Order as follows: (1) the certification requirement, as stated in Paragraph 5(b) of the Protective Order, is waived for the following non-parties: the Missouri Association of Realtors, Southern Missouri Regional MLS LLC, Kansas City Regional Association of Realtors, Mid America Regional Information Systems, and Columbia Board of Realtors (collectively, Real Estate Company Non-Parties); and (2) the Real Estate Company Non-Parties may designate their production as Highly ConfidentialOutside Counsel Eyes Only. Signed on 4/30/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 250
Joint MOTION to amend/correct #92 Protective Order Joint Motion to Modify Protective Order for Real Estate Company Non-Parties filed by Matthew Lee Dameron on behalf of All Plaintiffs. Suggestions in opposition/response due by 5/14/2020 unless otherwise directed by the court. (Related document(s) #92 ) (Dameron, Matthew)
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Filing 249
ELECTRONIC TRANSCRIPT of Teleconference held July 1, 2019, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 17. 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. Notice of Intent to File Redaction of Transcripts due by 5/6/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 7/28/2020.(Wambolt, Gayle)
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Filing 248
TRANSCRIPT REQUEST by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. for proceedings held on July 1, 2019 before Judge Stephen R. Bough.. (Attachments: #1 Exhibit A)(Fries, Brian)
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Filing 247
STATUS REPORT Post-Mediation Status Report by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. (Dameron, Matthew)
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Filing 246
ELECTRONIC TRANSCRIPT of Teleconference held April 6, 2020, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 28. 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. Notice of Intent to File Redaction of Transcripts due by 4/30/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 7/22/2020.(Wambolt, Gayle)
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Filing 245
SUGGESTIONS in support re #244 MOTION to stay Due to Exclusive Appellate Jurisdiction filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #244 ) (Fries, Brian)
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Filing 244
MOTION to stay Due to Exclusive Appellate Jurisdiction filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 4/30/2020 unless otherwise directed by the court. (Fries, Brian)
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Filing 243
USCA Case Number from 8th Circuit Court of Appeals is 20-1779 for #241 Notice of Appeal, filed by HSF Affiliates, LLC, BHH Affiliates, LLC, HomeServices of America, Inc.. Briefing schedule entered by the Court of Appeals is attached. Transcript due by 5/26/2020. (Attachments: #1 Schedule)(Terry, Jason)
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Filing 242
TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #241 Notice of Appeal,. (Terry, Jason)
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Filing 241
Joint NOTICE OF APPEAL as to #239 Order on Motion to Compel,, Order on Motion to Strike,, Order on Motion to Stay, by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Filing fee $ 505, receipt number AMOWDC-6819064. (Fries, Brian)
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Filing 240
ELECTRONIC TRANSCRIPT of Teleconference held March 26, 2020, before Judge Stephen R. Bough. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 27. 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. Notice of Intent to File Redaction of Transcripts due by 4/20/2020 unless otherwise directed by the court. Release of Transcript Restriction set for 7/13/2020.(Wambolt, Gayle)
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Filing 239
ORDERED that HomeServices Defendants' Motion (1) To Compel Arbitration, (2) To Strike Class Allegations as to Certain Unnamed Plaintiffs, and (3) To Stay Proceedings with Respect to the HomeServices Defendants' Pending Arbitration (Doc. #217) is DENIED. Signed on 4/10/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 238
NOTICE of filing Plaintiffs' Notice of Supplemental Authority by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger re #230 Suggestions in Opposition to Motion, #217 MOTION to compel Arbitration MOTION to strike Class Allegations MOTION to stay Discovery (Attachments: #1 Exhibit A)(Dameron, Matthew)
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Filing 237
ORDER denying #231 motion to stay. Signed on 4/7/20 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 236
REPLY SUGGESTIONS to motion re #231 MOTION to stay MOTION TO STAY PROCEEDINGS AND SUGGESTIONS IN SUPPORT filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #231 ) (Webb, Danne)
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Filing 235
On April 6, 2020, the parties held a discovery dispute teleconference. For the reasons discussed during that teleconference, the Court hereby Orders the following: (1) The relevant discovery lookback period for all Defendants is 2011. Additionally, all Defendants shall produce any documents relating to rule adoption and any modifications to the rule dating back to 1996. (2) The dispute regarding the production of Defendant NARs Civil Investigative Demands is deferred to the parties status conference on May 6, 2020. In advance of that May 6, 2020 teleconference, NAR shall produce a privilege log to Plaintiffs on or before April 17, 2020. (3) The dispute regarding ESI search terms/technology assisted review/custodians (ESI discovery) is deferred to the parties' status conference on May 6, 2020. In advance of that May 6, 2020 teleconference, Plaintiffs shall send each Defendant their proposed ESI discovery on or before April 10, 2020. Defendants have until and including April 20, 2020, to respond to Plaintiffs' proposed ESI discovery. Plaintiffs have until and including April 27, 2020, to reply to Defendants' responses regarding proposed ESI discovery. Signed on 4/6/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 234
Minute Entry. Proceedings held before District Judge Stephen R. Bough: MONTHLY STATUS CONFERENCE held on 4/6/2020 by telephone. Time in court: 9:10 am to 10:00 am. 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. (Diefenbach, Tracy)
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Filing 233
SUGGESTIONS in opposition re #231 MOTION to stay MOTION TO STAY PROCEEDINGS AND SUGGESTIONS IN SUPPORT filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 4/17/2020 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Related document(s) #231 ) (Dameron, Matthew)
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Filing 232
REPLY SUGGESTIONS to motion re #217 MOTION to compel Arbitration MOTION to strike Class Allegations MOTION to stay Discovery filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Related document(s) #217 ) (Fries, Brian)
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Filing 231
MOTION to stay MOTION TO STAY PROCEEDINGS AND SUGGESTIONS IN SUPPORT filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 4/15/2020 unless otherwise directed by the court. (Webb, Danne)
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NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
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Filing 230
SUGGESTIONS in opposition re #217 MOTION to compel Arbitration MOTION to strike Class Allegations MOTION to stay Discovery filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 4/13/2020 unless otherwise directed by the court. (Related document(s) #217 ) (Dameron, Matthew)
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Filing 229
DESIGNATION OF MEDIATOR naming Judge Garrett Brown (Ret.)(Buchanan, David)
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Filing 228
DESIGNATION OF MEDIATOR naming Judge Garrett Brown (Ret.)(Boulware, Brandon)
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Filing 227
On March 26, 2020, the parties participated in a Status Conference teleconference. During that teleconference, Defendant RE/MAX, LLC orally requested a two-month stay of all proceedings. As discussed during that teleconference, Defendant RE/MAX LLC is directed to file its motion to stay proceedings with the Court. Once Defendant RE/MAX, LLC's forthcoming motion to stay is filed, Plaintiffs are directed to file their response in opposition within seven days. Once Plaintiffs' response is filed, Defendant RE/MAX, LLC is directed to file its reply within three days. Signed on 3/26/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 226
On March 26, 2020, the parties participated in a Status Conference teleconference. During that teleconference, Plaintiffs orally requested an extension of time to file its response to Defendant HomeServices' Motion to Compel Arbitration, to Strike Class Allegations as to Certain Unnamed Plaintiffs, and to Stay Proceedings With Respect to the HomeServices Defendants' Pending Arbitration. Defendant HomeServices did not oppose the request. For good cause stated the motion is granted. Plaintiffs are granted an extension of time until and including March 30, 2020, to file their response to Defendant HomeService' Motion to Compel Arbitration, Strike Class Allegations, and Stay Proceedings. Signed on 3/26/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 225
ORDER: On March 26, 2020, the parties participated in a Status Conference teleconference. As discussed during that teleconference, the discovery disputes relating to the lookback period for discovery, the availability of post-complaint discovery, franchisee-subsidiary discovery, and civil investigative demands will be taken up at the Status Conference teleconference scheduled for April 6th, 2020, at 9:10am. Conference call information will be emailed to counsel. Pursuant to Local Rule 37.1, each party should email its discovery-dispute memorandum, not to exceed ten pages in length, to Tracy Diefenbach at Tracy_Diefenbach@mow.uscourts.gov by 12:00pm on 4/3/2020. Signed on 3/26/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 224
Minute Entry. Proceedings held before District Judge Stephen R. Bough: STATUS CONFERENCE held on 3/26/2020. Time in court: 9:00 am to 9:40 am. 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. (Diefenbach, Tracy)
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Filing 223
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 4/6/2020 09:10 AM in Chambers before District Judge Stephen R. Bough. PLEASE NOTE THE CHANGE IN TIME. (Diefenbach, Tracy) Conference call information emailed to counsel.
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AMENDED NOTICE OF HEARING: Status Conference set for 3/26/2020 09:00 AM will be held by TELEPHONE before District Judge Stephen R. Bough. (Diefenbach, Tracy) Conference call information emailed to counsel.
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Filing 222
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 221
Before the Court is a Joint Motion for Briefing Schedule Related to HomeServices Defendants' Motion to Compel Arbitration (Doc. #217). For good cause stated the Motion is granted. Plaintiffs shall file their response to the Motion to Compel Arbitration on or before March 27, 2020. HomeServices Defendants shall file their reply on or before April 20, 2020. Signed on 3/6/20 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 220
Joint MOTION for extension of time to file response/reply as to #217 MOTION to compel Arbitration MOTION to strike Class Allegations MOTION to stay Discovery Joint Motion for Briefing Schedule Related to Homeservices Defendants' Motion to Compel Arbitration [Doc. 217] filed by Matthew Lee Dameron on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/20/2020 unless otherwise directed by the court. (Related document(s) #217 ) (Dameron, Matthew)
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Filing 219
ORDER granting #216 motion to appear pro hac vice entered by Clerk of Court. Attorney Megan E. Ryan for Re/Max LLC 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. (Geiser, Angel)
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Filing 218
SUGGESTIONS in support re #217 MOTION to compel Arbitration MOTION to strike Class Allegations MOTION to stay Discovery filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Attachments: #1 Exhibit A - Declaration of Dana Strandmo (HSoA Declaration), #2 Exhibit B - Declaration of Holly Smith (RN Declaration), #3 Exhibit C - Declaration of Holly Smith (BHH KC Declaration))(Related document(s) #217 ) (Fries, Brian)
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Filing 217
MOTION to compel Arbitration, MOTION to strike Class Allegations, MOTION to stay Discovery filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Suggestions in opposition/response due by 3/13/2020 unless otherwise directed by the court. (Fries, Brian)
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Filing 216
Motion to allow Megan E. Ryan to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6751067) filed by Danne Wayne Webb on behalf of Re/Max LLC. (Webb, Danne)
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Filing 215
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Status Conferences set for 3/26/2020 09:00 AM, 4/6/2020 09:00 AM, 5/6/2020 09:00 AM, 6/11/2020 09:00 AM, 7/10/2020 09:00 AM, 8/3/2020 09:00 AM, 9/11/2020 09:00 AM, 10/6/2020 09:00 AM, 11/6/2020 09:00 AM and 12/7/2020 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 214
RETURN OF SERVICE (non cmp) Return of Service - Federal Home Loan Mortgage Corp. (Dameron, Matthew)
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Filing 213
RETURN OF SERVICE (non cmp) Return of Service - Federal National Mortgage Association (Dameron, Matthew)
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Filing 212
CERTIFICATE OF SERVICE by All Plaintiffs Certificate of Service of Plaintiffs' Answers to Defendant Re/Max LLC's First Set of Interrogatories filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 211
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 210
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 209
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 208
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 207
ORDER granting #205 motion to appear pro hac vice entered by Clerk of Court. Attorney Jeremy J. Gray for Re/Max LLC 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. (Geiser, Angel)
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Filing 206
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 205
Motion to allow Jeremy J. Gray to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6706619) filed by Danne Wayne Webb on behalf of Re/Max LLC. (Webb, Danne)
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Filing 204
ORDER: Before the Court is RE/MAX, LLCs Motion to Withdraw as Counsel. (Doc. #202 ). For good cause stated the motion is granted. Erin L. Shencopp is removed as counsel of record for Defendant RE/MAX, LLC. Signed on 1/31/2020 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Woods, Gloria)
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Filing 203
ORDER: Before the Court is a Joint Motion to Amend Scheduling Order and to Set Status Conferences. (Doc. #201 ). The Motion is granted. The Court will contact the parties to arrange monthly status conferences. Signed on 1/31/2020 by District Judge Stephen R. Bough. (Woods, Gloria)
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Filing 202
MOTION to withdraw as attorney filed by Danne Wayne Webb on behalf of Re/Max LLC. Suggestions in opposition/response due by 2/14/2020 unless otherwise directed by the court. (Webb, Danne)
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Set/Reset Hearings: Jury Trial set for 7/11/2022 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Pretrial Conference set for 6/10/2022 09:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Woods, Gloria)
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Filing 201
Joint MOTION to amend/correct Scheduling Order and to set Status Conferences filed by Matthew Lee Dameron on behalf of All Plaintiffs. Suggestions in opposition/response due by 2/13/2020 unless otherwise directed by the court. (Attorney Matthew Lee Dameron added to party Rhonda Burnett(pty:pla), Attorney Matthew Lee Dameron added to party Scott Burnett(pty:pla))(Dameron, Matthew)
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Filing 200
RETURN OF SERVICE (non cmp) on FBS Flex re #194 Notice of filing. (Buchanan, David)
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Filing 199
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 198
RETURN OF SERVICE (non cmp) FBS Flex (Dameron, Matthew)
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Filing 197
CERTIFICATE OF SERVICE by Re/Max LLC of Defendant RE/MAX, LLC's First Set of Interrogatories to Plaintiffs filed by Stephen James Miller on behalf of Defendant Re/Max LLC.(Miller, Stephen)
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Filing 196
CERTIFICATE OF SERVICE by Realogy Holdings Corp. of First Production of Documents filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 195
CERTIFICATE OF SERVICE by National Association of Realtors filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 194
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Keller Williams Realty, Inc. (Attachments: #1 Exhibit A)(Buchanan, David)
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Filing 193
NOTICE of filing Amended Notice of Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 192
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 191
CERTIFICATE OF SERVICE by National Association of Realtors filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 190
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 189
CERTIFICATE OF SERVICE by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. HomeServices Defendants' Answer to Plaintiffs' First Set of Interrogatories to Corporate Defendants filed by Brian C Fries on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 188
CERTIFICATE OF SERVICE by Re/Max LLC of Responses and Objections to Plaintiffs' First Set of Interrogatories to Corporate Defendants filed by Stephen James Miller on behalf of Defendant Re/Max LLC.(Miller, Stephen)
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Filing 187
CERTIFICATE OF SERVICE by National Association of Realtors Objections and Responses of National Association of Realtors to Plaintiffs First Set of Interrogatories filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 186
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 185
OBJECTIONS (non motions) by Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Missouri Association of Realtors, Southern Missouri Regional MLS LLC re #152 Notice of filing, #148 Notice of filing, #147 Notice of filing, #149 Notice of filing, #153 Notice of filing Non-Party Subpoenaed Entities Objections to Requests for Production Served Under Defendants Subpoenas. Related document: #152 Notice of filing filed by Re/Max LLC, #148 Notice of filing filed by Keller Williams Realty, Inc., #147 Notice of filing filed by Keller Williams Realty, Inc., #149 Notice of filing filed by Keller Williams Realty, Inc., #153 Notice of filing filed by Re/Max LLC.(Henderson, Robert)
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Filing 184
OBJECTIONS (non motions) by Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Missouri Association of Realtors, Southern Missouri Regional MLS LLC re #129 Notice of filing, #130 Notice of filing, #126 Notice of filing, #127 Notice of filing, #128 Notice of filing Non-Party Subpoenaed Entities Objections to Requests for Production Served Under Plaintiffs Subpoenas. Related document: #129 Notice of filing filed by Ryan Hendrickson, Joshua Sitzer, Rhonda Burnett, Amy Winger, Scott Burnett, #130 Notice of filing filed by Ryan Hendrickson, Joshua Sitzer, Rhonda Burnett, Amy Winger, Scott Burnett, #126 Notice of filing filed by Ryan Hendrickson, Joshua Sitzer, Rhonda Burnett, Amy Winger, Scott Burnett, #127 Notice of filing filed by Ryan Hendrickson, Joshua Sitzer, Rhonda Burnett, Amy Winger, Scott Burnett, #128 Notice of filing filed by Ryan Hendrickson, Joshua Sitzer, Rhonda Burnett, Amy Winger, Scott Burnett.(Henderson, Robert)
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Filing 183
CERTIFICATE OF SERVICE by National Association of Realtors of Supplement to First Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 182
CERTIFICATE OF SERVICE by Corelogic, Inc. filed by James Dale Lawrence on behalf of Miscellaneous Corelogic, Inc..(Lawrence, James)
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Filing 181
CERTIFICATE OF SERVICE by Re/Max LLC of subpoena to produce documents to CoreLogic, Inc. filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC. (Attachments: #1 Affidavit of Service)(Hasdoo, Odeshoo)
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Filing 180
CERTIFICATE OF SERVICE by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger Certificate of Service filed by Matthew Lee Dameron on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Dameron, Matthew)
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Filing 179
Before the Court is Non-Party CoreLogic, Inc.'s Unopposed Motion for Extension of Time. (Doc. #177). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the Motion is granted. Non-party CoreLogic, Inc. is granted an extension of time until and including November 22, 2019, to file its response, objections, or motion to modify Defendant RE/MAX, LLC's subpoena for documents. Signed on 11/18/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 178
Before the Court is Non-Party CoreLogic, Inc.'s Unopposed Motion for Extension of Time. (Doc. #176). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the Motion is granted. Non-party CoreLogic, Inc. is granted an extension of time until and including November 22, 2019, to file its response, objections, or motion to modify Plaintiffs' subpoena for documents. Signed on 11/18/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 177
MOTION for extension of time (Unopposed) regarding Defendant RE/MAX's Subpoena filed by James Dale Lawrence on behalf of Corelogic, Inc.. Suggestions in opposition/response due by 11/29/2019 unless otherwise directed by the court. (Lawrence, James)
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Filing 176
MOTION for extension of time (Unopposed) filed by James Dale Lawrence on behalf of Corelogic, Inc.. Suggestions in opposition/response due by 11/29/2019 unless otherwise directed by the court. (Lawrence, James)
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Filing 175
Before the Court is Non-Parties Missouri Association of Realtors, Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, and Southern Missouri Regional MLS LLC's Second Unopposed Motion for Extension of Time. (Doc. #174). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the motion is granted. Non-parties Missouri Association of Realtors, Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, and Southern Missouri Regional MLS LLC are granted an extension of time until and including December 13, 2019, to file their responses, objections, or motions to modify Plaintiffs' subpoena for documents. Signed on 11/15/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 174
Second MOTION for extension of time filed by Robert A. Henderson on behalf of Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Missouri Association of Realtors, Southern Missouri Regional MLS LLC. Suggestions in opposition/response due by 11/29/2019 unless otherwise directed by the court. (Henderson, Robert)
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Filing 173
CERTIFICATE OF SERVICE by National Association of Realtors of Second Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 172
ANSWER to #38 Amended Complaint, on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc..(Fries, Brian)
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Filing 171
ANSWER to #38 Amended Complaint, on behalf of Realogy Holdings Corp..(Ochs, Megan)
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Filing 170
ANSWER to #38 Amended Complaint, on behalf of National Association of Realtors.(Hatfield, Charles)
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Filing 169
ANSWER to #38 Amended Complaint, on behalf of Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 168
ANSWER to #38 Amended Complaint, on behalf of Keller Williams Realty, Inc..(Buchanan, David)
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Filing 167
Before the Court is Non-Parties Missouri Association of Realtors, Kansas City Regional Association of Realtors, and MARIS MLS's Unopposed Motion for Extension of Time. (Doc. #164). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the motion is granted. Non-parties Missouri Association of Realtors, Kansas City Regional Association of Realtors, and MARIS MLS are granted an extension of time until and including December 13, 2019, to file their responses, objections, or motions to modify Defendant Keller Williams Realty, Inc.'s subpoena for documents. Signed on 11/12/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 166
Before the Court is Non-Parties Columbia Board of Realtors and Southern Missouri Regional MLS, LLC's Unopposed Motion for Extension of Time. (Doc. #165). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the motion is granted. Non-parties Columbia Board of Realtors and Southern Missouri Regional MLS, LLC are granted an extension of time until and including December 13, 2019, to file their responses, objections, or motions to modify Defendant Re/Max LLC,'s subpoena for documents. Signed on 11/12/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 165
MOTION for extension of time Unopposed Motion for Extension of Time filed by Robert A. Henderson on behalf of Columbia Board of Realtors, Southern Missouri Regional MLS LLC. Suggestions in opposition/response due by 11/25/2019 unless otherwise directed by the court. (Henderson, Robert)
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Filing 164
MOTION for extension of time Unopposed Motion for Extension of Time filed by Robert A. Henderson on behalf of Kansas City Regional Association of Realtors, MARIS MLS, Missouri Association of Realtors. Suggestions in opposition/response due by 11/25/2019 unless otherwise directed by the court. (Henderson, Robert)
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Filing 163
CERTIFICATE OF SERVICE by All Plaintiffs [First Set of Interrogatories to the National Association of Realtors and First Set of Interrogatories to the Corporate Defendants] filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Boulware, Brandon)
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Filing 162
ORDER granting #158 motion to appear pro hac vice entered by Clerk of Court. Attorney Stephen J. Miller for RE/MAX Holdings, Inc. and Re/Max LLC 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. (Geiser, Angel)
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Filing 161
Before the Court is Non-Party CoreLogic, Inc.'s Unopposed Motion for Extension of Time. (Doc. #160). Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), for good cause stated the Motion is granted. Non-party CoreLogic, Inc. is granted an extension of time until and including November 15, 2019, to file its response, objections, or motion to modify Plaintiffs' subpoena for documents. Signed on 11/1/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 160
MOTION for extension of time (Unopposed) filed by James Dale Lawrence on behalf of Corelogic, Inc.. Suggestions in opposition/response due by 11/15/2019 unless otherwise directed by the court. (Attorney James Dale Lawrence added to party Corelogic, Inc.(pty:misc))(Lawrence, James)
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Filing 159
NOTICE of appearance by Phillip James Richard Zeeck on behalf of Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, Missouri Association of Realtors, Southern Missouri Regional MLS LLC (Attorney Phillip James Richard Zeeck added to party Columbia Board of Realtors(pty:mov), Attorney Phillip James Richard Zeeck added to party Kansas City Regional Association of Realtors(pty:mov), Attorney Phillip James Richard Zeeck added to party MARIS MLS(pty:mov), Attorney Phillip James Richard Zeeck added to party Missouri Association of Realtors(pty:mov), Attorney Phillip James Richard Zeeck added to party Southern Missouri Regional MLS LLC(pty:mov))(Zeeck, Phillip)
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Filing 158
Motion to allow Stephen J. Miller to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6564306) filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc., Re/Max LLC. (Webb, Danne)
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Filing 157
CERTIFICATE OF SERVICE by Re/Max LLC of subpoena to produce documents to T3 Sixty filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 156
CERTIFICATE OF SERVICE by Re/Max LLC of subpoena to produce documents to Southern Missouri Regional MLS filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 155
CERTIFICATE OF SERVICE by Re/Max LLC of subpoena to produce documents to Columbia Board of Realtors filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 154
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Re/Max LLC (Attachments: #1 Exhibit 1)(Hasdoo, Odeshoo)
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Filing 153
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Re/Max LLC (Attachments: #1 Exhibit 1)(Hasdoo, Odeshoo)
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Filing 152
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Re/Max LLC (Attachments: #1 Exhibit 1)(Hasdoo, Odeshoo)
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Filing 151
Before the Court is Missouri Association of Realtors, Columbia Board of Realtors, Kansas City Regional Association of Realtors, MARIS MLS, and Southern Missouri Regional MLS, LLCs (collectively, Subpoenaed Entities) Unopposed Motion for Extension of Time. (Doc. #150). For good cause stated the Motion is granted. Subpoenaed Entities' are granted an extension of time until and including November 15, 2019, to file any responses, objections, or modifications to Plaintiffs' subpoenas to produce documents. Signed on 10/30/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 150
Consent MOTION for extension of time NONPARTIES' UNOPPOSED MOTION FOR EXTENSION OF TIME TO OBJECT OR RESPOND TO THIRD-PARTY SUBPOENAS filed by Robert A. Henderson on behalf of Missouri Association of Realtors, MARIS MLS, Columbia Board of Realtors, Kansas City Regional Association of Realtors, Southern Missouri Regional MLS LLC. Suggestions in opposition/response due by 11/12/2019 unless otherwise directed by the court. (Attorney Robert A. Henderson added to party Missouri Association of Realtors(pty:mov), Attorney Robert A. Henderson added to party MARIS MLS(pty:mov), Attorney Robert A. Henderson added to party Columbia Board of Realtors(pty:mov), Attorney Robert A. Henderson added to party Kansas City Regional Association of Realtors(pty:mov), Attorney Robert A. Henderson added to party Southern Missouri Regional MLS LLC(pty:mov))(Henderson, Robert)
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Filing 149
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1)(Buchanan, David)
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Filing 148
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1)(Buchanan, David)
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Filing 147
NOTICE of filing Notice of Intent to Issue Subpoena to Produce Documents by Keller Williams Realty, Inc. (Attachments: #1 Exhibit 1)(Buchanan, David)
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Filing 146
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Re/Max LLC (Attachments: #1 Exhibit 1)(Hasdoo, Odeshoo)
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Filing 145
NOTICE of filing Supplemental Notice of Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 144
SCHEDULING ORDER: Pretrial Conference set for 12/10/2021 09:00 AM Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Jury Trial set for 1/10/2022 09:00 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. Signed on 10/23/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 143
RULES OF TRIAL Signed on 10/23/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 142
RETURN OF SERVICE (non cmp) Southern Missouri Regional MLS, LLC (Dameron, Matthew)
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Filing 141
RETURN OF SERVICE (non cmp) Columbia Board of Realtors (Dameron, Matthew)
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Filing 140
RETURN OF SERVICE (non cmp) Missouri Association of Realtors (Dameron, Matthew)
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Filing 139
RETURN OF SERVICE (non cmp) T3Sixty (Dameron, Matthew)
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Filing 138
RETURN OF SERVICE (non cmp) CoreLogic, Inc. (Dameron, Matthew)
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Filing 137
Minute Entry. Proceedings held before District Judge Stephen R. Bough: SCHEDULING CONFERENCE held on 10/21/2019. Scheduling order to be entered. Time in court: 10:20 am to 10:50 am. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 136
NOTICE of appearance by Andrea S. McMurtry on behalf of Re/Max LLC (Attorney Andrea S. McMurtry added to party Re/Max LLC(pty:dft))(McMurtry, Andrea)
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Filing 135
CERTIFICATE OF SERVICE by Re/Max LLC of Defendants' First Set of Requests for Production of Documents to Plaintiffs filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 134
RETURN OF SERVICE (non cmp) Kansas City Regional Association of Realtors (Dameron, Matthew)
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Filing 133
CERTIFICATE OF SERVICE by National Association of Realtors of First Production of Documents filed by Suzanne L. Wahl on behalf of Defendant National Association of Realtors.(Wahl, Suzanne)
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Filing 132
RETURN OF SERVICE (non cmp) Return of Service - MARIS (Dameron, Matthew)
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Filing 131
ORDERED that Defendant National Association of Realtor's Motion toDismiss (Doc. #76) is denied. It is further ORDERED that Corporate Defendants' Motion to Dismiss (Doc. #78) is denied. Signed on 10/16/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 130
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 129
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 128
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 127
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 126
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 125
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 124
NOTICE of filing Intent to Issue Subpoena to Produce Documents by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Attachments: #1 Exhibit 1)(Dameron, Matthew)
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Filing 123
CERTIFICATE OF SERVICE by Realogy Holdings Corp. filed by Kenneth M. Kliebard on behalf of Defendant Realogy Holdings Corp..(Kliebard, Kenneth)
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Filing 122
CERTIFICATE OF SERVICE by National Association of Realtors filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 121
CERTIFICATE OF SERVICE by Re/Max LLC filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 120
CERTIFICATE OF SERVICE by Keller Williams Realty, Inc. filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 119
REPLY SUGGESTIONS to motion re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Gregory Dickinson on behalf of Defendant National Association of Realtors. (Attachments: #1 Exhibit)(Related document(s) #76 ) (Dickinson, Gregory)
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Filing 118
REPLY SUGGESTIONS to motion re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc.. (Related document(s) #78 ) (Buchanan, David)
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Filing 117
ORDER granting #116 motion to appear pro hac vice entered by Clerk of Court. Attorney Suzanne L. Wahl 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. (Geiser, Angel)
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Filing 116
Motion to allow Suzanne L. Wahl to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6519070) filed by Charles W. Hatfield on behalf of National Association of Realtors. (Hatfield, Charles)
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Filing 115
Before the Court is Plaintiffs' Voluntary Dismissal, Without Prejudice, Only as to Defendant The Long & Foster Companies, Inc. (Doc. #114). The Motion is granted. Defendant The Long & Foster Companies, Inc. is hereby dismissed from this case without prejudice. Signed on 10/1/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 114
NOTICE of filing Plaintiffs' Notice of Dismissal, Without Prejudice, Only As To Defendant The Long & Foster Companies, Inc. by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger (Suhr, Jeremy)
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Filing 113
NOTICE of filing Statement of Interest by United States (Attachments: #1 Amended Complaint, #2 Realtor Magazine)(Mintz, Steven)
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Filing 112
NOTICE of appearance by Steven J. Mintz on behalf of United States (Attorney Steven J. Mintz added to party United States(pty:dft))(Mintz, Steven)
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Filing 111
Before the Court is a Consent Motion to Exceed Page Limit. (Doc. #110). For good cause stated the Motion is granted. The Corporate Defendants and NAR are granted leave to file their reply suggestions in support of their respective motions to dismiss in a length up to and including fifteen pages. Signed on 9/30/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 110
Consent MOTION for leave to file excess pages filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. Suggestions in opposition/response due by 10/15/2019 unless otherwise directed by the court. (Buchanan, David)
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Filing 109
NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Scheduling Conference set for 10/21/2019 10:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 108
NOTICE of appearance by Danne Wayne Webb on behalf of Re/Max LLC (Webb, Danne)
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Filing 107
NOTICE of appearance by Danne Wayne Webb on behalf of Re/Max LLC (Webb, Danne)
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Filing 106
ORDER: Before the Court is a Motion of the National Association of Realtors for Reconsideration of Decision not to Certify Denial of Motion to Transfer this Case (Doc. #86). For the reasons stated in this Order, the motion is DENIED. Signed on 9/24/19 by District Judge Stephen R. Bough. (Ellis, Lindsey)
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Filing 105
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brian C Fries on behalf of Defendant The Long & Foster Companies, Inc..(Fries, Brian)
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Filing 104
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brian C Fries on behalf of Defendant HSF Affiliates, LLC.(Fries, Brian)
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Filing 103
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brian C Fries on behalf of Defendant BHH Affiliates, LLC.(Fries, Brian)
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Filing 102
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Brian C Fries on behalf of Defendant HomeServices of America, Inc..(Fries, Brian)
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Filing 101
REPLY SUGGESTIONS to motion re #86 MOTION for reconsideration filed by Gregory Dickinson on behalf of Defendant National Association of Realtors. (Related document(s) #86 ) (Dickinson, Gregory)
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Filing 100
Amended CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES To Amend document Number 96 filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 99
Joint PROPOSED SCHEDULING ORDER by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. (Dameron, Matthew)
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Filing 98
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Megan J. Ochs on behalf of Defendant Realogy Holdings Corp..(Ochs, Megan)
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Filing 97
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Odeshoo Hasdoo on behalf of Defendant Re/Max LLC.(Hasdoo, Odeshoo)
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Filing 96
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 95
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 94
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES Certificate of Service filed by Courtney Marie Stout on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Stout, Courtney)
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Filing 93
ORDER REGARDING PRODUCTION OF ELECTRONICALLY STORED INFORMATION AND PAPER DOCUMENTS. Signed on 9/12/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 92
PROTECTIVE ORDER Signed on 9/12/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 91
Joint MOTION for protective order and ESI Order filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/26/2019 unless otherwise directed by the court. (Boulware, Brandon)
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Filing 90
SUGGESTIONS in opposition re #86 MOTION for reconsideration filed by Courtney Marie Stout on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 9/23/2019 unless otherwise directed by the court. (Related document(s) #86 ) (Stout, Courtney)
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Filing 89
CERTIFICATE OF SERVICE by All Plaintiffs [First Set of Requests for Production of Documents to NAR and First Set of Requests for Production of Documents to Corporate Defendants] filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger.(Boulware, Brandon)
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Reset Deadlines as to #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction . Reply suggestions due by 10/4/2019 as previously ordered by the Court. (Diefenbach, Tracy)
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Filing 88
SUGGESTIONS in opposition re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction , #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Combined Suggestions in Opposition to All Defendants' Motions to Dismiss First Amended Complaint filed by Jeremy M. Suhr on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 9/18/2019 unless otherwise directed by the court. (Related document(s) #76 , #78 ) (Suhr, Jeremy)
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Filing 87
NOTICE of appearance by Courtney Marie Stout on behalf of All Plaintiffs (Attorney Courtney Marie Stout added to party Rhonda Burnett(pty:pla), Attorney Courtney Marie Stout added to party Scott Burnett(pty:pla), Attorney Courtney Marie Stout added to party Ryan Hendrickson(pty:pla), Attorney Courtney Marie Stout added to party Joshua Sitzer(pty:pla), Attorney Courtney Marie Stout added to party Amy Winger(pty:pla))(Stout, Courtney)
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Filing 86
MOTION for reconsideration filed by Gregory Dickinson on behalf of National Association of Realtors. Suggestions in opposition/response due by 9/9/2019 unless otherwise directed by the court. (Dickinson, Gregory)
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Filing 85
ORDER granting #83 motion to appear pro hac vice entered by Clerk of Court. Attorney Karoline E. Jackson for defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., and The Long & Foster Companies, 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. (Geiser, Angel)
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Filing 84
ORDER: Before the Court is the Corporate Defendants' Motion to Transfer (Doc. #61). The motion is DENIED. Signed on 8/22/19 by District Judge Stephen R. Bough. (Ellis, Lindsey)
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Filing 83
Motion to allow Karoline E. Jackson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6454472) filed by Brian C Fries on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., The Long & Foster Companies, Inc.. (Fries, Brian)
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Filing 82
ORDER: Motion of the National Association of Realtors to Transfer this Case to the Northern District of Illinois (Doc. #58) is DENIED. Signed on 8/19/19 by District Judge Stephen R. Bough. (Diefenbach, Tracy)
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Filing 81
NOTICE of appearance by Brian C Fries on behalf of BHH Affiliates, LLC (Attorney Brian C Fries added to party BHH Affiliates, LLC(pty:dft))(Fries, Brian)
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Filing 80
ORDER granting #75 motion to appear pro hac vice entered by Clerk of Court. Attorney David C. Kully 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. (Geiser, Angel)
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Filing 79
SUGGESTIONS in support re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Odeshoo Hasdoo on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. (Attachments: #1 Exhibit Declaration of Chad Allen, #2 Exhibit HousingWire Article, #3 Exhibit International Real Estate Review Article)(Related document(s) #78 ) (Hasdoo, Odeshoo)
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Filing 78
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Odeshoo Hasdoo on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. Suggestions in opposition/response due by 8/19/2019 unless otherwise directed by the court. (Attorney Odeshoo Hasdoo added to party Re/Max LLC(pty:dft))(Hasdoo, Odeshoo)
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Filing 77
SUGGESTIONS in support re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to dismiss for lack of jurisdiction filed by Gregory Dickinson on behalf of Defendant National Association of Realtors. (Attachments: #1 Exhibit Declaration of Katie Johnson)(Related document(s) #76 ) (Dickinson, Gregory)
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Filing 76
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to dismiss for lack of jurisdiction filed by Gregory Dickinson on behalf of National Association of Realtors. Suggestions in opposition/response due by 8/19/2019 unless otherwise directed by the court. (Dickinson, Gregory)
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Filing 75
Motion to allow David C. Kully to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6430897) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David)
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Filing 74
NOTICE of filing Sur-Reply Suggestions in Opposition to Motion of Defendant National Association of Realtors to Transfer this Case to the Northern District of Illinois by Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger re #58 MOTION to reassign/transfer case (Boulware, Brandon)
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Filing 73
Before this Court is Plaintiffs Motion for Leave to File Sur-Reply Suggestions in Opposition to Motion of Defendant National Association of Realtors to Transfer This Case to the Northern District of Illinois. (Doc. #72). The motion is granted. Plaintiffs are granted leave to file a sur-reply of a length not to exceed five (5) pages on or before July 31, 2019. Signed on 7/30/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 72
MOTION for leave to file Sur-Reply Suggestions in Opposition to Motion of Defendant National Association of Realtors to Transfer This Case to the Northern District of Illinois filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/13/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A-[Proposed] Sur-Reply Suggestions in Opposition)(Boulware, Brandon)
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Filing 71
REPLY SUGGESTIONS to motion re #58 MOTION to reassign/transfer case filed by Gregory Dickinson on behalf of Defendant National Association of Realtors. (Related document(s) #58 ) (Dickinson, Gregory)
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Filing 70
REPLY SUGGESTIONS to motion re #61 MOTION for order filed by Megan J. Ochs on behalf of Defendants HomeServices of America, Inc., Keller Williams Realty, Inc., Re/Max LLC, Realogy Holdings Corp.. (Related document(s) #61 ) (Ochs, Megan)
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Filing 69
RETURN OF SERVICE of complaint executed by All Plaintiffs. The Long & Foster Companies, Inc. served on 6/27/2019, answer due 7/18/2019. (Boulware, Brandon)
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Filing 68
ORDER: Before this Court is Defendants' Consent Motion to Exceed Page Limit. (Doc. #67). For good cause stated the motion is granted. Defendants are granted leave to file their suggestions in support of their respective motions to dismiss in a length up to and including twenty-five (25) pages. Plaintiffs are granted leave to file their suggestions in opposition to Defendants' motions to dismiss in a length up to and including twenty-five (25) pages, to the extent that Plaintiffs file separate oppositions, or in a length up to and including fifty (50) pages, to the extent Plaintiffs file a joint opposition. Signed on 7/29/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey)
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Filing 67
Consent MOTION for leave to file excess pages filed by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp.. Suggestions in opposition/response due by 8/9/2019 unless otherwise directed by the court. (Clinkinbeard, Karrie)
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Reset Deadlines per document 64 as to #61 MOTION to Transfer and #58 MOTION to reassign/transfer case . Reply suggestions due by 7/29/2019. (Diefenbach, Tracy)
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Filing 66
SUGGESTIONS in opposition re #61 MOTION for order filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 8/5/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #61 ) (Boulware, Brandon)
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Filing 65
SUGGESTIONS in opposition re #58 MOTION to reassign/transfer case filed by Brandon J.B. Boulware on behalf of Plaintiffs Rhonda Burnett, Scott Burnett, Ryan Hendrickson, Joshua Sitzer, Amy Winger. Reply suggestions due by 8/5/2019 unless otherwise directed by the court. (Attachments: #1 Exhibit A-Conference Tweets, #2 Exhibit B-NAR Handbook, #3 Exhibit C-Summary Chart)(Related document(s) #58 ) (Boulware, Brandon)
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Filing 64
Before this Court is Plaintiffs' Consent Motion for Extension of Time. (Doc. #63). For good cause stated the motion is granted. Plaintiffs are granted an extension of time until and including July 22, 2019, to file their response to Defendant National Association of Realtors' Motion to Transfer and Corporate Defendants' Motion to Transfer. Defendants are granted an extension of time until and including July 29, 2019, to file their replies. Signed on 7/19/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 63
Consent MOTION for extension of time filed by Brandon J.B. Boulware on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/1/2019 unless otherwise directed by the court. (Boulware, Brandon)
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Pursuant to the order entered 7/2/19 - Deadlines reset as to #58 and #61 MOTIONs to transfer case - Suggestions in opposition due by 7/19/2019. (Diefenbach, Tracy)
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Filing 62
SUGGESTIONS in support re #61 MOTION to change venue filed by Karrie J. Clinkinbeard on behalf of Defendants BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Related document(s) #61 ) (Clinkinbeard, Karrie)
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Filing 61
MOTION to transfer filed by Karrie J. Clinkinbeard on behalf of BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Keller Williams Realty, Inc., Re/Max LLC, Realogy Holdings Corp., The Long & Foster Companies, Inc.. Suggestions in opposition/response due by 7/24/2019 unless otherwise directed by the court.)(Clinkinbeard, Karrie) Modified on 7/11/2019 to correct filing event, docket text and to correct Attorney Clinkinbeard's representation of the proper party of Realogy Holdings Corp only. Document remains the same; NEF regenerated to all parties (Ellis, Lindsey).
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Filing 60
DISCLOSURE OF CORPORATE INTERESTS filed by Karrie J. Clinkinbeard on behalf of Defendant Realogy Holdings Corp..(Clinkinbeard, Karrie)
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Filing 59
SUGGESTIONS in support re #58 MOTION to reassign/transfer case filed by Gregory Dickinson on behalf of Defendant National Association of Realtors. (Attachments: #1 Exhibit Declaration of John Pierpoint)(Related document(s) #58 ) (Dickinson, Gregory)
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Filing 58
MOTION to reassign/transfer case filed by Gregory Dickinson on behalf of National Association of Realtors. Suggestions in opposition/response due by 7/24/2019 unless otherwise directed by the court. (Dickinson, Gregory)
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Filing 57
DISCLOSURE OF CORPORATE INTERESTS filed by Gregory Dickinson on behalf of Defendant National Association of Realtors.(Dickinson, Gregory)
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Filing 56
DISCLOSURE OF CORPORATE INTERESTS filed by Danne Wayne Webb on behalf of Defendant Re/Max LLC.(Attorney Danne Wayne Webb added to party Re/Max LLC(pty:dft))(Webb, Danne)
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Filing 55
DISCLOSURE OF CORPORATE INTERESTS filed by Brian C Fries on behalf of Defendant The Long & Foster Companies, Inc..(Attorney Brian C Fries added to party The Long & Foster Companies, Inc.(pty:dft))(Fries, Brian)
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Filing 54
DISCLOSURE OF CORPORATE INTERESTS filed by Brian C Fries on behalf of Defendant HSF Affiliates, LLC.(Attorney Brian C Fries added to party HSF Affiliates, LLC(pty:dft))(Fries, Brian)
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Filing 53
DISCLOSURE OF CORPORATE INTERESTS filed by Brian C Fries on behalf of Defendant HomeServices of America, Inc..(Fries, Brian)
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Filing 52
DISCLOSURE OF CORPORATE INTERESTS filed by David R. Buchanan on behalf of Defendant Keller Williams Realty, Inc..(Buchanan, David)
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Filing 51
RETURN OF SERVICE of complaint executed by All Plaintiffs. BHH Affiliates, LLC served on 6/27/2019, answer due 7/18/2019. (Boulware, Brandon)
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Filing 50
RETURN OF SERVICE of complaint executed by All Plaintiffs. HSF Affiliates, LLC served on 6/27/2019, answer due 7/18/2019. (Boulware, Brandon)
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Filing 49
ORDER: On July 1, 2019, the Court held a discovery dispute teleconference. In accordance with its rulings at the teleconference, the Court orders the following: 1) Defendants shall file their motions pursuant to 28 U.S.C. 1406 on or before July 10, 2019; 2) Plaintiffs shall file their responses on or before July 19, 2019; 3) Defendants shall file their replies on or before July 26, 2019; and 4) the parties shall not conduct their conference required under Federal Rule of Civil Procedure 26(f) or make or arrange their Rule 26(a)(1) initial disclosures until this Court has ruled on Defendants' 1406 motions. Signed on 7/2/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 48
Minute Entry. Proceedings held before District Judge Stephen R. Bough: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 7/1/2019. Order to be entered. Time in court: 3:30 pm to 3:55 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. (Diefenbach, Tracy)
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Filing 47
ORDER granting #45 & #46 motions to appear pro hac vice entered by Clerk of Court. Attorneys Gregory Dickinson and Jack R. Bierig 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. (Geiser, Angel)
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Filing 46
Motion to allow Jack R. Bierig to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6371401) filed by Charles W. Hatfield on behalf of National Association of Realtors. (Hatfield, Charles)
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Filing 45
Motion to allow Gregory Dickinson to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6371351) filed by Charles W. Hatfield on behalf of National Association of Realtors. (Hatfield, Charles)
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Filing 44
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 7/1/2019 03:30 PM in Chambers before District Judge Stephen R. Bough. Conference call information emailed to counsel. (Diefenbach, Tracy)
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Filing 43
ORDER denying #33 motion to appear pro hac vice entered by Clerk of Court. The court has denied your pro hac vice motion because the attorney seeking admission was not a member of a Federal Court at the time of the filing of the motion. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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Filing 42
ORDER granting #30 , #31 , #32 , #34 motion to appear pro hac vice entered by Clerk of Court. Attorneys Timothy Ray, Martin G. Durkin, Anna P. Hayes, William F. Farley 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. (Geiser, Angel)
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Filing 41
NOTICE of appearance by Alex Barrett on behalf of National Association of Realtors (Attorney Alex Barrett added to party National Association of Realtors(pty:dft))(Barrett, Alex)
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Filing 40
NOTICE of appearance by Charles W. Hatfield on behalf of National Association of Realtors (Attorney Charles W. Hatfield added to party National Association of Realtors(pty:dft))(Hatfield, Charles)
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Filing 39
Before the Court is a Stipulation of Dismissal without Prejudice as to RE/MAX Holdings, Inc. (Doc. #37). Accordingly, RE/MAX Holdings, Inc. is dismissed from this action without prejudice. Signed on 6/24/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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SUMMONS ISSUED as to BHH Affiliates, LLC, HSF Affiliates, LLC, Re/Max LLC, The Long & Foster Companies, Inc.. (Woods, Gloria)
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Filing 38
AMENDED COMPLAINT [First Amended] against HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, Realogy Holdings Corp., BHH Affiliates, LLC, HSF Affiliates, LLC, The Long & Foster Companies, Inc., Re/Max LLC filed by Brandon J.B. Boulware on behalf of All Plaintiffs.(Boulware, Brandon)
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Filing 37
STIPULATION of Dismissal without Prejudice as to Re/Max Holdings, Inc. by Joshua Sitzer, Amy Winger. (Boulware, Brandon)
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Filing 36
Before this Court is Plaintiffs' Consent Motion for Filing of Amended Class Action Complaint and Briefing Schedule. (Doc. #35). Because Defendants consent and leave to amend pleadings should be freely given when justice so requires, the motion for leave to file is granted. Accordingly, Plaintiffs are granted leave to file their Amended Class Action Complaint on or before June 21, 2019. For good cause stated, the motion for briefing schedule is granted. Accordingly, the Court adopts the following briefing schedule regarding Plaintiffs' Amended Class Action Complaint: Defendants shall file their response to Plaintiffs' Amended Class Action Complaint on or before August 5, 2019; Plaintiffs shall file their opposition to Defendants' response on or before September 4, 2019; and Defendants shall file their reply in support of their response on or before October 4, 2019. Signed on 6/19/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy)
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Filing 35
Consent MOTION for order for Filing of Amended Class Action Complaint and Briefing Schedule filed by Brandon J.B. Boulware on behalf of Joshua Sitzer, Amy Winger. Suggestions in opposition/response due by 7/3/2019 unless otherwise directed by the court. (Boulware, Brandon)
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Filing 34
Motion to allow William F. Farley to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6362143) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David) (Main Document 34 replaced on 6/24/2019) (Geiser, Angel).
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Filing 33
Motion to allow David C. Kully to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6362140) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David)
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Filing 32
Motion to allow Anna P. Hayes to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6362125) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Attachments: #1 Exhibit)(Buchanan, David) (Main Document 32 replaced on 6/24/2019) (Geiser, Angel).
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Filing 31
Motion to allow Martin G. Durkin to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6362109) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David) (Main Document 31 replaced on 6/24/2019) (Geiser, Angel).
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Filing 30
Motion to allow Timothy Ray to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6362080) filed by David R. Buchanan on behalf of Keller Williams Realty, Inc.. (Buchanan, David) (Main Document 30 replaced on 6/25/2019) (Geiser, Angel).
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Filing 29
ORDER granting #27 & #28 motions to appear pro hac vice entered by Clerk of Court. Attorneys Jay N. Varon and Jennifer M. Keas 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. (Geiser, Angel)
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Filing 28
Motion to allow Jennifer M. Keas to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6354925) filed by Brian C Fries on behalf of HomeServices of America, Inc.. (Fries, Brian)
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Filing 27
Motion to allow Jay N. Varon to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6354879) filed by Brian C Fries on behalf of HomeServices of America, Inc.. (Fries, Brian)
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Filing 26
NOTICE of appearance by David R. Buchanan on behalf of Keller Williams Realty, Inc. (Attorney David R. Buchanan added to party Keller Williams Realty, Inc.(pty:dft))(Buchanan, David)
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Filing 25
ORDER granting #23 & #24 motion to appear pro hac vice entered by Clerk of Court. Attorneys Kenneth M. Kliebard and Stacey A. Mahoney 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. (Geiser, Angel)
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Filing 24
Motion to allow Stacey Ann Mahoney to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6341306) filed by Megan J. Ochs on behalf of Realogy Holdings Corp.. (Ochs, Megan)
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Filing 23
Motion to allow Kenneth M. Kliebard to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6341200) filed by Megan J. Ochs on behalf of Realogy Holdings Corp.. (Ochs, Megan)
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Filing 22
ORDER granting admission pro hac vice for Paula Render re 20 Order on Motion to Appear Pro Hac Vice #14 . Order denied in error, now granted. Paula Render allowed to enter pro hac vice for defendant on behalf of RE/MAX Holdings, Inc. 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. (Geiser, Angel) Modified on 6/3/2019 (Russel, Jeri).
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Filing 21
ORDER granting #16 , #17 , #18 motion to appear pro hac vice entered by Clerk of Court. Attorneys Robert D MacGill, Matthew B Barr, and Matthew T Ciulla 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. (Geiser, Angel)
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Filing 20
ORDER denying #14 motion to appear pro hac vice entered by Clerk of Court in regards to Paula Render. Attorney is not eligible to enter through pro hac vice motion. Attorney must reinstate in the Western District before being eligible to practice in this court. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
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Filing 19
ORDER granting #12 & #13 motion to appear pro hac vice entered by Clerk of Court. Attorneys Erin Shencopp and Odeshoo Hasdoo for RE/MAX Holdings, 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. (Geiser, Angel)
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Filing 18
Motion to allow Matthew T. Ciulla to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6334183) filed by Brian C Fries on behalf of HomeServices of America, Inc.. (Fries, Brian) (Main Document 18 replaced on 6/3/2019) (Geiser, Angel).
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Filing 17
Motion to allow Matthew B. Barr to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6334157) filed by Brian C Fries on behalf of HomeServices of America, Inc.. (Fries, Brian) Modified on 5/30/2019 to correct clerical error on docket text only; document remains the same; NEF regenerated (Ellis, Lindsey). (Main Document 17 replaced on 6/3/2019) (Geiser, Angel).
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Filing 16
Motion to allow Robert D. MacGill to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6334075) filed by Brian C Fries on behalf of HomeServices of America, Inc.. (Fries, Brian) (Main Document 16 replaced on 6/3/2019) (Geiser, Angel).
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Filing 15
NOTICE of appearance by Brian C Fries on behalf of HomeServices of America, Inc. (Attorney Brian C Fries added to party HomeServices of America, Inc.(pty:dft))(Fries, Brian)
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Filing 14
Motion to allow Paula Render to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6331809) filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc.. (Webb, Danne) (Main Document 14 replaced on 6/3/2019) (Geiser, Angel).
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Filing 13
Motion to allow Odeshoo Hasdoo to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6331791) filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc.. (Webb, Danne)
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Filing 12
Motion to allow Erin Shencopp to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6331742) filed by Danne Wayne Webb on behalf of RE/MAX Holdings, Inc.. (Attorney Danne Wayne Webb added to party RE/MAX Holdings, Inc.(pty:dft))(Webb, Danne)
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Filing 11
NOTICE of appearance by Karrie J. Clinkinbeard on behalf of Realogy Holdings Corp. (Attorney Karrie J. Clinkinbeard added to party Realogy Holdings Corp.(pty:dft))(Clinkinbeard, Karrie)
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Filing 10
NOTICE of appearance by Megan J. Ochs on behalf of Realogy Holdings Corp, Inc. (Ochs, Megan) Modified on 5/28/2019 to correct attorney association(James, Carrie).
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 5/28/19 as Document No. 10, Notice of Appearance. Attorney was associated with correct party. This is a text entry only - no document is attached. (James, Carrie)
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Filing 9
ORDER: Before the Court is a Consent Motion for Order Extending Time for Defendants to File Motions to Dismiss and Setting Briefing Schedule. (Doc. #8). For good cause stated the Motion is granted. Defendants are granted an extension of time until and including June 21, 2019, to file motions to dismiss or otherwise respond to the Complaint. Plaintiffs' oppositions to motions to dismiss shall be filed on or before July 19, 2019. Defendants' replies shall be filed on or before August 16, 2019. Signed on 5/24/19 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Ellis, Lindsey)
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Filing 8
Consent MOTION for extension of time [for Defendants to File Motions to Dismiss and Setting Briefing Schedule] filed by Jeremy M. Suhr on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/6/2019 unless otherwise directed by the court. (Suhr, Jeremy)
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Filing 7
RETURN OF SERVICE of complaint executed by All Plaintiffs. RE/MAX Holdings, Inc. served on 5/6/2019, answer due 5/28/2019. (Boulware, Brandon)
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Filing 6
RETURN OF SERVICE of complaint executed by All Plaintiffs. Realogy Holdings Corp. served on 5/6/2019, answer due 5/28/2019. (Boulware, Brandon)
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Filing 5
RETURN OF SERVICE of complaint executed by All Plaintiffs. National Association of Realtors served on 5/6/2019, answer due 5/28/2019. (Boulware, Brandon)
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Filing 4
RETURN OF SERVICE of complaint executed by All Plaintiffs. Keller Williams Realty, Inc. served on 5/6/2019, answer due 5/28/2019. (Boulware, Brandon)
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Filing 3
RETURN OF SERVICE of complaint executed by All Plaintiffs. HomeServices of America, Inc. served on 5/6/2019, answer due 5/28/2019. (Boulware, Brandon)
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Filing 2
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Woods, Gloria)
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SUMMONS ISSUED as to HomeServices of America, Inc., Keller Williams Realty, Inc., National Association of Realtors, RE/MAX Holdings, Inc., Realogy Holdings Corp.. (Woods, Gloria)
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Filing 1
COMPLAINT against All Defendants filed by Brandon J.B. Boulware on behalf of Joshua Sitzer, Amy Winger. Filing fee $400, receipt number AMOWDC-6289926. Service due by 7/29/2019 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Boulware, Brandon)
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