She also dismissed the exact same claims versus Kenneth Damann, the signed up agent for ROAM MLS and executive vice president of GBRAR, without bias and provided the complainants three weeks to submit an amended grievance.
In Addition, Judge Penis ruled that the state law claims will be deferred to a later date. This ruling came, as Judge Dick accepted a report and recommendation composed by Magistrate Judge Erin Wilder-Doomes earlier this month relating to a movement to dismiss for failure to mention a claim filed by the accuseds in March 2025.
In her report, Magistrate Judge wrote that regardless of the plaintiffs’ grievances that “the desirable service (MLS gain access to) is impermissibly connected to the unwanted membership in the associations, however no place do Plaintiffs explain how their required subscription in the associations hurts the consumers.”
“Plaintiffs further assert that Defendants’ policies and practices disparately affect minority customers and neighborhoods access to vital data, fair competitors in the market and market entry. Nevertheless, there is not a single fact in the Amended Complaint that demonstrates how any of Defendants’ policies particularly limit minority customers and neighborhoods,” the report states. “For that reason, Plaintiffs’ completely conclusory accusations are inadequate to mention a disparate effect claim.”
Judge Dick’s ruling comes in spite of the plaintiffs filing an objection to the magistrate judge’s report, in which they declare that the report “mischaracterizes persuasive case law,” related to their claims. The judge did not resolve this argument in her judgment.
In an emailed statement, an NAR spokesperson wrote that the organization was “delighted” that the court embraced the magistrate judge’s report.
“As we have previously stated, NAR wait the pro-competitive, pro-consumer regional broker markets, which regional associations may choose to supply as a member benefit,” the representative added. “Each local MLS sets its own requirements for determining access to the platform and for governing participants’ conduct on the platforms.”
In November of 2025, NAR revealed a series of MLS policy modifications, including enabling each MLS to set its own gain access to and subscription guidelines.
Federal judges in Illinois, Pennsylvania and Texas have previously dismissed comparable lawsuits, however there are other lawsuits related to NAR’s three-way membership agreement pending in Michigan and Maryland.