Judge Thomas Zilly rejected Zillow’s movement for a protective order, stating CEO Rich Barton need to finish 3 hours of questioning from REX’s counsel about the business’s “Task Bookshelf.”
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U.S. District Court Judge Thomas S. Zilly authorized REX Property’s counsel’s demand to concern Zillow CEO Rich Barton on Tuesday, providing yet another blow to the property giant in a 13-month fight over supposed antitrust activity.
Judge Thomas S. Zilly
Court records reveal Zillow’s counsel submitted a movement for a protective order on April 21. In the 18-page order, Zillow’s counsel argued REX’s demand to question Barton ought to be rejected as the CEO does not have “distinct, non-repetitive, direct understanding pertinent” to Task Bookshelf, the codename for Zillow’s web information exchange (IDX) and several listing system policies.
” The pinnacle teaching is developed to safeguard versus exactly the strategies that Complainant REX– Property Exchange Inc. is trying to participate in here– abusing the discovery procedure to try to reach a peak authorities that has no distinct, non-duplicative, direct understanding of the truths at problem in this case without very first tiring any and all less invasive ways of getting the info it professes to look for,” the file states. “In specific, Complainant looks for to depose Zillow Group Inc.’s CEO, Richard Barton, to acquire info about Task Bookshelf (i.e., Zillow’s choice to acquire listings information through web information exchange (” IDX”) feeds, and to sign up with different MLSs).”
Zillow’s counsel went on to keep in mind that REX currently has actually 2 depositions arranged with other top-level executives who have more intimate understanding of Task Bookshelf, indicating that Barton has absolutely nothing brand-new to use.
” As Zillow has actually described consistently, in interrogatory reactions and several meet-and-confers, Mr. Barton has no distinct, non-duplicative individual understanding about Task Bookshelf,” the movement continued. “The Task started prior to Mr. Barton was CEO, and Complainant currently is arranged, within the next 2 weeks, to depose 2 other top-level Zillow staff members who were straight associated with that Task.”
4 days later on, Zilly rejected Zillow’s movement and needed Barton to participate in a three-hour deposition within the next one month. Zilly likewise kept in mind the deposition should occur over ZOOM, and provided both celebrations till Might 16 to “satisfy and provide concerning possible changes to the present movement due dates and rundown schedule and send a proposition to the court within the next week.”
Inman connected to Zillow and REX for remark, however neither was offered at the time of publication.
Abundant Barton
The movement is the most recent chapter in a 13-month fight in between REX, Zillow and the National Association of Realtors over Zillow’s application of NAR’s ‘No-Commingling Guideline.”
In March 2022, REX submitted fit versus Zillow and NAR, stating Zillow’s choice to divide listings in between “representative listings” and “other listings” tabs drastically reduced the variety of views for their listings on Zillow and decreased sales. Moreover, REX stated the choice adversely affects customers, particularly sellers who wind up “[listing] the house for more days on market and accept lower list prices” since purchasers aren’t browsing the “other listings” tab.
NAR and Zillow reacted in July 2022 with a movement to dismiss, based upon a 2008 permission decree with the Department of Justice that “permitted Realtor-affiliated several listing services to need that MLS listings be browsed individually from listings gotten from other sources.”
Nevertheless, the DOJ chimed in and stated NAR was misusing the now-expired decree. “The decree ended in 2018 and must not read to use to market advancements, such as the enormous development of Zillow into an apparently crucial platform for marketing houses straight to customers (rather than through a several listing service), which barely existed in 2008.”
Zilly rejected the movement to dismiss in September, keeping in mind that REX had actually offered adequate proof to support its accusations.
“[The] accuseds likewise argue that the grievance does not have adequate accusations to plead damage to competitors, primarily arguing that Complainant simply presumes that damage to itself is damage to competitors,” Zilly stated in a 25-page order. “The Court disagrees, as the grievance is packed with accusations of damage to competitors.”
“[The] complainant plausibly declares that Offenders’ actions have a considerable anticompetitive impact that hurts customers in the pertinent market,” he continued while referencing NAR’s No-Commingling and Buyer-Broker Commission guidelines. “The Court, for that reason, rejects [the] Offenders’ movements to dismiss the antitrust claims brought under Area 1 of the Sherman Act and under the [Consumer Protection Act].”
The case took numerous more turns throughout the last quarter of 2022, with Zillow petitioning NAR to end no-commingling, Zillow being bought to turn over FSBO information to REX, and NAR being needed to turn over “pertinent proof” to REX.
The trial date is set for September 18.