"The filing includes excerpts of depositions, through which we learn that Compass and Zillow executives met on April 1, a little over a week before Zillow announced its policy. The meeting was requested by Compass CEO Robert Reffkin. According to the deposition of Zillow's chief industry development officer Errol Samuelson, conducted at the end of August, Frink attended this meeting and his presence was meant to demonstrate to Compass how serious [Zillow was] about trying to find a solution."
"However, Zillow argues that Compass has already deposed three executives who attended the April 1 meeting, and that the brokerage has not shown that Frink possesses information related to Compass's motion for a preliminary injunction. The filing notes that unlike other Zillow executives, Frink has not been involved in continued negotiations and discussions with Compass. Zillow contends that deposing Frink is unnecessary and Compass's desire to do so lays bare the plaintiff's apparent effort to harass Zillow by deposing yet another senior executive."
"According to Zillow, if some of the information is publicly available, it could cause Zillow competitive harm. If the court grants this request, part of a document titled Post Clear Cooperation Strategy, which Zillow claims contains its detailed and confidential response strategy for several possible business scenarios, would be redacted. The motion adds that Compass is not opposed to this request."
Executives from Compass and Zillow met on April 1, shortly before Zillow announced a new policy, with Compass CEO Robert Reffkin requesting the meeting. Zillow's Errol Samuelson testified that Frink attended to show Zillow's seriousness about finding a solution and to encourage Compass to support listing transparency. Zillow's CFO Jeremy Hofmann said Zillow sought a broader national partnership with Compass. Compass contends Frink was integral to negotiations, while Zillow says Compass already deposed three attendees and has not shown Frink holds relevant information. Zillow argues deposing Frink is unnecessary and seeks redactions and sealing of documents containing confidential response strategy; Compass does not oppose certain redactions.
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