Defendant MLS PIN and plaintiffs Jennifer Nosalek, Randy Hirschorn and Tracey Hirschorn asked a district court judge for permission to respond to a statement of interest the DOJ filed in the case.
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The plaintiffs and the multiple listing service defendant in a major antitrust commission suit are joining forces against a common foe: The U.S. Department of Justice.
On Wednesday, plaintiffs Jennifer Nosalek, Randy Hirschorn and Tracey Hirschorn and defendant MLS Property Information Network (MLS PIN) asked the U.S. District Court for the District of Massachusetts for permission to respond to a statement of interest the DOJ filed in the case on Feb. 15.
In that filing, the federal agency rejected rule changes in a proposed settlement between the plaintiffs and MLS PIN and instead called for “an injunction that would prohibit sellers from making commission offers to buyer brokers at all,” thereby promoting competition and innovation between buyer-brokers because buyers would be empowered to negotiate directly with their own brokers.
While the plaintiffs and MLS PIN have previously gone back to the drawing board and rejiggered their settlement after the DOJ expressed concerns about the deal, it seems that after hearing the antitrust enforcer’s specific objections, they have decided instead to fight.
“Plaintiffs and MLS PIN dispute the factual and legal arguments made in the DoJ’s Statement of Interest,” attorneys for both say in a joint court filing.
“Accordingly, Plaintiffs and MLS PIN respectfully request the opportunity to file separate responses to the DoJ’s Statement of Interest no later than March 28, 2024.”
March 28 is the date of oral arguments before a…