A District of Columbia Superior Court judge has denied UDR Inc.’s request to depose the city in its ongoing RealPage Landlord suit, a high-stakes antitrust case accusing property management software giant RealPage Inc. and multiple landlords of colluding to fix rent prices across Washington, D.C.

In a detailed ruling filed Tuesday, Judge Shana F. Matini sided with the District of Columbia, concluding that UDR’s bid to compel depositions from city officials was overly broad, burdensome, and improper.

UDR’s Push Rejected as “Practically Equivalent” to Deposing Counsel

Judge Matini found that UDR’s motion to depose the city — following its earlier withdrawal of a deposition notice for an assistant attorney general — amounted to an attempt to question the city’s own legal team, rather than neutral officials.

“While UDR asserts it does not intend to depose an OAG attorney, it remains unclear which non-OAG department within the District could testify about the materials prepared by the Office of the Attorney General (OAG),” the judge wrote.

The court noted that UDR failed to identify which agency or department could supply testimony without treading into privileged information. Forcing D.C. to prepare a representative under those conditions, Judge Matini ruled, would impose an “undue burden” and risk privilege violations.

Court Upholds D.C.’s Protective Order

Judge Matini also granted D.C.’s motion for a protective order, effectively shielding city officials from deposition. She emphasized that written clarifications from the city would suffice to address UDR’s concerns about supplemental interrogatory responses.

“This seems unnecessary,” Judge Matini wrote, “if the District can provide clarification in writing.”

RealPage Rent-Fixing Allegations Continue

The District of Columbia filed the RealPage Landlord suit in November 2023, alleging that RealPage’s Revenue Management software allowed major landlords — including UDR Inc. and AvalonBay Communities Inc. — to coordinate pricing strategies and artificially inflate rents.

In September, Judge Matini also rejected AvalonBay’s motion to dismiss, allowing D.C.’s antitrust case to move forward.

Legal Teams and Representation

The District is represented by Brian L. Schwalb, Will Stephens, Adam Gitlin, Mehreen Imtiaz, and Ashley Walters from the D.C. Office of the Attorney General, alongside Emmy L. Levens and her team at Cohen Milstein Sellers & Toll PLLC.

UDR is represented by David D. Cross of Goodwin Procter LLP, while RealPage is represented by Stephen Weissman, Michael J. Perry, Jay P. Srinivasan, and others from Gibson Dunn & Crutcher LLP.