Case 2:21-cv-01551-TSZ Document 163 Filed 07/01/26 Page 1 of 5 1 The Honorable Thomas S. Zilly 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 10 JEREMY JAEGER, on behalf of himself No. 2:21-cv-01551-TSZ and all others similarly situated, 11 STIPULATED MOTION TO AMEND Plaintiff, SCHEDULING ORDER 12 13 v. NOTE ON MOTION CALENDAR: July 1, 2026 14 ZILLOW GROUP, INC., et al., 15 Defendants. 16 17 Pursuant to Local Rules 7(d)(1) and 10(g), Lead Plaintiff Jeremy Jaeger, together with 18 Defendants Zillow Group, Inc., Richard Barton, Allen Parker, and Jeremy Wacksman (the 19 “Parties”), respectfully request that this Court alter certain case deadlines set in the Minute Order 20 dated February 19, 2026 (Dkt. 157). As discussed herein, good cause exists to alter the case 21 schedule. 22 The Parties stipulate as follows: 23 On February 6, 2023, the Parties submitted a Joint Status Report and Discovery Plan (Dkt. 24 106), which set forth a proposed schedule in this case. 25 On July 7, 2023, the Court issued a Minute Order setting case deadlines (Dkt. 108), which, 26 among other things, granted the Parties, sua sponte, additional time for several case 27 events/deadlines in comparison to the proposed schedule the Parties submitted to the Court. 28 STIPULATED MOTION TO AMEND SCHEDULING ORDER – 1 No. 2:21-cv-01551-TSZ 1301 Second Avenue, Suite 2000, Seattle, WA 98101 (206) 623-7292 OFFICE (206) 623-0594 FAX 011060-11/2847587 V2 Case 2:21-cv-01551-TSZ Document 163 Filed 07/01/26 Page 2 of 5 1 On December 20, 2023, the Court issued an Order Granting Stipulated Motion to Amend 2 Scheduling Order, granting the Parties’ stipulation to change certain discovery deadlines. Dkt. 112. 3 On June 5, 2024, the Court issued an Order Granting Stipulated Motion to Amend 4 Scheduling Order, granting the Parties’ stipulation to change certain discovery deadlines. Dkt. 120. 5 On September 30, 2024, the Court issued a Minute Order granting the Parties’ Stipulated Motion to Amend the Scheduling Order by four months to resolve certain production issues. 6 Dkt. 145. 7 On October 24, 2024, the Ninth Circuit granted Zillow’s 23(f) Petition (Dkt. 147) and the 8 Court entered a Minute Order on November 1, 2024, staying the case pending the resolution of 9 Zillow’s Petition (Dkt. 149). 10 On September 26, 2025, the Ninth Circuit entered its opinion affirming the certification of 11 the class. Dkt. 151. Zillow then sought a rehearing and en banc consideration, which was 12 unanimously denied in January 2026. The mandate was returned to the district court on January 13 14, 2026. Dkt. 155. 14 On February 19, 2026, the Court entered a Minute Order setting the current case schedule, 15 Dkt. 157, as reflected in the Parties’ Joint Status Report, Dkt. 156. 16 On June 2, 2026, the Court granted the Parties’ Stipulated Motion on the Approval of Class 17 Notice. Dkt. 159. 18 On June 5, 2026, Zillow filed a petition for writ of certiorari at the Supreme Court of the 19 United States. Plaintiff filed a waiver of the right of respondent to file a response soon thereafter. 20 On June 17, 2026, the Supreme Court of the United States distributed Zillow’s petition for 21 writ of certiorari for the September 28, 2026 conference. 22 On June 25, 2026, the Supreme Court of the United States requested a response from 23 Plaintiff, with a due date of July 27, 2026. The Parties agree and jointly contend that they have met all previous case deadlines and 24 have been litigating this case in a diligent and cooperative manner. Plaintiff has already taken 25 eleven depositions, with another five scheduled to take place over the summer. However, due to 26 the recent request for a response from the Supreme Court of the United States, along with some 27 28 STIPULATED MOTION TO AMEND SCHEDULING ORDER – 2 No. 2:21-cv-01551-TSZ 1301 Second Avenue, Suite 2000, Seattle, WA 98101 (206) 623-7292 OFFICE (206) 623-0594 FAX 011060-11/2847587 V2 Case 2:21-cv-01551-TSZ Document 163 Filed 07/01/26 Page 3 of 5 1 difficulties with scheduling certain Executive Defendant depositions in September and October, 2 the Parties have agreed to extend the case schedule for approximately three months. 3 The Parties have also been diligently working with the notice administrator on class notice 4 and are prepared to distribute the class notice on the July 2, 2026 deadline. However, the Parties 5 agree that postponing class notice until after the petition for writ of certiorari is resolved will minimize confusion to class members and reduce costs should the notice be amended due to any 6 developments with Zillow’s petition for writ of certiorari. 7 The Parties acknowledge that the proposed schedule continues the pre-trial and trial dates 8 originally set in the July 7, 2023 Minute Order, then amended in the December 20, 2023, June 5, 9 2024, September 30, 2024, and February 19, 2026 Minute Orders. However, as explained more 10 fully above, the Parties jointly contend that there is good cause for adjusting the pre-trial and trial 11 dates and that doing so will likely conserve litigation resources expended both by the Parties and 12 the Court. 13 Accordingly, the Parties, subject to approval of the Court, stipulate and agree that good 14 cause exists to request the following proposed case schedule modifications: 15 Event Current Deadline Proposed Deadline 16 JURY TRIAL DATE April 26, 2027 August 2, 2027 Fact Discovery Motions Cut-off July 9, 2026 October 23, 2026 17 Oppositions to any Fact Discovery July 23, 2026 November 2, 2026 Motions 18 Distribution of Class Notice July 2, 2026 November 2, 2026 19 Replies to any Fact Discovery Motions August 6, 2026 November 9, 2026 Completion of Fact Discovery August 20, 2026 November 23, 2026 20 Expert Witness Reports September 25, 2026 December 14, 2026 Exchange of Rebuttal Reports October 23, 2026 January 22, 2027 21 Exchange of Reply Reports November 6, 2026 February 5, 2027 22 Completion of Expert Discovery November 20, 2026 March 1, 2027 Deadline to File Dispositive Motions December 11, 2026 March 19, 2027 23 and Daubert Motions Oppositions to any Dispositive or January 8, 2027 April 16, 2027 24 Daubert Motions Replies to any Dispositive or Daubert January 22, 2027 April 30, 2027 25 Motions 26 27 28 STIPULATED MOTION TO AMEND SCHEDULING ORDER – 3 No. 2:21-cv-01551-TSZ 1301 Second Avenue, Suite 2000, Seattle, WA 98101 (206) 623-7292 OFFICE (206) 623-0594 FAX 011060-11/2847587 V2 Case 2:21-cv-01551-TSZ Document 163 Filed 07/01/26 Page 4 of 5 1 Event Current Deadline Proposed Deadline All motions in limine should be filed by February 12, 2027 May 21, 2027 2 3 All motions in limine shall be presented in a joint submission, which shall be 4 noted for the same day it is filed Agreed Pretrial Order due February 26, 2027 June 4, 2027 5 Trial Briefs, proposed voir dire February 26, 2027 June 4, 2027 questions, and jury instructions due 6 Pretrial Conference to be held at 10:00 April 9, 2027 July 16, 2027 7 AM on 8 IT IS SO STIPULATED. 9 DATED: July 1, 2026 10 By: /s/ Steve W. Berman By: /s/ Peter B. Morrison Steve W. Berman, WSBA No. 12536 Peter B. Morrison (admitted pro hac vice) 11 By: /s/ Catherine Y. N. Gannon Virginia F. Milstead (admitted pro hac vice) Catherine Y. N. Gannon, WSBA No. 47664 Winston Hsiao (admitted pro hac vice) 12 By: /s/ Sean R. Matt SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP Sean R. Matt, WSBA No. 21972 2000 Avenue of the Stars, Suite 200N 13 HAGENS BERMAN SOBOL SHAPIRO LLP Los Angeles, CA 90067 14 1301 Second Avenue, Suite 2000 Telephone: (213) 687-5000 Seattle, WA 98101 Peter.Morrison@skadden.com 15 Telephone: (206) 623-7292 Virginia.Milstead@skadden.com steve@hbsslaw.com Winston.Hsiao@skadden.com 16 catherineg@hbsslaw.com sean@hbsslaw.com By: /s/ Joseph E. Bringman 17 Joseph E. Bringman, WSBA No. 15236 Lucas E. Gilmore (admitted pro hac vice) ASHURST PERKINS COIE US LLP 18 HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Second Avenue, Suite 4200 19 715 Hearst Avenue, Suite 202 Seattle, Washington 98101-3804 Berkeley, CA 94710 joe.bringman@ashurstperkins.com 20 Telephone: (510) 725-3000 lucasg@hbsslaw.com Attorneys for Defendants 21 Zillow Group, Inc., Richard Barton, 22 Raffi Melanson (admitted pro hac vice) Allen Parker, and Jeremy Wacksman HAGENS BERMAN SOBOL SHAPIRO LLP 23 1 Faneuil Hall Sq., 5th Floor Boston, MA 02109 24 Telephone: (617) 482-3700 raffim@hbsslaw.com 25 26 Lead Counsel for Lead Plaintiff Jaeger 27 28 STIPULATED MOTION TO AMEND SCHEDULING ORDER – 4 No. 2:21-cv-01551-TSZ 1301 Second Avenue, Suite 2000, Seattle, WA 98101 (206) 623-7292 OFFICE (206) 623-0594 FAX 011060-11/2847587 V2 Case 2:21-cv-01551-TSZ Document 163 Filed 07/01/26 Page 5 of 5 1 Stacey M. Kaplan (admitted pro hac vice) KESSLER TOPAZ MELTZER 2 & CHECK, LLP One Sansome Street, Suite 1850 3 San Francisco, CA 94104 Telephone: (415) 400-3000 4 skaplan@ktmc.com 5 Gregory M. Castaldo (admitted pro hac vice) 6 Evan R. Hoey (admitted pro hac vice) KESSLER TOPAZ MELTZER 7 & CHECK, LLP 280 King of Prussia Road 8 Radnor, PA 19087 Telephone: (610) 667-7706 9 gcastaldo@ktmc.com ehoey@ktmc.com 10 11 Additional Counsel for Lead Plaintiff Jaeger 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION TO AMEND SCHEDULING ORDER – 5 No. 2:21-cv-01551-TSZ 1301 Second Avenue, Suite 2000, Seattle, WA 98101 (206) 623-7292 OFFICE (206) 623-0594 FAX 011060-11/2847587 V2