"If the parties fail to engage in discovery due to pending settlement negotiations, the court said that this will not be grounds for continuance of the trial date. Judge Moore's order did not specify if the trial was set to be a jury trial or a non-jury trial. The lawsuit was originally filed in late April 2024 against HomeServices of America and its subsidiaries, BHH Affiliates and HSF Affiliates."
"The lawsuit, which claims the defendants conspired to artificially inflate agent commissions, was dismissed in July 2025 and Judge Moore closed the case, but the plaintiffs filed a third amended complaint in early August, reopening the suit. The defendants filed another motion to dismiss the suit in early September, in which they claimed that the court should dismiss the plaintiffs' third amended complaint because they fail to allege the basic foundation of an antitrust conspiracy."
Discovery delays from settlement negotiations will not justify continuing the scheduled trial date. Judge Moore's order did not specify jury or non-jury. The lawsuit was filed against HomeServices of America and subsidiaries BHH and HSF, with Douglas Elliman added later. Plaintiffs allege defendants conspired to artificially inflate agent commissions. The suit was dismissed and closed, but plaintiffs filed a third amended complaint, reopening the case. Defendants moved to dismiss, arguing failure to allege an antitrust conspiracy, largely time-barred claims, and lack of antitrust standing. A hearing was requested; no ruling yet. If tried, this would be the first commission-related trial since the Sitzer/Burnett verdict.
Read at www.housingwire.com
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