The plaintiffs in the Burton copycat commission lawsuit in South Carolina have filed an appeal that asks the Eighth Circuit Court of Appeals to examine Judge Stephen Bough’s final approval of the Anywhere, RE/MAX and Keller Williams commission lawsuit settlement agreements.
The appeal was filed on Monday by attorneys at Knie & Shealy on behalf of Benny D. Cheatham, Robert Douglass, Douglas Fender and Dena Fender.
At the center of the appeal is Bough’s denial of the Burton suit plaintiffs’ motion to alter or amend the order granting final approval to the brokerage defendants’ settlement agreements. Prior to the final approval hearing date, the objectors had requested that the court rule on their motion for discovery of Keller Williams’ financial data.
“The Court finds that the Objectors not only moved for discovery after the deadline for objections had passed, but courts are unanimous that objectors are generally not entitled to discovery. For these reasons, the Objectors’ request for discovery of Keller Williams financial data is denied,” Bough wrote in his ruling in early June.
The Burton plaintiffs had their arguments heard at the final approval hearing for the settlement agreements. In mid-April, attorneys for the objectors asked the court for permission to subpoena financial documents from Keller Williams “for the purpose of evaluating the objectors’ positions regarding any continuing objection and further to help provide the court with valuable evidence in ruling on whether to grant final approval of the proposed settlement entered into by and between Keller Williams Realty, Inc., and the Plaintiffs.”
James Mullis, a homebuyer plaintiff in the Batton suit, and Spring Way Center, the original lead plaintiff in the Pennsylvania copycat suit, filed appeals of Bough’s ruling on the settlement agreements in June.
Anywhere, RE/MAX and Keller Williams did not return a request for comment on the latest appeal.
