In response, NWMLS filed a motion to dismiss the lawsuit, stating that it “has no duty to deal” with Compass and most recently indicated that it “intends to assert counterclaims” if the judge does not grant its motion to dismiss the lawsuit.
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 producing documents and failed to respond to requests since discovery began in June.
On Monday, NWMLS responded by telling the court that Compass’ motion should be denied “because there is nothing to compel” and that the motion “amounts to a waste of judicial and partisan resources.”
“NWMLS has already addressed or accepted all of Compass’ demands. There is nothing to bind,” NWMLS attorneys wrote, noting that the organization has been producing documents since August 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 response to NWMLS’s opposition, arguing that NWMLS’s filing does not challenge that MLS has had five months to respond to Compass’ discovery requests, as well as Compass’ claim that NWMLS has not fully complied with its discovery obligations.
“Rather, NWMLS’s opposition is an exercise in revisionist history that exemplifies its efforts to obfuscate and thwart the discovery process to date,” Compass’ 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 recently agreed upon new custodians and pending privilege review,” the brokerage plaintiff asserts that these actions do not “excuse months of delay” nor “fully moot” the motion.
“Enough is enough. Having 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 meet its obligations,” the filing states.
The lawsuit’s trial date was moved from June 8, 2026 to October 7, 2026, earlier this month.
