Masiello plaintiff, Realty ONE Group seek to dismiss the brokerage from commission lawsuit

The Masiello copycat commission lawsuit plaintiff and Realty ONE Group Arizona have filed a joint motion to dismiss the brokerage defendant from the suit with prejudice. The motion was filed on Thursday in U.S. District Court in Phoenix.

According to the motion, the desire to dismiss the suit comes from Realty ONE Group’s settlement in the Gibson suit, which was granted final approval in late October.

Due to the approval of the settlement, the parties claim that “there are no actionable claims pending against Realty One Group Arizona in this case, and therefore Realty One Group Arizona should be dismissed from this action with prejudice.”

Originally filed in early January 2024, the Masiello case was one the roughly two dozen copycat commission lawsuits filed in the months following the jury verdict in the Sitzer/Burnett suit.

The defendants initially named in the suit include Arizona Association of Realtors, Phoenix Association of Realtors, Scottsdale Area Association of Realtors, and West and Southeast Realtors of the Valley Incorporated. Additionally, several local and national brokerage firms — including HomeSmart, My Home Group, West USA Realty, Hague Partners Holdings, Realty Executives, Arizona Best Real Estate, North & Co., Silverleaf Realty, Walt Danley Local Luxury, Christie’s International Real Estate, The Brokery, Roy H Long Realty Co. and Tierra Antigua Realty.

Realty ONE Group announced its proposed settlement in April 2024.