Commonwealth of Massachusetts v. Credit Acceptance Corporation
State Civil Lawsuit Suffolk County Superior Court, Case No. 2084CV01954

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Last Updated August 31, 2020 at 6:43 PM DT (7.5 months ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Commonwealth of Massachusetts, Plaintiff
v.
Credit Acceptance Corporation Credit Acceptance Corporation, Defendant
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Blank 55 Filed: 4/8/2021, Entered: None
Attorney appearance On this date Anand S Raman added for Defendant Credit Acceptance Corporation
    Legal Document 54 Filed: 4/7/2021, Entered: None
    ORDER: stipulated protective order (dated 4/05/21) notice sent 4/07/21
      Legal Document 53 Filed: 4/7/2021, Entered: None
      Endorsement on Motion for Entry of a Stipulated Protective Order (#30.0): ALLOWED see order. (dated 4/05/21) notice sent 4/07/21
        Legal Document 52 Filed: 4/7/2021, Entered: None
        Party(s) file Stipulation IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the undersigned parties, that Defendant Credit Acceptance Corporation's time to file and serve an Answer to the Complaint is extended until April 22, 2021. Applies To: Commonwealth of Massachusetts (Plaintiff); Credit Acceptance Corporation (Defendant)
          Legal Document 51 Filed: 4/2/2021, Entered: None
          Plaintiff, Defendant Commonwealth of Massachusetts, Credit Acceptance Corporation's Joint Motion for Entry of a Stipulated Protective Order
            Legal Document 50 Filed: 3/24/2021, Entered: None
            Party(s) file Stipulation IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the undersigned parties, that Defendant Credit Acceptance Corporation's time to file and serve an Answer to the Complaint is extended until April 8, 2021. Applies To: Commonwealth of Massachusetts (Plaintiff); Credit Acceptance Corporation (Defendant)
              Legal Document 49 Filed: 3/17/2021, Entered: None Court Filing
              MEMORANDUM & ORDER: on partial cross-motions to dismiss and for summary judgment. (dated 3/15/21) notice sent 3/17/21 Judge: Salinger, Hon. Kenneth W
                Blank 48 Filed: 3/17/2021, Entered: None
                Endorsement on Motion to strike the affidavit of Allan Schwart (#26.0): DENIED as moot. (dated 3/10/21) notice sent 3/17/21
                  Blank 47 Filed: 3/17/2021, Entered: None
                  Endorsement on Motion for partial summary judgment on Counts 2, 3, and 4. (#25.0): ALLOWED, DENIED in part as to counts three and four, as to liability only. DENIED in part as to count two. see memorandum and order (dated 3/15/21) notice sent 3/17/21
                    Blank 46 Filed: 3/17/2021, Entered: None
                    Endorsement on Motion to dismiss Counts IV, V, VI and VII of the Complaint (#24.0): DENIED see memorandum and order (dated 3/15/21) notice sent 3/17/21
                      Blank 45 Filed: 2/8/2021, Entered: None
                      Docket Note: Court Received Appendix of Authorities Cited in all Memoranda of law Submitted in Connection with i) Defendant Credit Acceptance Corporation's Motion to Dismiss Counts IV, V, VI and VII of the Complaint; ii) Plaintiff Commonwealth of Massachusetts' Motion for Partial Summary Judgment on Counts 2,3, and 4; and iii) Defendant Credit Acceptance Corporation's Motion to Strike the Affidavit of Allan Schwartz (VOLUMES 1-5)
                        Legal Document 44 Filed: 2/5/2021, Entered: 2/5/2021
                        Defendant Credit Acceptance Corporation's Supplemental, Declaration of Sarah Abraham PhD
                          Legal Document 43 Filed: 2/5/2021, Entered: 2/5/2021
                          Defendant Credit Acceptance Corporation's Motion to Strike the Affidavit Alan Schwartz (with opposition and reply)
                            Legal Document 42 Filed: 2/5/2021, Entered: 2/5/2021
                            Plaintiff Commonwealth of Massachusetts's Motion for Partial Summary Judgment on Counts 2, 3 and 4 (with opposition and reply)
                              Legal Document 41 Filed: 2/5/2021, Entered: 2/5/2021
                              Defendant Credit Acceptance Corporation's Motion to Dismiss Counts IV, V, VI and VII of the Complaint (with opposition and reply)
                                Blank 40 Filed: 1/25/2021, Entered: 1/25/2021
                                Plaintiff, Defendant Commonwealth of Massachusetts, Credit Acceptance Corporation's Motion for leave to file excess pages in connection with the Commonwealth's motion for partial summary judgment. motion ALLOWED. (dated 1/20/21) notice sent 1/25/21
                                  Blank 39 Filed: 1/25/2021, Entered: 1/25/2021
                                  Plaintiff, Defendant Commonwealth of Massachusetts, Credit Acceptance Corporation's Joint Motion for leave to file excess pages in connection with the Commonwealth's motion for partial summary judgment. motion ALLOWED (dated 1/15/21) notice sent 1/25/21
                                    Blank 38 Filed: 1/21/2021, Entered: 1/21/2021
                                    Endorsement on Motion to to extend briefing schedule on the Commonwealth of Massachusetts' partial motion for summary judgment (#21.0): ALLOWED (date 1/11/21) Allowed, the parties shall file their complete motion package with the session clerk on February 5, 2021 Notice 1/19/21
                                      Blank 37 Filed: 1/6/2021, Entered: 1/6/2021
                                      Plaintiff, Defendant Commonwealth of Massachusetts, Credit Acceptance Corporation's Joint Motion to extend briefing schedule on the Commonwealth of Massachusetts' partial motion for summary judgment
                                        Blank 36 Filed: 11/17/2020, Entered: 11/17/2020
                                        Endorsement on Submission of joint report and proposed agenda (#19.0): Other action taken (date 11/9/20) Court will be permit partially disposition motion by both sides. Tracking order to be discussed at hearing on these motions in February 2021 notice 11/16/20
                                          Blank 35 Filed: 11/16/2020, Entered: 11/16/2020
                                          Defendant's Notice of intent to file motion To Dismiss Applies To: Credit Acceptance Corporation (Defendant); Carroll, Esq., James Richard (Attorney) on behalf of Credit Acceptance Corporation (Defendant)
                                            Blank 34 Filed: 11/9/2020, Entered: 11/9/2020
                                            The following form was generated: Notice to Appear - BLS Sent On: 11/09/2020 13:58:58 Notice Sent To: Glenn Stuart Kaplan, Esq. Office of the Attorney General One Ashburton Place, Boston, MA 02108 Notice Sent To: Diana Kate Hooley, Esq. Office of the Attorney General One Ashburton Place 18th Floor, Boston, MA 02108 Notice Sent To: James Richard Carroll, Esq. Skadden Arps Slate Meagher & Flom 500 Boylston St, Boston, MA 02116
                                              Blank 33 Filed: 11/9/2020, Entered: 11/9/2020
                                              The following form was generated: Notice to Appear Sent On: 11/09/2020 13:56:50 Notice Sent To: Glenn Stuart Kaplan, Esq. Office of the Attorney General One Ashburton Place, Boston, MA 02108 Notice Sent To: Diana Kate Hooley, Esq. Office of the Attorney General One Ashburton Place 18th Floor, Boston, MA 02108 Notice Sent To: James Richard Carroll, Esq. Skadden Arps Slate Meagher & Flom 500 Boylston St, Boston, MA 02116
                                                Blank 32 Filed: 11/9/2020, Entered: 11/9/2020
                                                Event Result:: BLS Rule 16 Litigation Control Conference scheduled on: 11/09/2020 12:30 PM Has been: Held as Scheduled Hon. Janet L Sanders, Presiding
                                                  Blank 31 Filed: 11/6/2020, Entered: 11/6/2020
                                                  Plaintiff, Defendant Commonwealth of Massachusetts, Credit Acceptance Corporation's Submission of joint report and proposed agenda
                                                    Blank 30 Filed: 10/26/2020, Entered: 10/26/2020
                                                    Party(s) file Stipulation Extending time for Defendant to Answer, Move or otherwise Respond to at Least Rule 16 Conference 11/9/20 Applies To: Commonwealth of Massachusetts (Plaintiff); Credit Acceptance Corporation (Defendant)
                                                      Blank 29 Filed: 10/26/2020, Entered: 10/26/2020
                                                      Notice of docket entry received from Appeals Court Please take note that, with respect to the Petition pursuant to URIP Rule 12 filed for Commonwealth of Massachusetts by Attorney Diana Hooley. (Paper #1), on October 26, 2020, the following order was entered on the docket of the above-referenced case: RE#1: After careful review of the record before me, including, inter alia, the petition and supporting memorandum, response, and record appendices, as well as applicable rules on impoundment procedure and case law, I discern no abuse of discretion or error of law in the Superior Court judge's order of impoundment. See Boston Herald, Inc. v. Sharpe, 432 Mass. 593, 601-602 (2000). The presumption of public access analysis raised in the plaintiff's petition is apparent in the judge's determination of "good cause," which necessarily involves balancing competing interests. Commonwealth v. Silva, 448 Mass. 701, 707 (2007), quoting Republican Co. v. Appeals Court, 442 Mass. 218, 223 n.8 (2004) ("The 'good cause' analysis of rule 7 of the Uniform Rules on Impoundment Procedure 'require[s] a judge to take into account essentially the same factors as required by the First Amendment: the competing rights of the parties and alternatives to impoundment'" [quotation omitted]). The parties' dispute regarding the particular and likely harm the defendant may face if the limited information in the few identified paragraphs and one exhibit are not impounded relies on competing affidavits and legal memoranda, as well as arguments raised at the impoundment hearing. The record does not show that the judge erred in weighing the facts presented to her and concluding that there was good cause to impound "competitively sensitive information" -- i.e., information that could be used by competitors to harm the defendant's standing in the market -- and information that, if disclosed, could permit dealers to conceal misconduct from the defendant's internal auditors. White v. Hartigan, 464 Mass. 400, 414 (2013), quoting New England Canteen Serv. Inc. v. Ashley, 372 Mass. 671, 675 (1977) ("A finding of fact by the trial judge will not be deemed 'clearly erroneous' unless the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed"). Indeed, the impoundment order takes a tailored approach to protecting the defendant's confidential information by limiting the impoundment to the particular information that poses the greatest competitive risk to the defendant, while permitting public access to the salient allegations of the complaint. Further, there is ample support in the record that each of the Rule 7(b) factors, which the judge enumerated in her order, were properly considered. The Commonwealth does not point to, nor am I aware of, any legal authority requiring the judge to set forth in exacting detail her analysis of each Rule 7(b) factor in the impoundment order itself. See Rule 8(b) of the Uniform Rules on Impoundment Procedure (2015). Accordingly, the request for relief is denied. (Wendlandt, J.) Notice/attest/Cannone, J.
                                                        Blank 28 Filed: 10/14/2020, Entered: 10/14/2020
                                                        The following form was generated: Notice to Appear - BLS Sent On: 10/14/2020 14:28:23 Notice Sent To: Glenn Stuart Kaplan, Esq. Office of the Attorney General One Ashburton Place, Boston, MA 02108 Notice Sent To: Diana Kate Hooley, Esq. Office of the Attorney General One Ashburton Place 18th Floor, Boston, MA 02108 Notice Sent To: James Richard Carroll, Esq. Skadden Arps Slate Meagher & Flom 500 Boylston St, Boston, MA 02116
                                                          Blank 27 Filed: 10/9/2020, Entered: 10/9/2020
                                                          Plaintiff Commonwealth of Massachusetts's Notice to Clerk of Impounded Materials (See Order of Impoundment P#3) Dated: September 9, 2020
                                                            Blank 26 Filed: 10/2/2020, Entered: 10/2/2020
                                                            Civil action cover sheet filed. Returned re: BLS (n/a)
                                                              Blank 25 Filed: 9/24/2020, Entered: 9/24/2020
                                                              Party(s) file Stipulation, Agreement Applies To: Carroll, Esq., James Richard (Attorney) on behalf of Credit Acceptance Corporation (Defendant); Hooley, Esq., Diana Kate (Attorney) on behalf of Commonwealth of Massachusetts (Plaintiff)
                                                                Blank 24 Filed: 9/14/2020, Entered: 9/14/2020
                                                                Civil action cover sheet mailed re: BLS2
                                                                  Blank 23 Filed: 9/14/2020, Entered: 9/14/2020
                                                                  Endorsement on Motion to Impound Limited Portions of the Complaint (#3.0): ALLOWED (date 9/9/20) After hearing and reviewing the pleadings motion to impound is ALLOWED. Defendants is to file with the clerks office forthwith, a clean copy of complaint with relations consisted with an attached order Notice 9/9/20
                                                                    Blank 22 Filed: 9/14/2020, Entered: 9/14/2020
                                                                    Service Returned for Defendant Credit Acceptance Corporation: Service accepted by counsel through email Patrick.rideout@skadden.coml;
                                                                      Blank 21 Filed: 9/11/2020, Entered: 9/11/2020
                                                                      General correspondence regarding notice of acceptance into Business Litigation Session case assigned to BLS2; (dated 9/9/20) notice sent 9/11/20
                                                                        Blank 20 Filed: 9/11/2020, Entered: 9/11/2020 Court Filing
                                                                        Endorsement on Motion for Transfer to the Business Litigation Session (Unopposed) (#9.0): ALLOWED after consideration with Judge Sanders, J. (dated 9/9/20) notice sent 9/11/20
                                                                          Blank 19 Filed: 9/9/2020, Entered: 9/9/2020
                                                                          ORDER: Order Granting Defendant Credit Acceptance Corporations' Emergency Motion to Impound Limited Portions of the Complaint (see P#12 for order) (dated 9/9/20) notice sent 9/9/20
                                                                            Blank 18 Filed: 9/9/2020, Entered: 9/9/2020
                                                                            Endorsement on Motion to Impound Limited Portions of the Complaint (#3.0): ALLOWED After hearing and review of the pleadings, motion to impound is ALLOWED. Defendant is to file with the clerk's office forthwith, a clean copy of the complaint with redactions consistent with the attached order (dated 9/9/20) notice sent 9/9/20
                                                                              Blank 17 Filed: 9/9/2020, Entered: 9/9/2020
                                                                              Endorsement on Motion for Admission Pro Hac Vice (#10.0): ALLOWED (dated 9/9/20) notice sent 9/9/20
                                                                                Blank 16 Filed: 9/9/2020, Entered: 9/9/2020
                                                                                Matter taken under advisement: Motion Hearing scheduled on: 09/09/2020 11:15 AM Has been: Held - Under advisement Hon. Beverly J Cannone, Presiding Staff: Steven J Masse, Assistant Clerk Magistrate
                                                                                  Blank 15 Filed: 9/8/2020, Entered: 9/8/2020
                                                                                  Credit Acceptance Corporation's Reply Memorandum in support of of its Emergency Motion to Impound Limited Portions of the Complaint
                                                                                    Blank 14 Filed: 9/8/2020, Entered: 9/8/2020
                                                                                    James Richard Carroll, Esq.'s Assented to MOTION to admit counsel pro hac vice: Anand S. Raman and Patrick G. Rideout for Credit Acceptance Corporation
                                                                                      Blank 13 Filed: 9/8/2020, Entered: 9/8/2020
                                                                                      Defendant Credit Acceptance Corporation's Motion for Transfer to the Business Litigation Session (Unopposed)
                                                                                        Blank 12 Filed: 9/4/2020, Entered: 9/4/2020
                                                                                        Affidavit of Allan Schwartz in Opposition to Defendant Credit Acceptance Corporation's Emergency Motion to Impound Portions of the Complaint
                                                                                          Blank 11 Filed: 9/4/2020, Entered: 9/4/2020
                                                                                          Commonwealth of Massachusetts's Memorandum in opposition to Defendant's Motion to Impound Portions of the Complaint
                                                                                            Blank 10 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                            Corporate Disclosure Statement filed by Defendant Credit Acceptance Corporation
                                                                                              Blank 9 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                              Attorney appearance On this date James Richard Carroll, Esq. added for Defendant Credit Acceptance Corporation
                                                                                                Blank 8 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                                Defendant Credit Acceptance Corporation's Declaration of Arthur L. Smith in Support of Defendant Credit Acceptance's Emergency Motion to Impound Limited Portions of the Complaint
                                                                                                  Legal Document 7 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                                  Defendant Credit Acceptance Corporation's Declaration of James R. Carroll in Support of Defendant Credit Acceptance Corporation's Emergency Motion to Impound Limited Portions of the Complaint
                                                                                                    Legal Document 6 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                                    Defendant Credit Acceptance Corporation's EMERGENCY Motion to Impound Limited Portions of the Complaint
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                                                                                                      Blank 5 Filed: 9/2/2020, Entered: 9/2/2020
                                                                                                      The following form was generated: Notice to Appear Sent On: 09/02/2020 15:18:14 Notice Sent To: Glenn Stuart Kaplan, Esq. Office of the Attorney General One Ashburton Place, Boston, MA 02108 Notice Sent To: Diana Kate Hooley, Esq. Office of the Attorney General One Ashburton Place 18th Floor, Boston, MA 02108 Notice Sent To: Credit Acceptance Corporation No addresses available
                                                                                                        Blank 4 Filed: 8/28/2020, Entered: 8/28/2020
                                                                                                        Case assigned to: DCM Track A - Average was added on 08/28/2020
                                                                                                          Blank 3 Filed: 8/28/2020, Entered: 8/28/2020
                                                                                                          Attorney appearance On this date Diana Kate Hooley, Esq. added for Plaintiff Commonwealth of Massachusetts
                                                                                                            Legal Document 2 Filed: 8/28/2020, Entered: 8/28/2020
                                                                                                            Civil action cover sheet filed. (TRK)
                                                                                                              Legal Document 1 Filed: 8/28/2020, Entered: 8/28/2020
                                                                                                              Original civil complaint filed.

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