Earlier this month, Compass filed a motion to compel NWMLS to produce documents. In this motion and other documents, Compass has argued that NWMLS has delayed production of documents and failed to respond to requests since discovery began in June.
On Monday, the NWMLS fired back, telling the court that Compass’ motion should be denied “because there is nothing enforceable,” and that the motion “represents a waste of judicial and party resources.”
“NWMLS has already responded to or agreed to all of Compass’s demands. There is nothing enforceable,” NWMLS attorneys wrote, noting that the organization has been producing documents since August 28. “Compass’s mischaracterization of the facts and process is at best disappointing, and at worst an attempt to mislead the Court.”
On Wednesday, Compass filed its response to NWMLS’s opposition, arguing that NWMLS’s filing does not dispute that the MLS 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 obscure and frustrate the discovery process to date,” the Compass document said.
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 review of privileges,” the brokerage plaintiff claims these actions do not “excuse months of delay” or “fully contest” the motion.
“Enough is enough. Because Compass has already had to extend the schedule once, it cannot rely on NWMLS’s unenforceable promises and is forced to ask this court to order NWMLS to meet its obligations,” the filing said.
The trial date of the lawsuit was moved from June 8, 2026 to October 7, 2026, earlier this month.
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