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.

Related