Thursday, February 15, 2007

FTC v. Realcomp - Parties' Status Report

Earlier this week the parties submitted their first joint status report to the Administrative Law Judge (ALJ) hearing this matter, The Honorable Stephen J. McGuire.

According to that report, the FTC (as of February 12, 2007) has taken 13 depositions and noticed 11 others, while Realcomp has taken five depositions and noticed six others. They have also exchanged written interrogatories and document requests. The parties anticipate that fact discovery will be complete by the previously established March 20, 2007 deadline. According to the Scheduling Order, the parties will then tackle the subject of expert witnesses.

Not unexpectedly, the parties state in the report that "[t]here have been no settlement discussions since the Scheduling Conference[,]" which was held late last year.

While earlier this month Realcomp agreed to withdraw a deposition subpoena served upon one of my clients, I have been in contact with one individual who was recently deposed by Realcomp. Both of these persons received subpoenas seeking various records before Realcomp later served each of them with deposition subpoenas.

It is presently my impression that Realcomp (perhaps with NAR's support) is intent on litigating this matter, notwithstanding NAR's previous statement on the subject of listings going to and its subsequent policy announcement that appears to be at odds with the Realcomp rule being challenged here by the FTC. Recall the political effort it launched last month on its website.

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