Court steps in to assist with Sitzer/Burnett, Gibson settlements 

In recent court news, a judge has appointed two special masters to oversee the distribution of settlement funds in the Sitzer/Burnett and Gibson cases.

Meanwhile, in the Tuccori case, several law professors are banding together to question why the plaintiffs in a related lawsuit were not permitted to intervene in opt-in settlements. Additionally, United Wholesale Mortgage (UWM) plans to file a motion to dismiss a case brought by Rocket Mortgage in May; a former Zillow employee has reached a settlement agreement in a discrimination suit filed last fall; and a sexual assault case filed in late 2023 appears to be heading to trial — soon.

2 special masters appointed in Sitzer/Burnett, Gibson

In a new development in the landmark Sitzer/Burnett and Gibson settlements, U.S. District Judge Stephen Bough has ordered two special masters to oversee how settlement funds are distributed to class members.

Chris T. Hellums and Randall L. Sansom have been appointed to "facilitate the fair administration of settlement to the class" and to help class members "understand the cost of the services charged to the class for notice, claims review, and settlement distribution," Bough's July 27 order explained.

Hellums, Sansom and any individuals they enlist to assist their independent audit of JND Legal Administration's handling of the settlement funds will be paid $950 per hour "and shall incur only such fees and expenses as may be reasonably necessary to fulfill their duties," the order said.

However, the court "retains sole authority to issue final rulings and adjudication on any matter arising from this audit and process," the order noted.

The Sitzer/Burnett and Gibson settlement agreements are awaiting a three-judge panel's decision on whether they will stand. The appellate court panel, which heard final arguments earlier this year, is expected to issue a decision in mid-2026.

Academics urge court to reconsider Batton intervention in Tuccori

Five law professors have filed an amici curiae brief questioning the settlement process in the homebuyer commissions case known as Tuccori.

In their July 27 brief, professors J. Maria Glover, Robin J. Effron, Alexi Pfeffer-Gillett, Alan M. Trammel and Michael A. Wolff noted they were not contesting the allegations or settlement reached in the case. Rather, they questioned an earlier district court's ruling denying the plaintiffs in a related case known as Batton to intervene, but instead instructing them to file objections during the final Tuccori settlement approval hearing.

The Batton plaintiffs have attempted to block some Tuccori opt-in settlement agreements reached with Batton defendants, alleging that the opt-ins served as a "reverse auction." This, the professors' amici curiae brief alleged, makes the Batton objections different from others that typically arise during the settlement process, and should thus be treated differently.

The brief called upon the court to reverse the earlier ruling.

eXp sexual assault case likely heading to trial

A lawsuit filed in December 2023 by an eXp agent who says she was drugged and sexually assaulted at an eXp recruiting event appears to be heading to trial.

Over the past week, plaintiff Anya Roberts and several of the named defendants — which include eXp Realty, parent company eXp World Holdings and its founder, and former eXp agents — have filed multiple motions in limine to preclude certain research, opinions and testimony from coming up at trial.

The plaintiff's attorneys are asking the court to exclude the testimony of some defendant-named experts, including a forensic psychiatrist and human trafficking and real estate experts. The attorneys also sought to admit additional sexual assault allegations involving one of the former agents.

Attorneys representing eXp World Holdings, eXp Realty and Founder Glenn Sanford have filed motions seeking to block "testimony or evidence of spoliation and/or deletion of workplace chats," references to Sanford's financial wealth and evidence of any investigations that arose due to allegations brought in the case.

In a July 27 filing, the parties said they engaged in settlement discussions, but despite "a good faith effort by each participant," they were unable to reach a resolution.

"There are no ongoing settlement discussions, and there does not appear to be a likelihood of settlement prior to trial," the filing stated.

A final pre-trial conference is slated for Aug. 14, with the trial scheduled to start on Aug. 31.

UWM to ask for dismissal of Rocket case

United Wholesale Mortgage (UWM) has said in recent court filings that it intends to file a motion to dismiss the lawsuit brought against the company in May by Rocket Mortgage.

In a joint letter filed July 20, attorneys for UWM and Rocket requested a July 31 deadline for UWM to file its motion to dismiss and asked for Rocket's opposition paperwork to be filed no later than Oct. 1, with UWM's response to be filed 30 days later.

Rocket sued UWM in May, alleging that its mortgage rival breached non-solicitation agreements included in the purchase contract for Mr. Cooper Group, which Rocket acquired last year. In the July 20 joint letter, UWM said its motion to dismiss will argue that the plaintiff's "primary legal theory is irreconcilable with the contract and its other allegations are conclusory, speculative, and utterly refuted by documentary evidence."

New York Supreme Court Justice Anar Rathod Patel, who was initially assigned to the case, recused herself on July 22. A timeline for the parties' requested next steps has not yet been set.

Race discrimination case nears resolution

A former longtime Zillow employee who accused the company of withholding promotions because of his race has reached a settlement in the lawsuit he filed last fall.

An attorney for "day-one Zillow employee" Samuel Herrera filed a notice on July 1 alerting the court that a settlement had been reached. The terms of the deal were still being worked out, the filing noted, but dismissal paperwork is expected to be submitted no later than July 31.