Case: Coleman v. General Motors Acceptance Corp.

3:98-cv-00211 | U.S. District Court for the Middle District of Tennessee

Filed Date: March 9, 1998

Closed Date: 2007

Clearinghouse coding complete

Case Summary

In 1998, a car buyer complaining about the terms of her car loan brought this case as a proposed class-action lawsuit against General Motors Acceptance Corporation (GMAC) in the U.S. District Court for the Middle District of Tennessee. The plaintiff alleged that GMAC violated the Equal Credit Opportunity Act (ECOA) by charging African-American consumers higher finance charge markups in its retail credit pricing system than it charged white consumers. The plaintiff sought injunctive relief and c…

In 1998, a car buyer complaining about the terms of her car loan brought this case as a proposed class-action lawsuit against General Motors Acceptance Corporation (GMAC) in the U.S. District Court for the Middle District of Tennessee. The plaintiff alleged that GMAC violated the Equal Credit Opportunity Act (ECOA) by charging African-American consumers higher finance charge markups in its retail credit pricing system than it charged white consumers. The plaintiff sought injunctive relief and compensatory damages. Since this case predates PACER, the Judge’s orders unrelated to the appeal of the class action certification are unavailable. Any information about Judge Trauger’s reasoning as to those orders was provided by the docket.

The plaintiff originally entered into a retail contract to purchase a vehicle in 1995, with Beaman Automotive Group and GMAC subsequently purchased her contract. Under GMAC’s pricing system, the plaintiff qualified for a buy rate of 18.25%, but Beaman had discretion under the Finance Charge Markup Policy to increase her interest rate. Therefore, the plaintiff ended up paying GMAC a 20.75% interest rate on her contract. Because of Beaman’s involvement in the policy and her individual contract, on June 19, 1998 the plaintiff amended her complaint to add Beaman Automotive as a defendant in the case. After this amendment, defendant, GMAC, filed a motion to dismiss the claim on August 25, 1998. This motion to dismiss, as well as Beaman’s motion for judgment on the pleadings were denied in part and granted in part by Judge Todd Campbell.

Shortly before the plaintiff announced her intention to file a motion for class certification, on March 30, 1999, the case was transferred to Judge Aleta Trauger.

On November 19, 1999 the plaintiff filed a motion for class certification, with the proposed class defined as “[a]ll African American consumers who obtained financing through GMAC in Tennessee pursuant to GMAC’s ‘Retail Plan—Without Recourse’ between May 10, 1989 and the date of judgment and who were charged a finance charge markup greater than the average finance charge markup charged white consumers.” Judge Aleta Trauger granted class certification on August 28, 2000.

The defendant challenged the certification of the proposed class, arguing the proposed class was over inclusive—it covered too long of a time period and too many tier ratings—and therefore, the plaintiff’s claim of her markup would not be typical of the other proposed plaintiffs. Judge Trauger denied the defendant’s challenge. She concluded that it was not a requirement for class action status that every proposed class action member’s claim occur in the same way, but rather that the claim arise from the same practice or course of conduct. The lead plaintiff and the class members all claimed their injury arose from GMAC’s policy to make racially discriminatory finance charge mark-ups, which was sufficient for class certification, Judge Trauger found. There were over 10,000 people with the same claims; Trauger certified the proposed class as a 23(b)(2) class. 196 F.R.D. 315.

In the same opinion, Judge Truager ruled on defendant GMAC’s May 4th motion for summary judgment. Judge Trauger granted the motion as to the plaintiffs’ claim to hold GMAC vicariously liable for defendant Beaman’s Equal Credit Opportunity Act (ECOA) violations through the use of the Federal Trade Commission’s Holder in Due Course Rule. Judge Trauger held that this Rule required the plaintiff to establish that GMAC “knew or had reasonable notice” of Beaman’s credit practices that violated the ECOA in order to hold GMAC liable. Judge Trauger denied summary judgment as to all other claims. 196 F.R.D. 315.

The defendant GMAC filed an interlocutory appeal of Judge Trauger’s grant of class certification; the Sixth Circuit Court of Appeals granted immediate review on November 6, 2000. The defendant GMAC also filed a motion to stay District Court proceedings until the resolution of the 6th Circuit Court of Appeals interlocutory appeal, but Judge Trauger denied the motion to stay on September 15, 2000.

The Court of Appeals reversed Judge Trauger’s District Court decision on class certification on July 24, 2002 for abuse of discretion. The Sixth Circuit held that Judge Trauger erred in certifying the proposed class under 23(b)(2) because “compensatory damages under the ECOA are not recoverable by a 23(b)(2) class.” 296 F.3d 443.

Meanwhile, a similar case in the Middle District of Tennessee, Cason v. Nissan Motor Acceptance Corp, that involved discriminatory lending practices, was set to go to trial on February 3, 2003. On November 4, 2002 the plaintiff filed a motion to stay court proceedings pending a final resolution of this case. Judge Trauger granted the plaintiff’s motion on November 27, 2002. The case settled prior to trial, and Judge Traueger vacated the stay on April 9, 2003.

Prior to the stay of proceedings, the plaintiffs filed a seventh amended class action complaint on September 17, 2007. Shortly after the District Court proceedings resumed, defendant GMAC filed a motion to be dismissed from this complaint on May 19, 2003. This motion to dismiss was granted in part by Judge Trauger on August 21, 2003. At this time the plaintiffs’ claims seeking to hold GMAC vicariously liable under the non-delegable duty doctrine were dismissed.

The case was beginning to come to a resolution on June 2, 2003 when American Financial, A B C, Bill Heard Chevrolet, and New York Times Co. were all terminated as defendants in the case. At this time, the plaintiffs and the defendant Beaman Automotive filed a stipulation of dismissal and all of the plaintiffs’ claims against Beaman were dismissed. GMAC was the only remaining defendant in the case.

Since the plaintiffs’ original motion for class certification was denied on appeal and remanded to the District Court, the plaintiffs filed another motion for national class certification on October 15, 2003. Judge Trauger granted this motion on January 14, 2004 as a 23(b)(2) class because plaintiffs were only seeking injunctive and declaratory relief, not damages. However, Judge Trauger altered the proposed class definition to “all black consumers who obtained non-recourse financing from GMAC in the US pursuant to GMAN’s ‘Retail Plan-Without Recourse’ between 5/10/89 and the date of judgment; excluding black consumers who obtained such financing under special rate contracts for which markup is prohibited, pursuant one of General Motors Corporation’s or GMAC’s Special Rate Programs.” 220 F.R.D. 64.

On February 18, 2004 Judge Trauger granted preliminary approval of the parties proposed settlement, and the plaintiffs filed an 8th amended complaint.

On March 29, 2004, after a fairness hearing on March 8, the settlement was approved by Judge Trauger, and the plaintiffs withdrew and dismissed the claims concerning the special rate programs.

In this final order on March 29, Judge Trauger granted the settlement. Within the terms of the settlement, the plaintiffs agreed to dismiss the suit with prejudice. GMAC agreed to include an APR disclosure in each contract form, to limit the difference between the APR and buy rate, to contribute $1.6 million to a consumer education program on credit financing, and to launch a diversity marketing initiative.

The court approved the class representatives and counsel’s requests for attorney fees in the amount of $9 million and reimbursement of litigation expenses in the amount of $508,989.78. The case was dismissed with prejudice.

The settlement agreement lasted 3 years, ending in 2007. This case is now closed.

Summary Authors

Mackenzie Walz (2/15/2018)

People


Judge(s)

Gilman, Ronald Lee (Tennessee)

Griffin, Juliet E. (Tennessee)

Norris, Alan Eugene (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Berger, Daniel L. (New York)

Gilmore, Wyman O. Jr. (Alabama)

Guggenheimer, Leah (New York)

Klein, Gary E. (Massachusetts)

Lesser, Seth R. (New York)

Judge(s)

Gilman, Ronald Lee (Tennessee)

Griffin, Juliet E. (Tennessee)

Norris, Alan Eugene (Ohio)

Siler, Eugene Edward Jr. (Kentucky)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Berger, Daniel L. (New York)

Gilmore, Wyman O. Jr. (Alabama)

Guggenheimer, Leah (New York)

Klein, Gary E. (Massachusetts)

Lesser, Seth R. (New York)

Rossman, Stuart T. (Massachusetts)

Stewart, Darnley D. (New York)

Terry, Michael E (Tennessee)

Watkins, Clinton W. (Tennessee)

Attorneys(s) for Defendant

Anderson, Stephen G. (Tennessee)

Bruinsma, James Robert (Michigan)

Cameron, James William III (Tennessee)

Carpenter, Brigid M. (Tennessee)

Colocotronis, Andrew L. (Tennessee)

Cubita, Peter N. (New York)

Cutler, Cynthia J. (Tennessee)

Douthat, Kenneth Edwin (Tennessee)

Dutton, Thomas E. (Illinois)

Fastow, Jay N. (New York)

Feeney, John Thomas III (Tennessee)

Fortney, Anne Price (District of Columbia)

Gelb, Joseph William (New York)

Hickey, John Thomas Jr. (Illinois)

Honigberg, Renee Deborah (Illinois)

Kinchen, John B. (Texas)

Lassetter, Scott David (Texas)

Leibenstein, Elli (Illinois)

Neaton, Robert A. (Michigan)

Russell, Stacy Stanley (Texas)

Other Attorney(s)

Friel, Gregory (District of Columbia)

Silver, Jessica Dunsay (District of Columbia)

Yeomans, William R. (District of Columbia)

Documents in the Clearinghouse

Document

3:98-cv-00211

Docket [PACER]

Coleman v. General Motors Acceptance Corporation

Nov. 14, 2007

Nov. 14, 2007

Docket
276

3:98-cv-00211

Memorandum Opinion

Coleman v. General Motors Acceptance Corporation

196 F.R.D. 315

Aug. 29, 2000

Aug. 29, 2000

Order/Opinion

00-06484

Brief for United States as Amicus Curiae Supporting Appellees Urging Affirmance

Coleman v. General Motors Acceptance Corporation

March 14, 2001

March 14, 2001

Pleading / Motion / Brief

00-06484

Opinion

Coleman v. General Motors Acceptance Corporation

U. S. Court of Appeals for the Sixth Circuit

296 F.3d 443

July 22, 2002

July 22, 2002

Order/Opinion
604

3:98-cv-00211

Memorandum Order and Opinion

Coleman v. General Motors Acceptance Corporation

220 F.R.D. 64

Jan. 14, 2004

Jan. 14, 2004

Order/Opinion

3:98-cv-00211

Settlement Agreement

Coleman v. General Motors Acceptance Corporation

Feb. 10, 2004

Feb. 10, 2004

Settlement Agreement

Resources

Docket

Last updated Aug. 4, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by deft w/attachments from Chancery Ct/Davidson Cty Case Number: 98−379−III (bbj) (Entered: 03/11/1998)

March 9, 1998

March 9, 1998

2

NOTICE of Initial Case Management Conference ; Case Management Conference set for 11:00 4/13/98 , Case referred to Magistrate Judge Juliet E. Griffin (bbj) (Entered: 03/11/1998)

March 9, 1998

March 9, 1998

REMARK − Copy of Notice of ICMC sent to attys (bbj) (Entered: 03/11/1998)

March 11, 1998

March 11, 1998

3

REMARK − Letter sent to deft atty re: Local Rule 1 (bbj) Modified on 03/12/1998 (Entered: 03/11/1998)

March 11, 1998

March 11, 1998

4

ANSWER by deft General Motors Accep to complaint [1−1] (tlc) (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

5

ATTORNEY APPEARANCE for pltf Addie T. Coleman by Clinton W. Watkins (dm) (Entered: 03/27/1998)

March 26, 1998

March 26, 1998

6

MOTION by deft to dismiss , or, in the alternative, to stay proceedings (tlc) (Entered: 04/02/1998)

April 2, 1998

April 2, 1998

7

MEMORANDUM by deft in support of motion to dismiss [6−1], or in the alternative to stay proceedings [6−2]; w/attached exhibits A &B (tlc) (Entered: 04/02/1998)

April 2, 1998

April 2, 1998

8

ATTORNEY APPEARANCE for deft General Motors Accep by Stephen G. Anderson (tlc) (Entered: 04/13/1998)

April 10, 1998

April 10, 1998

9

CERTIFICATE of Good Standing filed by deft Stephen G. Anderson (tlc) (Entered: 04/13/1998)

April 10, 1998

April 10, 1998

10

MOTION by pltf to extend time to 4/29/98 to respond to defts' motion to dismiss and/or stay (tlc) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

11

ORDER by Magistrate Judge Juliet E. Griffin granting pltf's motion [10−1] to extend time to 4/29/98 to respond to defts' to dismiss and/or stay [6−1], [6−2] (cc: all counsel)(EOD 4/29/98) (tlc) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

12

MOTION by pltf to amend complaint ; w/attached exhibit A − proposed amended complaint − adding Beaman Automotive Group (tlc) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

13

RESPONSE by pltf to motion to dismiss [6−1], or in the alternative, to stay proceedings [6−2]; w/attached exhibits A − G (tlc) (Entered: 04/29/1998)

April 29, 1998

April 29, 1998

14

RESPONSE IN OPPOSITION by deft General Motors Accep to motion to amend complaint [12−1] (w/attached exhs A−C) (train) (Entered: 05/11/1998)

May 8, 1998

May 8, 1998

17

ANSWER to [16−1] and COUNTERCLAIM by deft General Motors Accep against pltf Addie T. Coleman (tlc) (Entered: 06/30/1998)

June 26, 1998

June 26, 1998

15

ORDER by Magistrate Judge Juliet E. Griffin granting pltfs' motion to amend complaint [12−1]; clerk is directed to extract the first amended class action complaint submitted as an attachment to the motion and file and docket it; Case Management Conference held 6/26/98; next Case Management Conference set for 11:30 on 7/31/98 ; see order for further details (cc: all counsel) (EOD 6/29/98) (tlc) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

16

AMENDED COMPLAINT by pltf; adding deft Beaman Automotive; jury demand (tlc) (Entered: 06/29/1998)

June 29, 1998

June 29, 1998

18

SUMMONS issued as to deft Beaman Automotive (tlc) (Entered: 07/07/1998)

July 6, 1998

July 6, 1998

20

ORDER by Magistrate Judge Juliet E. Griffin telephone conference set for 4:00 on 9/21/98; Case Management Conference held 7/31/98; deft GMAC withdrawing motion to dismiss [6−1]; denying deft GMAC's motion to stay proceedings [6−2]; defts shall have until 8/31/98 to file motions to dismiss the amended complaint; response to such motions due 9/17/98 or 13 working days from service of such motion; defts shall have to 9/25/98 or five days from service of response to file a reply to such motions; see order for further details (cc: all counsel) (EOD 8/6/98) (tlc) (Entered: 08/06/1998)

Aug. 6, 1998

Aug. 6, 1998

21

RENEWED MOTION by deft General Motors Accep to dismiss proceedings (tlc) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

22

MEMORANDUM by deft General Motors Accep in support of motion to dismiss proceedings [21−1]; w/attached exhibits A − F (tlc) (Entered: 08/26/1998)

Aug. 25, 1998

Aug. 25, 1998

23

MOTION by deft Beaman Automotive for judgment on pleadings , and to dismiss (tlc) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

24

MEMORANDUM by deft Beaman Automotive in support of motion for judgment on pleadings [23−1], of motion to dismiss [23−2] (tlc) (Entered: 09/01/1998)

Aug. 31, 1998

Aug. 31, 1998

25

MOTION by pltf to extend time to 10/12/98 to respond to deft GMAC's renewed motion to dismiss (tlc) (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

26

ORDER by Judge Todd J. Campbell granting pltf's motion to extend time to respond to defts' pending motions to dismiss [25−1] (DE #'s [23−1], [23−2] &[21−1]); time is so extended to 10/13/98; defts shall file their replies, if necessary, by 10/23/98 (cc: all counsel)(EOD 9/18/98) (tlc) (Entered: 09/18/1998)

Sept. 18, 1998

Sept. 18, 1998

27

MOTION by deft General Motors Accep for protective order (tlc) (Entered: 10/09/1998)

Oct. 8, 1998

Oct. 8, 1998

28

RESPONSE by pltf to deft Beamon Pontiac's motion for judgment on pleadings [23−1], motion to dismiss [23−2]; w/attached exhibits A &B (tlc) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

29

RESPONSE by pltf to deft GMAC's motion to dismiss proceedings [21−1] (tlc) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

30

MOTION by pltf to amend the complaint (tlc) (Entered: 10/14/1998)

Oct. 13, 1998

Oct. 13, 1998

31

RESPONSE in opposition by pltf Addie T. Coleman to motion for protective order [27−1]; w/attached exhibits A &B (tlc) (Entered: 10/21/1998)

Oct. 20, 1998

Oct. 20, 1998

32

NOTICE by deft Beaman Automotive of filing deposition of Addie Coleman (tlc) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

33

DEPOSITION of Addie T. Coleman taken on the following date: 9/17/98; submitted by deft Beaman Pontiac Co (tlc) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

34

REPLY by deft Beaman Automotive to pltf's response to motion for judgment on pleadings [23−1] &motion to dismiss [23−2] (tlc) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

35

REPLY by deft General Motors Accep to pltf's response to motion to deft GMAC's dismiss proceedings [21−1] (tlc) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

36

RESPONSE in opposition by deft General Motors Accep to pltf's motion to amend the complaint [30−1] (tlc) (Entered: 10/26/1998)

Oct. 23, 1998

Oct. 23, 1998

37

REPLY by deft General Motors Accep to response to motion; for protective order [27−1]; w/attached exhibits A &B (tlc) (Entered: 10/30/1998)

Oct. 29, 1998

Oct. 29, 1998

38

RESPONSE by deft Beaman Automotive to pltf's motion to amend the complaint [30−1] (tlc) (Entered: 11/02/1998)

Oct. 30, 1998

Oct. 30, 1998

39

MOTION by pltf for oral argument on deft GMAC's Rule 12 Motion, deft Beaman's Rule 12 motion and pltf's motion to amend (tlc) (Entered: 11/03/1998)

Nov. 2, 1998

Nov. 2, 1998

41

MOTION by pltf to seal proposed second amended complaint (tlc) (Entered: 11/10/1998)

Nov. 9, 1998

Nov. 9, 1998

42

MEMORANDUM OF THE COURT (cc: all counsel) (EOD 11/10/98) (tlc) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

43

ORDER by Judge Todd J. Campbell denying in part and granting in part deft Beaman's motion for judgment on pleadings [23−1] &to dismiss [23−2] − granted as to dismissing pltf's section 1981 and 1982 and unjust enrichment claims against defts; denying in part and granting in part deft GMAC's motion to dismiss proceedings [21−1] − granted as to dismissing pltf's section 1981 and 1982 and unjust enrichment claims against deft GMAC; Case referred to Magistrate Judge Juliet E. Griffin (cc: all counsel) (EOD 11/10/98) (tlc) (Entered: 11/10/1998)

Nov. 10, 1998

Nov. 10, 1998

44

ORDER by Magistrate Judge Juliet E. Griffin granting pltf's motion to seal proposed second amended complaint [41−1] (cc: (all counsel) (EOD 11/12/98) (tlc) (Entered: 11/12/1998)

Nov. 12, 1998

Nov. 12, 1998

45

SECOND AMENDED COMPLAINT [16−1] FILED UNDER SEAL by pltf; jury demand (tlc) (Entered: 11/12/1998)

Nov. 12, 1998

Nov. 12, 1998

46

MOTION by pltf for CMC (tlc) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

47

ORDER by Magistrate Judge Juliet E. Griffin; conference call held 11/3/98; Case Management Conference and hearing on all pending mtions and/or disputed matters set for 10:00 on 12/2/98 ; granting pltf's motion for oral argument to the extent that the motion to amend will be addressed on 12/2/98 but denied as moot inasmuch as the pltfs sought oral argument on the defts' motions to dismiss having already been resolved by order entered 11/10/98, DE #43 [39−1]; see order for further explaination (cc: all counsel) (EOD 11/18/98) (tlc) (Entered: 11/18/1998)

Nov. 18, 1998

Nov. 18, 1998

PROPOSED Agreed Order re motion for protective order (tlc) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

48

AGREED ORDER by Magistrate Judge Juliet E. Griffin; on 11/3/98, a conference was held on issues relating to GMAC's pending motion for protective order; see this order for details of agreements to such made by the parties (cc: all counsel) (EOD 12/1/98) (tlc) (Entered: 12/01/1998)

Nov. 30, 1998

Nov. 30, 1998

49

STATEMENT of disputed matters by deft Beaman Automotive (tlc) (Entered: 12/01/1998)

Dec. 1, 1998

Dec. 1, 1998

50

ORDER by Magistrate Judge Juliet E. Griffin granting pltf's motion to file a second amended complaint [30−1]; clerk is directed to unseal the second amended complaint; terming deft's motion for protective order [27−1] in that parties were able to reach a resolution; Case Management Conference held 12/2/98; Next Case Management Conference set for 1:00 on 1/25/99 ; by 12/17/98 parties shall submit an agreed protective order; see order for further ddls (cc: all counsel) (EOD 12/8/98) (tlc) (Entered: 12/08/1998)

Dec. 7, 1998

Dec. 7, 1998

REMARK; per order, DE #50, the second amended complaint, DE#45, is unsealed (tlc) (Entered: 12/08/1998)

Dec. 7, 1998

Dec. 7, 1998

REMARK; order, DE #50, resent (tlc) (Entered: 12/10/1998)

Dec. 10, 1998

Dec. 10, 1998

51

MOTION by deft General Motors Accep to strike portions of pltf's second amended class action complaint , or for order for a more definite stmt (tlc) (Entered: 12/21/1998)

Dec. 21, 1998

Dec. 21, 1998

52

RESPONSE by pltf to GMAC's motion to strike portions of pltf's second amended class action complaint [51−1], or for order for a more definite stmt [51−2] (tlc) (Entered: 01/04/1999)

Dec. 31, 1998

Dec. 31, 1998

PROPOSED Agreed Order of substitution of counsel (tlc) (Entered: 01/19/1999)

Jan. 15, 1999

Jan. 15, 1999

54

AGREED ORDER by Magistrate Judge Juliet E. Griffin; John Thomas Feeney and the firm of Feeney &Murray, PLLC shall be substituted as counsel for Beaman Automotive Group d/b/a Beaman Pontiac Co and James W. Cameron and the firm of Harwell, Howard, Hyne, Gabbert &Manner shall no longer be shown as counsel for said deft in this matter (cc: all counsel)(EOD 1/21/99) (tlc) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

PROPOSED Protective Order (tlc) (Entered: 01/22/1999)

Jan. 21, 1999

Jan. 21, 1999

55

NOTICE by pltf of filing Rule 9(e)(3) stmt (tlc) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

56

MOTION by pltf for an order to compelling specefic discovery and/or disclosures form deft GMAC as specified in this motion (tlc) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

57

MEMORANDUM by pltf in support of motion for an order to compelling specefic discovery and/or disclosures form deft GMAC [56−1] (tlc) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

58

EXHIBITS submitted by pltf in support of motion to compel, DE #56; w/attached exhibits 1−6 (tlc) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

59

PROTECTIVE ORDER by Magistrate Judge Juliet E. Griffin : re excerpts and exhibits from the deposition of Joyce Wiedman, taken 9/11/98, as detailed in this order (cc: all counsel) (EOD 1/22/99) (tlc) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

60

MOTION by deft General Motors Accep for protective order ; w/attached exhibits A − C (tlc) (Entered: 01/26/1999)

Jan. 26, 1999

Jan. 26, 1999

61

ORDER by Magistrate Judge Juliet E. Griffin; technically pending before the court is pltf's motion for a CMC which was granted by order DE#47; clerk is to terminate the motion as pending − terming DE#46; denying pltf's motion for CMC denying motion to strike portions of pltf's second amended class action complaint [51−1], or alternatively, for order for a more definite stmt [51−2]; by 2/17/99, the defts shall file answers to the pltf's second amended complaint (cc: all counsel) (EOD 1/26/99) (tlc) (Entered: 01/26/1999)

Jan. 26, 1999

Jan. 26, 1999

62

ORDER by Magistrate Judge Juliet E. Griffin granting in part GMAC's motion for protective order [60−1]; granting in part pltf's motion for an order to compelling specefic discovery and/or disclosures form deft GMAC [56−1]; see order for details; Case Management Conference held 1/25/99 (cc: all counsel) (EOD 2/1/99) (tlc) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

63

ORDER by Magistrate Judge Juliet E. Griffin granting in part GMAC's motion for protective order [60−1]; granting in part GMAC's motion for an order to compelling specefic discovery and/or disclosures form deft GMAC [56−1]; see order for details (cc: all counsel) (EOD 2/8/99) (tlc) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

64

ORDER by Magistrate Judge Juliet E. Griffin granting GMAC's motion for protective order [60−1] in part; granting GMAC's motion for an order to compelling specefic discovery and/or disclosures from deft GMAC [56−1] in part; see order for details (cc: all counsel) (EOD 2/8/99) (tlc) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

65

MOTION by deft General Motors Accep to amend orders entered 2/8/99 ; w/attached exhibit A (seal) (Entered: 02/12/1999)

Feb. 12, 1999

Feb. 12, 1999

66

AFFIDAVIT of Brigid T. Miller in support of motion to amend orders [65−1] (seal) (Entered: 02/12/1999)

Feb. 12, 1999

Feb. 12, 1999

67

RESPONSE by pltf to motion to amend orders entered 2/8/99 [65−1] (tlc) (Entered: 02/16/1999)

Feb. 12, 1999

Feb. 12, 1999

69

AFFIDAVIT of David Jones in support of deft GMAC's objections to Magistrate Judge's order [68−1]; w/attached exhibit A filed UNDER SEAL; attached as exhibit 7 to objections **Item under Seal Destroyed 4/19/05** (tlc) Modified on 04/19/2005 (Entered: 02/17/1999)

Feb. 16, 1999

Feb. 16, 1999

68

MOTION by deft General Motors Accep for review of Magistrate Judge's order of 2/1/99, denying in part GMAC's motion for protective order and granting in part pltf's motion to compel, DE#62 ; w/attached exhibits 1 − 8 (tlc) (Entered: 03/19/1999)

Feb. 16, 1999

Feb. 16, 1999

71

ANSWER to second amended complaint [45−1] and COUNTERCLAIM by deft General Motors Accep against pltf Addie T. Coleman (tlc) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

72

MOTION by deft General Motors Accep to stay certain discovery , and to quash notice of deposition ; w/attachments (tlc) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

PROPOSED Agreed Order granting motion to amend Magistrate Judge Griffin's orders (tlc) (Entered: 02/24/1999)

Feb. 23, 1999

Feb. 23, 1999

73

RESPONSE by pltf to GMAC's objections to Magistrate's discovery orders [68−1]; w/attached exhibits 1 − 2 (tlc) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

74

ORDER by Magistrate Judge Juliet E. Griffin granting deft's motion to stay certain discovery [72−1] &to quash notice of deposition [72−2] as set out in this order (see order for details); granting deft's motion to amend orders entered 2/8/99 [65−1]; clerk is to forward this file to Judge Campbell for his consideration of the objections of deft and related filings, DE#68−70, now deemed to be a motion to reveiw the order entered 2/1/99, DE#62, and the pltf's response to be filed by 2/23/99; terminating case referral to Magistrate Judge Juliet E. Griffin (cc: all counsel) (EOD 2/26/99) (tlc) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

75

AGREED ORDER by Magistrate Judge Juliet E. Griffin; see order for details of amendments to interrogatories 14,27,28,29 and request for production 4 all counsel) (EOD 2/26/99) (tlc) (Entered: 02/26/1999)

Feb. 25, 1999

Feb. 25, 1999

76

REPLY by deft General Motors Acceptance Corp. to pltf's response to GMAC's objections to Magistrate's discovery orders [73−1] (tlc) (Entered: 03/08/1999)

March 8, 1999

March 8, 1999

PROPOSED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER (tlc) (Entered: 03/19/1999)

March 18, 1999

March 18, 1999

77

PROTECTIVE ORDER by Magistrate Judge Juliet E. Griffin : re discovery issues and materials to be kept under seal (cc: all counsel) (EOD 3/26/99) (tlc) (Entered: 03/26/1999)

March 25, 1999

March 25, 1999

78

ORDER by Judge Todd J. Campbell; pursuant to the division of the docket upon the appointment of the Honorable Aleta Trauger as USDC Judge and as provided in AO #138−2, the clerk is directed to transfer this action to the docket of Judge Trauger; Case reassigned to Judge Aleta A. Trauger (cc: all counsel) (EOD 3/30/99) (tlc) (Entered: 03/30/1999)

March 30, 1999

March 30, 1999

79

ORDER by Judge Aleta A. Trauger; after extensive hearings, the Magistrate Judge has carefully tailored and limited the pltf's discovery on the issue of class certification; the provisions in the Magistrate Judge's 2/1/99 order to which GMAC takes exception are not clearly erroneous or contrary to law; therefore, pursuant to 28 USC Section 636(b)(1)(A), this court declines to reconsider the Magistrate Judge's ruling and GMAC's objections thereto are overruled, DE#76; Case referred back to Magistrate Judge Juliet E. Griffin for further case management (cc: all counsel) (EOD 5/5/99) (tlc) (Entered: 05/05/1999)

May 4, 1999

May 4, 1999

80

ORDER by Magistrate Judge Juliet E. Griffin; telephone conference set for 9:30 on 5/19/99 to be convened by counsel for deft GMAC to address new ddls for production of data directories and/or data, the deposition of a Rule 30(b)(6) witness of deft GMAC, filing and briefing of the pltf's motion for class certification and other appropriate matters (cc: all counsel) (EOD 5/6/99) (tlc) (Entered: 05/06/1999)

May 6, 1999

May 6, 1999

81

MOTION by deft General Motors Accep to compel , and for sanctions ; w/attached exhibits A − G (tlc) (Entered: 05/14/1999)

May 14, 1999

May 14, 1999

82

AFFIDAVIT of Brigid T. Miller filed as exhibit C to deft GMAC's motion to compel and for sanctions [81−1], [81−2] (tlc) (Entered: 05/14/1999)

May 14, 1999

May 14, 1999

3:98-cv-00211 As of: 10/14/2015 09:43 AM CDT 14 of 53

84

PROTECTIVE ORDER by Magistrate Judge Juliet E. Griffin : re the Nashville Study and related information and (cc: all counsel) (EOD 5/19/99) (tlc) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

85

ORDER by Magistrate Judge Juliet E. Griffin granting deft's motion to compel [81−1]; pltfs shall by 5/28/99 retrieve and photocopy the Nashville Study and underlying documents for the deft's counsel to pick up from the pltf's counsel's office; denying deft's motion for sanctions [81−2]; court denied pltf's oral motion to expand the scope of production of data beyond the three dealerships provided in the order entered 5/5/99, DE#79; deft shall produce to the pltf by 5/28/99 the information set forth in the order entered 4/29/99, DE#13 in Cason v. MNAC 3:98−223 as well as other information as detailed in this order; by 8/16/99, pltf shall file a motion for class certification; Status conference held 5/19/99; Case Management Conference set for 10:00 on 7/28/99 (cc: all counsel) (EOD 5/21/99) (tlc) (Entered: 05/21/1999)

May 20, 1999

May 20, 1999

PROPOSED Stipulation and Protective Order (tlc) (Entered: 05/27/1999)

May 26, 1999

May 26, 1999

86

PROTECTIVE ORDER by Magistrate Judge Juliet E. Griffin : re date produced by Beaman/Bill Heard; customers' information and pltf shall not contact customers (cc: all counsel) (EOD 5/27/99) (tlc) (Entered: 05/27/1999)

May 27, 1999

May 27, 1999

87

NOTICE of Hearing by deft General Motors Acceptance Corp that the parties shall convene a conference call with Magistrate Judge on 6/2/99 at 11:00 a.m. (lah) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

88

MOTION by deft General Motors Acceptance for sanctions (lah) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

89

MEMORANDUM by deft General Motors Acceptance in support of motion for sanctions [88−1] (lah) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

90

APPENDIX filed by deft General Motors Acceptance re [88−1] (w/attached exhibits A−I) (lah) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

91

NOTICE by deft General Motors Accep of late filing of exhibit 1 UNDER SEAL to GMAC's memorandum in support of motion for sanctions filed 6/1/99 UNDER SEAL; w/attached exhibit 1 (tlc) (Entered: 06/08/1999)

June 2, 1999

June 2, 1999

92

ORDER by Magistrate Judge Juliet E. Griffin; by 6/4/99 pltf shall make information (data elements electronically stored in Access Table format and a specific description of how the formula and calculations for the summary of the Nashville Study were derived) available to deft GMAC to retrieve from the law office of Mr. Watkins; pltf shall supplement its response served on 5/27/99 to the deft's request for production by providing chronology and clarifying when her consulting expert(s) reviewed the Nashville Study and/or any underlying data; by 6/15/99, pltf shall respond to deft's motion for sanctions [88−1]; order, DE#85, remains in full force and effect (cc: all counsel) (EOD 6/8/99) (tlc) (Entered: 06/08/1999)

June 7, 1999

June 7, 1999

93

RESPONSE by pltf in oppositioon to deft's motion for sanctions [88−1] (tlc) (Entered: 06/16/1999)

June 15, 1999

June 15, 1999

94

NOTICE by pltf of filing exhibits to pltf's response in opposition to deft GMAC's motion for sanctions; w/attached exhibits 1 − 15 (tlc) (Entered: 06/16/1999)

June 15, 1999

June 15, 1999

95

TRANSCRIPT filed of CMC held 5/19/99 before Magistrate Judge Juliet Griffin; CR: Cindi Kellam (tlc) (Entered: 06/29/1999)

June 28, 1999

June 28, 1999

Case Details

State / Territory: Tennessee

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: March 9, 1998

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of African-American consumers who racially discriminated against through a higher finance charge markup

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

General Motors Acceptance Corporation, Private Entity/Person

Beaman Automotive, Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 11,108,989.78

Order Duration: 2004 - 2007

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Issues

General:

Disparate Impact

Disparate Treatment

Fines/Fees/Bail/Bond

Predatory lending

Discrimination-basis:

Race discrimination

Race:

Black