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FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023
EXHIBIT A
FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023
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APPEAL,MAPN,PHV,STAYED
U.S. District Court
Western District of Missouri (Kansas City)
CIVIL DOCKET FOR CASE #: 4:19-cv-00332-SRB
Sitzer et al v. National Association of Realtors et al Date Filed: 04/29/2019
Assigned to: District Judge Stephen R. Bough Jury Demand: Both
Demand: $75,000 Nature of Suit: 410 Anti-Trust
Case in other court: 8th Circuit Court of Appeals, 20-01779 Jurisdiction: Federal Question
8th Circuit Court of Appeals, 22-02664
Cause: 15:1 Antitrust Litigation
Movant
Missouri Association of Realtors represented by Robert A. Henderson
Polsinelli - KCMO
900 W. 48th Place
Kansas City, MO 64112
(816) 753-1000
Fax: (816) 753-1536
Email: rhenderson@polsinelli.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Phillip James Richard Zeeck
Polsinelli - KCMO
900 W. 48th Place
Kansas City, MO 64112
816-572-4592
Fax: 816-817-0312
Email: pzeeck@polsinelli.com
ATTORNEY TO BE NOTICED
Movant
MARIS MLS represented by Robert A. Henderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Phillip James Richard Zeeck
(See above for address)
ATTORNEY TO BE NOTICED
Movant
Columbia Board of Realtors represented by Robert A. Henderson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023
#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) (Entered:
12/16/2022)
12/19/2022 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) (Entered: 12/19/2022)
12/20/2022 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) (Entered: 12/20/2022)
12/27/2022 1022 STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of
America, Inc.. (Ciulla, Matthew) (Entered: 12/27/2022)
12/29/2022 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) (Entered: 12/29/2022)
12/30/2022 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)
(Entered: 12/30/2022)
01/13/2023 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) (Entered:
01/13/2023)
01/13/2023 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) (Entered: 01/13/2023)
01/16/2023 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)
(Entered: 01/16/2023)
01/26/2023 1028 STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of
America, Inc.. (Ciulla, Matthew) (Entered: 01/26/2023)
01/27/2023 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
Preview
FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023 EXHIBIT A FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023 Query Reports Utilities Help Log Out APPEAL,MAPN,PHV,STAYED U.S. District Court Western District of Missouri (Kansas City) CIVIL DOCKET FOR CASE #: 4:19-cv-00332-SRB Sitzer et al v. National Association of Realtors et al Date Filed: 04/29/2019 Assigned to: District Judge Stephen R. Bough Jury Demand: Both Demand: $75,000 Nature of Suit: 410 Anti-Trust Case in other court: 8th Circuit Court of Appeals, 20-01779 Jurisdiction: Federal Question 8th Circuit Court of Appeals, 22-02664 Cause: 15:1 Antitrust Litigation Movant Missouri Association of Realtors represented by Robert A. Henderson Polsinelli - KCMO 900 W. 48th Place Kansas City, MO 64112 (816) 753-1000 Fax: (816) 753-1536 Email: rhenderson@polsinelli.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip James Richard Zeeck Polsinelli - KCMO 900 W. 48th Place Kansas City, MO 64112 816-572-4592 Fax: 816-817-0312 Email: pzeeck@polsinelli.com ATTORNEY TO BE NOTICED Movant MARIS MLS represented by Robert A. Henderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Phillip James Richard Zeeck (See above for address) ATTORNEY TO BE NOTICED Movant Columbia Board of Realtors represented by Robert A. Henderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED FILED: WESTCHESTER COUNTY CLERK 09/12/2023 04:51 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1642 RECEIVED NYSCEF: 09/12/2023 #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) (Entered: 12/16/2022) 12/19/2022 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) (Entered: 12/19/2022) 12/20/2022 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) (Entered: 12/20/2022) 12/27/2022 1022 STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew) (Entered: 12/27/2022) 12/29/2022 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) (Entered: 12/29/2022) 12/30/2022 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) (Entered: 12/30/2022) 01/13/2023 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) (Entered: 01/13/2023) 01/13/2023 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) (Entered: 01/13/2023) 01/16/2023 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) (Entered: 01/16/2023) 01/26/2023 1028 STATUS REPORT by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. (Ciulla, Matthew) (Entered: 01/26/2023) 01/27/2023 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