Compass, NWMLS clash over document production in antitrust suit

In response, NWMLS has filed a motion to dismiss the lawsuit, claimed that it has “no duty to deal” with Compass, and it most recently indicated that it “intends to assert counterclaims,” if the judge does not grant its motion to dismiss the suit.

Earlier this month, Compass filed a motion to compel NWMLS to produce documents. In this motion and other filings, Compass has argued that NWMLS has delayed production of documents and has failed to respond to requests since discovery began in June.

On Monday, NWMLS fired back telling the court that Compass’s motion should be denied “because there is nothing to compel,” and that the motion “amounts to a waste of judicial and party resources.” 

“NWMLS has already addressed or agreed to all of Compass’s demands. There is nothing to compel,” NWMLS attorneys wrote, noting that the organization has been producing documents since Aug. 28. “Compass’s mischaracterization of the facts and process is disappointing, at best, and an attempt to mislead the Court, at worst.”

On Wednesday, Compass filed its reply to NWMLS’s opposition, arguing that NWMLS’s filing does not contest that the MLS has had five months to respond to Compass’s discovery requests as well as Compass’s claim that NWMLS has not fully complied with its discovery obligations. 

“Rather, NWMLS’s Opposition, is an exercise in revisionist history exemplifying its efforts to obfuscate and frustrate the discovery process to date,” Compass’s filing states. 

While the filing acknowledges that since Compass filed its motion, NWMLS has made some progress, such as producing “all responsive documents except those pending the addition of new custodians recently agreed to and pending privilege review,” the brokerage plaintiff claims that these actions do not “excuse months of delay” or “fully moot” the motion. 

“Enough is enough. Having already had to extend the schedule once, Compass cannot rely on NWMLS’s unenforceable promises and is forced to ask this Court to order NWMLS to comply with its obligations,” the filing states.

 The suit’s trial date pushed from June 8, 2026, to Oct. 7, 2026, earlier this month.