REX - Real Estate Exchange Inc v. Zillow Inc et al, No. 2:2021cv00312 - Document 36 (W.D. Wash. 2021)
Court Description: STIPULATION AND ORDER granting Parties' 32 Stipulated Motion for Extension of Time: Zillow Group Marketplace, Inc. is dismissed from this action without prejudice. Plaintiff REX-Real Estate Exchange, Inc.'s Motion for Preliminary Inju nction is renoted for May 10, 2021. The deadline for defendants Zillow, Inc., Zillow Group, Inc., Zillow Homes, Inc., Zillow Listing Services, Inc., Trulia, LLC (collectively, "Zillow") and The National Association of Realtors ("NA R") to respond to the Motion fo r Preliminary Injunctionis April 30, 2021. Plaintiff's deadline to file any reply brief in support of its Motion for Preliminary Injunction is May 10, 2021. The deadline for defendants Zillow and NAR to answer, move to dismiss, or otherwise respond to the Complaint for Injunctive Relief and for Damages is extended to twenty-one (21) days after the Court rules on Plaintiff's Motion for Preliminary Injunction. Signed by Judge Thomas S. Zilly.(MW)
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REX - Real Estate Exchange Inc v. Zillow Inc et al Doc. 36 THE HONORABLE THOMAS S. ZILLY 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE 11 REX - REAL ESTATE EXCHANGE, INC., a Delaware corporation, 12 Plaintiff, 13 v. Case No. 2:21-CV-00312-TSZ 14 15 16 17 18 19 ZILLOW, INC., a Washington corporation; ZILLOW GROUP, INC., a Washington corporation; ZILLOW HOMES, INC., a Delaware corporation; ZILLOW LISTING SERVICES, INC., a Washington corporation; ZILLOW GROUP MARKETPLACE, INC., a Washington corporation; TRULIA, LLC, a Delaware limited liability company; and THE NATIONAL ASSOCIATION OF REALTORS, an Illinois trade association, STIPULATION AND ORDER FOR EXTENSION OF TIME AND BRIEFING SCHEDULE, AND FOR DISMISSAL OF ZILLOW GROUP MARKETPLACE, INC. 20 Defendants. 21 22 23 24 25 26 27 28 STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300 Dockets.Justia.com STIPULATION 1 2 Plaintiff REX-Real Estate Exchange, Inc. (“REX”) and Defendants Zillow, Inc., Zillow 3 Group, Inc., Zillow Homes, Inc., Zillow Listing Services, Inc., Zillow Group Marketplace, Inc., 4 and Trulia, LLC (collectively “Zillow”) and The National Association of Realtors (“NAR”), by 5 their undersigned counsel, hereby stipulate as follows: 6 1. On Tuesday, March 9, 2021, REX filed a Complaint for Injunctive Relief and for 7 Damages (Dkt. No. 1) against Zillow and NAR. REX simultaneously filed a Motion for 8 Preliminary Injunction (Dkt. No. 5). REX provided courtesy copies of the Complaint and Motion 9 for Preliminary Injunction to executives at Zillow and NAR that same day. 10 2. On Friday, March 12, 2021, Zillow was served with the summons, Complaint, 11 and Motion for Preliminary Injunction and supporting papers. REX claims that its process server 12 made numerous attempts to serve NAR’s registered agent in Chicago, Illinois, but was turned 13 away. 14 3. On Thursday, March 18, 2021, NAR’s counsel agreed to waive service of the 15 Summons, and REX’s counsel transmitted the waiver of service form that day. On Thursday, 16 March 25, 2021, NAR returned the signed waiver of service of the Summons. 17 4. On Thursday, March 25, 2021, counsel for Zillow filed a notice of appearance. 18 5. REX, Zillow and NAR stipulate and agree to re-note REX’s Motion for 19 20 Preliminary Injunction to May 10, 2021. 6. REX, Zillow and NAR stipulate and agree to staying Zillow and NAR’s deadline 21 for answering, moving to dismiss, or otherwise responding to REX’s complaint until 21 days 22 after this Court issues its order on REX’s Motion for Preliminary Injunction. Zillow and NAR 23 agree they will not file motions to dismiss or other dispositive motions until after the court enters 24 its order on the Preliminary Injunction motion. This will avoid parallel briefing and streamline 25 the proceedings. 26 7. 27 REX, Zillow and NAR stipulate and agree to the following briefing schedule, provided such dates are agreeable to the Court: 28 STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP -2- 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300 1 2 3 4 5 6 7 8 Filing Stipulated Deadline Zillow’s Response to Motion for Preliminary April 30, 2021 Injunction NAR’s Response to Motion for Preliminary April 30, 2021 Injunction REX’s Reply ISO Motion for Preliminary Injunction May 10, 2021 Zillow’s Response to Complaint 21 days after the Court’s ruling on Motion for Preliminary Injunction NAR’s Response to Complaint 21 days after the Court’s ruling on Motion for Preliminary Injunction 9 10 8. Good cause exists for the requested extension and proposed briefing schedule. 11 REX, Zillow and NAR agree that an extension of time for Zillow and NAR to respond to the 12 Complaint and Motion for Preliminary Injunction promotes efficiency and will not unduly delay 13 this proceeding. 14 9. REX told Zillow and NAR that it intends to supplement the Motion for 15 Preliminary Injunction with additional information it learned after the motion was filed. REX 16 also told Zillow and NAR that it intends to supplement the record no later than April 15, 2021. 17 Zillow and NAR do not agree to REX’s potential “supplement,” but will meet and confer with 18 REX on any motion it intends to bring. 19 10. In addition, REX and Zillow stipulate and agree to the dismissal of Zillow Group 20 Marketplace, Inc. from this action. Zillow represents that: (a) Zillow Group Marketplace, Inc. is 21 a mortgage lead generator whose business is providing advertising products and selling 22 mortgage leads to lenders; (b) Zillow Group Marketplace, Inc. is not a licensed brokerage and 23 its business does not involve the aggregation, search, display, or publication of real estate 24 listings, that is the subject of REX’s Complaint; and (c) Zillow Group Marketplace, Inc. is a 25 subsidiary of Zillow, Inc., and does not control any of the other Zillow entities that are parties 26 to this lawsuit. In light of these representations, REX agrees that Zillow Group Marketplace, 27 Inc. should be dismissed without prejudice. Zillow and NAR stipulate and agree that REX may 28 amend its Complaint to join Zillow Group Marketplace, Inc. if (a) any of Zillow’s STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP -3- 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300 1 representations above are not supported by the evidence, or (b) if Zillow or NAR assert that 2 Zillow Group Marketplace, Inc. is a necessary party for the relief sought in this action. 3 4 Respectfully submitted this 29th day of March 2021. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 By: By: **/s/ Aravind Swaminathan /s/ Nicole Tadano /s/ John “Jay” Jurata, Jr. /s/ Russell P. Cohen /s/ Naomi J. Scotten /s/ Michael Vaska /s/ Rylan Weythman /s/ Darren L. McCarty /s/ Cristina M. Moreno FOSTER GARVEY PC Michael Vaska (WSBA No. 15438) michael.vaska@foster.com Rylan Weythman (WSBA No. 45352) rylan.weythman@foster.com 1111 Third Avenue, Suite 3000 Seattle, WA 98101 Telephone: 206-447-4400 Facsimile: 206-447-9700 McCARTY LAW PLLC Darren L. McCarty (Admitted Pro Hac Vice) darren@mccartylawpllc.com Cristina M. Moreno (Admitted Pro Hac Vice) 1410B West 51st Street Austin, TX 78756 Telephone: 512-827-2902 Attorneys for Plaintiff REX-Real Estate Exchange, Inc. ORRICK, HERRINGTON & SUTCLIFFE LLP Aravind Swaminathan (WSBA No. 33883) aswaminathan@orrick.com Nicole Tadano (WSBA No. 40531) ntadano@orrick.com 701 Fifth Avenue, Suite 5600 Seattle, WA 98104 Telephone: 206-839-4300 Facsimile: 206-839-4301 John “Jay” Jurata, Jr. (Pro Hac Vice Pending) jjurata@orrick.com 1152 15th Street, N.W. Washington, DC 20005 Telephone: 202-339-8400 Russell P. Cohen (Admitted Pro Hac Vice) rcohen@orrick.com 405 Howard Street San Francisco, CA 94105 Telephone: 415-773-5700 19 20 Naomi J. Scotten (Admitted Pro Hac Vice) nscotten@orrick.com 51 West 52nd Street New York, NY 20005 Telephone: 212-506-5000 21 22 23 Attorneys for Defendants Zillow, Inc., Zillow Group, Inc., Zillow Homes, Inc., Zillow Listing Services, Inc. Zillow Group Marketplace, Inc., and Trulia, LLC 24 25 26 **Pursuant to this Court’s Electronic Filing Procedure III L, the electronic signatory has obtained approval from all other signatories. 27 28 STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP -4- 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300 1 By: 2 3 /s/ Thomas C. Rubin /s/ Ethan Glass /s/ Michael D. Bonanno QUINN EMANUEL URQUHART & SULLIVAN, LLP Thomas C. Rubin (WSBA Bar No. 33829) tomrubin@quinnemanuel.com 1109 First Avenue, Suite 210 Seattle, WA 98101 Telephone: 206-905-7000 Facsimile: 206-905-7100 4 5 6 7 Ethan Glass (Pro Hac Vice Forthcoming) ethanglass@quinnemanuel.com Michael D. Bonanno (Pro Hac Vice Forthcoming) mikebonanno@quinnemanuel.com 1300 I Street, Suite 900 Washington, D.C. 20005 Telephone: 202-538-8000 Facsimile: 202-538-8100 8 9 10 11 12 Attorneys for The National Association of Realtors® 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP -5- 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300 ORDER 1 2 IT IS HEREBY ORDERED that: 3 1. Zillow Group Marketplace, Inc. is dismissed from this action without prejudice. 4 2. Plaintiff REX-Real Estate Exchange, Inc.’s Motion for Preliminary Injunction is re- 5 noted for May 10, 2021. The deadline for defendants Zillow, Inc., Zillow Group, Inc., Zillow 6 Homes, Inc., Zillow Listing Services, Inc., Trulia, LLC (collectively, “Zillow”) and The 7 National Association of Realtors (“NAR”) to respond to the Motion for Preliminary Injunction 8 is April 30, 2021. Plaintiff’s deadline to file any reply brief in support of its Motion for 9 Preliminary Injunction is May 10, 2021. 10 3. The deadline for defendants Zillow and NAR to answer, move to dismiss, or otherwise 11 respond to the Complaint for Injunctive Relief and for Damages is extended to twenty-one (21) 12 days after the Court rules on Plaintiff’s Motion for Preliminary Injunction. 13 14 15 DATED this 30th day of March, 2021. 16 A 17 18 Thomas S. Zilly United States District Judge 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER: 2:21-CV-00312-TSZ ORRICK, HERRINGTON & SUTCLIFFE LLP -6- 701 Fifth Avenue, Suite 5600 Seattle, Washington 98104-7097 +1 206 839 4300
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