"Judge Dick ruled that the state law claims will be deferred to a later date, following a report by Magistrate Judge Erin Wilder-Doomes regarding a motion to dismiss for failure to state a claim."
"The report stated that plaintiffs did not explain how their forced membership in the associations harms consumers, and there were no facts in the Amended Complaint showing how any of Defendants' policies limit minority consumers."
"Plaintiffs' wholly conclusory allegations are insufficient to state a disparate impact claim, as there is not a single fact in the Amended Complaint that shows harm to minority consumers."
"An NAR spokesperson expressed satisfaction with the court's adoption of the magistrate judge's report, emphasizing support for pro-competitive, pro-consumer local broker marketplaces."
Judge Dick dismissed claims against Kenneth Damann without prejudice, allowing plaintiffs three weeks to amend their complaint. The ruling deferred state law claims to a later date. This decision followed a report by Magistrate Judge Erin Wilder-Doomes, which stated that plaintiffs failed to demonstrate how forced membership in associations harms consumers. The report noted that allegations of disparate impact on minority consumers lacked factual support. Despite objections from plaintiffs regarding the report's characterization of case law, Judge Dick did not address these arguments in her ruling.
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