Attorney Stephen Wright of Goldman Gruder & Woods is representing three AGRR companies in Connecticut that have been subpoenaed for records and communications by Columbus, Ohio-based Safelite over the state’s anti-steering law. “It’s my belief that Safelite subpoened every glass shop that supported the legislation [Public Act 13-67—an Act Concerning Automotive Glass Work],” says Andre Santamaria, owner of Auto Glass of New England, whose Hamden, Conn., location was served.
The Hamden location was dissolved and has not been in business since March 31, 2014; however, Wright says Santamaria is still responsible for complying with the subpoena for the time the company was active.
The Hamden location was not a part of Safelite Solutions’ affiliated network of shops, Santamaria notes. Safelite Solutions is a third party automotive glass claims administrator. Safelite AutoGlass offers AGRR services.
Wright sent a letter to Safelite on behalf of Santamaria in response to the subpoena.
“[T]he requirement that my client be obliged to produce documents that come into existence following compliance with this subpoena is unnecessarily burdensome and unduly harassing,” says Wright in the letter. “My client is not a party to this action and further intrusion into its affairs and attempts to make it continue to be on the lookout for documents that may be within the scope of your subpoena imposes an unfair and unnecessary burden. This would be an unwelcomed intrusion into its business that is not slightly related to your claims in this matter.”
Wright claims it is “oppressive, overbroad and harassing to generally request my client to produce all documents related to PA 13-67.”
“Santamaria is confident the court will make the right decision,” says Wright. “He will abide by the ruling.”
Safelite has also subpoenaed LYNX Services, according to court documents. Lynx Services filed a motion in the U.S. Western District Court of Pennsylvania to quash the subpoena.
“[S]afelite’s requests are not a good-faith effort calculated to lead the discovery of relevant evidence, and instead resemble an improper attempt to engage in a fishing expedition into Lynx’s sensitive and conditional information,” Lynx’s attorney claims in court documents.
Safelite has sued state Attorney General George Jepsen and Thomas Leonardi, state insurance commissioner, and asked for an injunction to halt enforcement of Public Act 13-67. After the District Court judge decided against an immediate injunction to halt enforcement, Safelite appealed this decision to the Appellate Court. A hearing was held at the Appellate level in late May and a decision has not yet been handed down.
A copy of the letter sent to Safelite on behalf of Auto Glass of New England, LLC-Hamden was obtained by glassBYTEs.com™.
To view a copy of this letter, click here.