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COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
MATTER COMMUNICATIONS, INC.,
Plaintiff,
Vv. CA. wo. GHAI 0584 B rt
qurenior
ABPRO CORPORATION, ese
g 104
Defendant, yt
nso
HOMAS *
COMPLAINT
For its Complaint against the named Defendant ABPRO Corporation, the Plaintiff Matter
Communications, Inc. makes the following allegations:
I Parties
1 Plaintiff Matter Communications, Inc. (“Matter”) is a Massachusetts corporation with a
place of business at 50 Water Street, Mill #3, Newburyport, Essex County,
Massachusetts.
2. Defendant Abpro Corporation (“Abpro”) is a Delaware corporation with a place of
business at 68 Cummings Park Drive, Woburn, Massachusetts.
IL. Material Facts
3. Matter is a public relations and marketing service provider.
4. According to its website, Abpro is a biotechnology company with the mission of
improving the lives of those facing severe and life-threatening diseases with next-
generation antibody therapies
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Abpro retained Matter to perform public relations and marketing.
Matter provided substantial services to Abpro at the request of Abpro.
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Matter set forth the fees for its services in regular invoices.
Abpro began experiencing financial difficulties and stopped paying Matter’s invoices.
The past due amount for services rendered by Matter to Abpro is $46,375.00.
10. Abpro has been repeatedly informed of the amounts due, including in a Chapter 93A
demand letter.
11 To date, Abpro has failed and refused to pay the invoices.
12. In order to induce continued performance under the agreement, Abpro made
misrepresentations that it intended to pay for all services it requested from Matter and
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that were provided to Abpro.
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13. Matter relied upon these misrepresentations in continuing to perform services as
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requested. |
14. Thereafter, and knowing that it owed the amounts set forth above, Abpro attempted to
leverage Matter into acquiescence on its claims by making misrepresentations concerning
the level of Matter’s performance and by falsely claiming that services were deficient.
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15. These misrepresentations were made in bad faith in order to coerce Matter into accepting
less money than Abpro knows it owes to Matter under the contract it induced.
Ul. Causes of Action
|i COUNT I
' (Breach of Contract)
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16. Matter restates and realleges each of the foregoing paragraphs.
17. The agreement for services between Matter and Abpro is a valid and enforceable
contract.
18. The conduct set forth above, including the failure to pay the outstanding Invoices,
constitutes a breach of the contract.
19. Matter has satisfied all of its |i obligations under the contract.
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20. Matter has been harmed by the breaches of contract set forth herein.
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21. Matter requests all damages to which it is entitled at law in and equity for these breaches
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of Contract, including the $46,375 set forth above.
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COUNT IV
(Violation of G.L. c. 93A §, § 2 and 11)
22. Matter restates and realleges each of the foregoing paragraphs as if fully set forth herein.
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23. Abpro’s wrongful actions and omissions set forth herein occurred primarily and
substantially within the Commonwealth of Massachusetts.
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24, Each of Abpro’s wrongful actions and omissions set forth herein constitute willful and
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knowing unfair and deceptive trade practices under G.L. c. 93A §,§ 2 and 11.
25 The unfair and deceptive rede practices in which Abpro engaged include, but may not be
limited to: (a) making knowing misrepresentations regarding the applicability of clear
contractual obligations in order to dissuade Matter from pursuing its rights under the
contract and in order to leverage Matter into acquiescence in regards to its rights, (b)
making knowing misrepresentations in an effort to secure benefits to which Abpro knew
it was not entitled, (c) employing extortionate tactics against Matter, including
manufacturing false claims'regarding performance of services in an attempt to leverage
concessions from Matter. |
26. Matter has been financially) harmed by Abpro’s unfair and deceptive trade practices,
including the monies paid on behalf of Abpro by Matter, as well as costs and attorney’s
fees.
27. Matter is entitled to recover up to three, but not less than two, times the amount of its
actual damages, plus interest, costs and attorney’s fees, due to Abpro’s willful and
knowing use of unfair and deceptive acts and practices.
28. Matter requests that this Honorable Court grant to it all of its remedies under G.L. c. 93A.
§, §2 and
11.
JURY DEMAND
Matter demands ajury on an claims to which it is so entitled.
WHEREFORE, Matter requests that this Honorable Court:
1 Enter judgment in favor of Matter and against Abpro on each count stated herein;
2. Award Matter all damages, costs, interest and attorney’s fees recoverable at law
and in equity; {
3 Award such other and further relief as is just and proper under the law.
Respectfully submitted,
MATTER COMMUNICATIONS, INC.,
By its attorney,
/s/ TimothyJ. Perry
Timothy J. Perry (BBO #631397)
tperry@pkcounsel.com
PERRY KRUMSIEK LLP
One Boston Place, Suite 2600
Boston, MA 02108
(617) 720-4300
facsimile (617) 720-4310
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COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT DEPT. OF THE TRIAL COURT MATTER COMMUNICATIONS, INC., Plaintiff, Vv. CA. wo. GHAI 0584 B rt qurenior ABPRO CORPORATION, ese g 104 Defendant, yt nso HOMAS * COMPLAINT For its Complaint against the named Defendant ABPRO Corporation, the Plaintiff Matter Communications, Inc. makes the following allegations: I Parties 1 Plaintiff Matter Communications, Inc. (“Matter”) is a Massachusetts corporation with a place of business at 50 Water Street, Mill #3, Newburyport, Essex County, Massachusetts. 2. Defendant Abpro Corporation (“Abpro”) is a Delaware corporation with a place of business at 68 Cummings Park Drive, Woburn, Massachusetts. IL. Material Facts 3. Matter is a public relations and marketing service provider. 4. According to its website, Abpro is a biotechnology company with the mission of improving the lives of those facing severe and life-threatening diseases with next- generation antibody therapies i | 1 1 | Abpro retained Matter to perform public relations and marketing. Matter provided substantial services to Abpro at the request of Abpro. | Matter set forth the fees for its services in regular invoices. Abpro began experiencing financial difficulties and stopped paying Matter’s invoices. The past due amount for services rendered by Matter to Abpro is $46,375.00. 10. Abpro has been repeatedly informed of the amounts due, including in a Chapter 93A demand letter. 11 To date, Abpro has failed and refused to pay the invoices. 12. In order to induce continued performance under the agreement, Abpro made misrepresentations that it intended to pay for all services it requested from Matter and 1 that were provided to Abpro. | 13. Matter relied upon these misrepresentations in continuing to perform services as i requested. | 14. Thereafter, and knowing that it owed the amounts set forth above, Abpro attempted to leverage Matter into acquiescence on its claims by making misrepresentations concerning the level of Matter’s performance and by falsely claiming that services were deficient. ' 15. These misrepresentations were made in bad faith in order to coerce Matter into accepting less money than Abpro knows it owes to Matter under the contract it induced. Ul. Causes of Action |i COUNT I ' (Breach of Contract) ! 16. Matter restates and realleges each of the foregoing paragraphs. 17. The agreement for services between Matter and Abpro is a valid and enforceable contract. 18. The conduct set forth above, including the failure to pay the outstanding Invoices, constitutes a breach of the contract. 19. Matter has satisfied all of its |i obligations under the contract. | 20. Matter has been harmed by the breaches of contract set forth herein. | 21. Matter requests all damages to which it is entitled at law in and equity for these breaches ( of Contract, including the $46,375 set forth above. | |1 COUNT IV (Violation of G.L. c. 93A §, § 2 and 11) 22. Matter restates and realleges each of the foregoing paragraphs as if fully set forth herein. i 23. Abpro’s wrongful actions and omissions set forth herein occurred primarily and substantially within the Commonwealth of Massachusetts. 1 24, Each of Abpro’s wrongful actions and omissions set forth herein constitute willful and | knowing unfair and deceptive trade practices under G.L. c. 93A §,§ 2 and 11. 25 The unfair and deceptive rede practices in which Abpro engaged include, but may not be limited to: (a) making knowing misrepresentations regarding the applicability of clear contractual obligations in order to dissuade Matter from pursuing its rights under the contract and in order to leverage Matter into acquiescence in regards to its rights, (b) making knowing misrepresentations in an effort to secure benefits to which Abpro knew it was not entitled, (c) employing extortionate tactics against Matter, including manufacturing false claims'regarding performance of services in an attempt to leverage concessions from Matter. | 26. Matter has been financially) harmed by Abpro’s unfair and deceptive trade practices, including the monies paid on behalf of Abpro by Matter, as well as costs and attorney’s fees. 27. Matter is entitled to recover up to three, but not less than two, times the amount of its actual damages, plus interest, costs and attorney’s fees, due to Abpro’s willful and knowing use of unfair and deceptive acts and practices. 28. Matter requests that this Honorable Court grant to it all of its remedies under G.L. c. 93A. §, §2 and 11. JURY DEMAND Matter demands ajury on an claims to which it is so entitled. WHEREFORE, Matter requests that this Honorable Court: 1 Enter judgment in favor of Matter and against Abpro on each count stated herein; 2. Award Matter all damages, costs, interest and attorney’s fees recoverable at law and in equity; { 3 Award such other and further relief as is just and proper under the law. Respectfully submitted, MATTER COMMUNICATIONS, INC., By its attorney, /s/ TimothyJ. Perry Timothy J. Perry (BBO #631397) tperry@pkcounsel.com PERRY KRUMSIEK LLP One Boston Place, Suite 2600 Boston, MA 02108 (617) 720-4300 facsimile (617) 720-4310