Z
illow alleges harassment in a filing that also reveals it had offered Compass a “broader national partnership” before announcing its private‑listing ban. The central dispute now is whether Compass can depose Zillow co‑founder Lloyd Frink during its ongoing litigation.
In a September 12 motion to U.S. District Judge Jeannette A. Vargas, Zillow requested that portions of case filings be redacted to protect its competitive interests. The motion cites a confidential document titled “Post Clear Cooperation Strategy,” which contains Zillow’s detailed response plans for various business scenarios. Zillow also seeks to seal documents that discuss its relationships with other industry participants and third‑party negotiators. Compass has not objected to these redactions.
Deposit excerpts show that Zillow and Compass executives met on April 1—just days before Zillow announced the private‑listing ban—at the behest of Compass CEO Robert Reffkin. Zillow’s Chief Industry Development Officer Errol Samuelson testified on August 28 that Frink’s attendance was meant to demonstrate Zillow’s seriousness about finding a solution and to encourage Compass to support listing transparency. Samuelson also claimed Zillow was already benefiting Compass and could do more to help it grow. Additional details from Samuelson’s deposition were later redacted. CFO Jeremy Hofmann, in an August 29 deposition, noted that Zillow sought a “broader national partnership” with Compass in exchange for more MLS listings.
The September 12 filing also asks the court to decide whether Compass may depose Frink for four hours on September 24. Compass argues that Frink possesses unique, critical information that no other witness can provide, particularly regarding Zillow’s economic and strategic incentives behind its Listing Access Standards. Compass contends Frink was integral to Zillow’s negotiations with the brokerage. Zillow counters that Compass has not shown Frink’s information is relevant to its preliminary injunction motion and points out that three Zillow executives present at the April 1 meeting have already been deposed and continue to engage with Compass. Zillow claims the attempt to depose Frink is unnecessary and exposes Compass’s intent to harass Zillow by targeting another senior executive.
