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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

QJ TEAM, LLC, ET AL.

v.

TEXAS ASSOCIATION OF 

REALTORS, INC., ET AL. 

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CIVIL NO. 4:23-CV-1013-SDJ

JULIE MARTIN, ET AL.

v.

TEXAS ASSOCIATION OF 

REALTORS, INC., ET AL. 

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CIVIL NO. 4:23-CV-1104-SDJ

PRELIMINARY SCHEDULING ORDER

The parties in QJ Team, LLC, et al. v. Texas Association of Realtors, Inc., et al., 

4:23-CV-1013-SDJ, (Dkt. #188), and Julie Martin, et al. v. Texas Association of 

Realtors, Inc., et al., 4:23-CV-1104-SDJ, (Dkt. #218), have made identical filings 

concerning preliminary matters. Plaintiffs QJ Team, LLC and Five Points Holdings, 

LLC (collectively, the “QJ Team Plaintiffs”), Julie Martin, Mark Adams, and Adelaida 

Matta (collectively, the “Martin Plaintiffs”), and the “Stipulating Defendants,”1 have 

1 The Stipulating Defendants are, in alphabetical order, ABA Management, L.L.C. 

d/b/a Allie Beth Allman and Associates; ATX WIR LLC; Austin Board of Realtors®; 

Austin/Central Texas Realty Information Service; Central Texas Multiple Listing Service, 

Inc.; CitiQuest Properties, Inc.; DMTX, LLC; DSJMM, LLC; Ebby Halliday Real Estate, LLC; 

Fathom Realty, LLC; Fort Hood Area Association of Realtors®, Inc.; Four Rivers Association 

of Realtors®, Inc.; Greater El Paso Association of Realtors®; Greater Fort Worth Association 

of Realtors®, Inc.; Greenwood King Properties II, Inc.; Hexagon Group, LLC; Heyl Group 

Holdings LLC; HomeServices of America, Inc.; Houston Association of Realtors®, Inc.; 

Houston Realtors® Information Service, Inc.; JP Piccinini Real Estate Services, LLC d/b/a 

JPA; Keller Williams Realty, Inc.; Keller Willis San Antonio, Inc.; Mark Anthony Dimas; 

MetroTex Association of Realtors®, Inc.; MJHM LLC; Moreland Properties, Inc.; North Texas 

Real Estate Information Systems, Inc.; PenFed Realty, LLC; Real Agent LLC; Realty Austin, 

Case 4:23-cv-01013-SDJ Document 191 Filed 01/31/24 Page 1 of 5 PageID #: 605
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reached the following stipulations:

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• The QJ Team Plaintiffs filed a Class Action Complaint (the “QJ Team Complaint”) 

in the action styled QJ Team, LLC, et al. v. Texas Association of Realtors, Inc., et 

al., Civil Action No. 4:23-cv-01013-SDJ (the “QJ Team” case) on November 13, 

2023; 

• The QJ Team Complaint includes a claim under Section 1 of the Sherman Act 

based generally on allegations that Defendants have engaged in a conspiracy to 

require sellers of residential property in Texas to make inflated payments to the 

brokers or agents representing the buyers in the transactions;

• The Defendants in the QJ Team case have not responded to the QJ Team

Complaint and the parties have not yet filed an initial status report;

• The Martin Plaintiffs filed a similar Class Action Complaint (the “Martin

Complaint”) in a separate action styled Julie Martin, et al. v. Texas Association of 

Realtors, Inc., et al., Civil Action No. 4:23-cv-01104-SDJ (the “Martin” case) on 

December 14, 2023; 

• The Martin Complaint names as defendants all of the defendants named in the 

LLC; RFT Enterprises, Inc.; San Antonio Board of Realtors®, Inc.; San Antonio Legacy Group, 

LLC; Side, Inc.; Square MB, LLC; Team Burns, LLC d/b/a Monument Realty; Temple-Belton 

Board of Realtors®, Inc.; Texas Association of Realtors®, Inc.; The Dave Perry-Miller 

Company; The Loken Group, Inc.; Turner Mangum LLC; Victoria Area Association of 

Realtors®, Inc.; and Williamson County Association of Realtors®, Inc.

2 By entering into this Stipulated Scheduling Order, no party waives, in this or any 

other action, any claims, counterclaims, defenses, affirmative defenses, rights (including 

arbitration), or arguments, whether stemming from common law, statute, or otherwise. This 

expressly includes not waiving the right to argue, now or in the future, that any such claims, 

counterclaims, defenses, affirmative defenses, or rights (including arbitration) were waived 

for any reason other than by solely entering into this Stipulated Scheduling Order.

Case 4:23-cv-01013-SDJ Document 191 Filed 01/31/24 Page 2 of 5 PageID #: 606
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QJ Team Complaint, plus an additional seventeen defendants;

• With the exception of the new plaintiffs and additional defendants included in the 

Martin Complaint, the allegations and claims in the QJ Team Complaint and the 

Martin Complaint are virtually identical;

• The Defendants in the Martin case have not responded to the Martin Complaint 

and the parties have not yet filed an initial status report;

• On December 27, 2023, the plaintiffs in two actions pending outside of this Court 

filed a motion pursuant to 28 U.S.C. §1407 (the “MDL Motion”) before the U.S. 

Judicial Panel on Multidistrict Litigation (the “Panel”) to transfer the QJ Team

case, Martin case, and other cases to the U.S. District Court for the Western 

District of Missouri for coordinated or consolidated pretrial proceedings;

• On January 8, 2024, the Clerk of the Panel issued a briefing schedule that requires 

Responses to the MDL Motion to be filed on or before January 26, 2024, and 

Replies to be filed on or before February 2, 2024;

• Counsel for the QJ Team Plaintiffs, Martin Plaintiffs, and Stipulating Defendants 

have negotiated and agreed on certain deadlines that would be incorporated into 

a stipulated scheduling order for preliminary pretrial matters in the QJ Team and 

Martin cases; and

• On January 20, 2024, the Court issued an Order in the QJ Team case [ECF 186] 

that requires the QJ Team Plaintiffs and Stipulating Defendants to finalize and 

submit a stipulated scheduling order to the Court on or before January 29, 2024.

Case 4:23-cv-01013-SDJ Document 191 Filed 01/31/24 Page 3 of 5 PageID #: 607
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The QJ Team Plaintiffs, Martin Plaintiffs, and Stipulating Defendants have

stipulated and proposed preliminary deadlines to the Court. 4:23-CV-1013-SDJ, 

(Dkt. #188 at 4); 4:23-CV-1104-SDJ, (Dkt. #218 at 4). The Court, after reviewing the 

proposed deadlines, approves the stipulation and enters this case-specific order, 

which applies to both the QJ Team case and the Martin case, and which controls the

disposition of these actions pending further order of the Court. 

It is therefore ORDERED that the following actions shall be completed in the 

QJ Team case and the Martin case by the dates indicated:

• On or before February 15, 2024, the QJ Team Plaintiffs and Martin Plaintiffs 

(collectively, the “Plaintiffs”) shall file a Motion to Consolidate the QJ Team and 

Martin cases for all purposes under 4:23-cv-01013. Defendants agree and consent 

to the filing of the Motion to Consolidate as “unopposed;” provided, they are served 

with a copy of the motion prior to filing and consent to the relief it seeks.

• On or before March 15, 2024, Plaintiffs shall file a Consolidated Amended 

Complaint (“CAC”). The CAC will not be considered Plaintiffs’ amended complaint 

“as a matter of course” under FED. R. CIV. P. 15(a)(1).

• On or before May 15, 2024, Defendants shall file any answers, motions to dismiss, 

or other responsive pleadings to the CAC.

• On or before July 15, 2024, Plaintiffs shall file any responses in opposition to any 

motions to dismiss.

• On or before August 5, 2024, Defendants shall file any replies addressing issues 

raised in Plaintiffs’ responses to the motions to dismiss.

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• On or before August 26, 2024, Plaintiffs shall file any sur-replies addressing 

issues raised in Defendants’ replies to Plaintiffs’ responses to the motions to 

dismiss. 

• If the Panel has not ruled on the MDL Motion before May 15, 2024, the Parties 

agree to confer in good faith on reasonable additional extensions of the above 

May 15, July 15, August 5, and August 26, 2024 motion and briefing deadlines.

• If necessary, following the Court’s rulings on any motions to dismiss, the Parties 

will confer in good faith on any additional pretrial deadlines and submit a 

proposed scheduling order to the Court.

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