Batton Plaintiffs Lose Bid To Intervene In Anywhere Settlement

Despite pushback from the Batton homebuyer commission lawsuit plaintiffs, Anywhere Real Estate’s settlement in the Tuccori homebuyer commission suit obtained preliminary approval last week. 

Judge Lindsay Jenkins informed the parties of her decision in a minute entry in the court docket last Wednesday. 

Anywhere was initially not a defendant in the combined Tuccori and Cwynar homebuyer suits, but in February, Anywhere asked the Tuccori plaintiffs if it could opt-in to their pre-established homebuyer settlement. In a motion to intervene, the Batton plaintiffs claimed that Anywhere conducted a “reverse auction” and sought out “the most ineffectual class lawyers to negotiate a settlement with in the hope that the district court will approve a weak settlement that will preclude other claims against the defendant.” 

In addition to approving Anywhere’s settlement, Judge Jenkins also denied the Batton plaintiffs’ motion to intervene in the Tuccori lawsuit. In her ruling, Judge Jenkin wrote that the Batton’s plaintiffs interests would not be impaired if their motion to intervene was denied, as they would have the opportunity to object to the settlement at the agreement’s final approval fairness hearing. 

Aaron Bolton, one of the Batton plaintiffs, has appealed Judge Jenkin’s ruling on the motion to intervene. 

In addition to Judge Jenkins’ rulings, Judge LaShonda Hunt, who is overseeing the Batton lawsuit, denied two motions the Batton plaintiffs filed regarding the Tuccori suit. Last week Judge Hunt denied the Batton plaintiffs’ motions to reassign the Tuccori suit to her, as well as their motion for a preliminary injunction seeking to prevent the Tuccori plaintiffs and Anywhere from proceeding with their motion for preliminary approval of Anywhere’s settlement. Judge Hunt echoed Judge Jenkins, telling the Batton plaintiffs that they could object to Anywhere’s settlement at the final approval hearing. 

Since the preliminary approval of Anywhere’s settlement, other brokerages, who are not defendants in the Tuccori lawsuit are also looking to opt-in to the settlement. Last Thursday, Fathom Realty notified Judge Jenkins that it was working to finalize a settlement agreement with the Tuccori plaintiffs in a motion to stay the proceedings. Judge Jenkins approved this motion on Friday. 

“All deadlines as to Defendant Fathom are stayed so that these parties can focus their efforts on settlement,” she wrote in a minute entry on the court docket. 

While the Batton plaintiffs may not seek to intervene against Fathom’s settlement, they most likely will object to the final approval of this settlement along with Anywhere’s.