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| It is finally over. $5,500,000,000 in certificates to purchase GM vehicles will soon be ready for claiming by members of the truck owner class. A description of who qualifies is contained in the settlement terms found on consumerlawpage.com. Qualifying members of the class should receive the notice of class action settlement in July and can then begin the application process to obtain their $1,000 certificate. On June 18, 1999, attorneys representing the truck owners appeared before Judge Jack T. Marionneaux to resolve disputes with General Motors over the terms of the Notice of Settlement to Class Members, plans by attorneys for truck owners to notify 5,500,000 class members of opportunities to sell their certificates for cash and proposals by plaintiffs' attorneys to streamline the process for selling certificates in a national secondary market. On June 21, 1999, Judge Marionneaux entered his Findings of Fact and the following Order which mandates that within 21 days of June 21, 1999 the notices and accompanying explanations on how to sell certificates by mailed to class members. For details on the terms of the settlement, see the full text of the settlement agreement on consumerlawpage.com. Questions about the settlement will be answered in the mailing truck owners will be receiving, along with applications, a description of the process for obtaining a certificate and how to get answers to questions about the settlement through a national clearinghouse. Please do not email The Alexander Law Firm at this time. Please wait until you receive Notice of the Settlement, which will fully explain the process for obtaining and selling certificates. We are not able to respond to the thousands of inquiries generated by this website and request your cooperation. 18th JUDICIAL DISTRICT COURT PARISH OF IBERVILLE STATE OF LOUISIANA JOSEPH A. WHITE, III, JOHN L. MONSON AND ANTHONY O. CASHIOLA, SR. VERSUS GENERAL MOTORS CORPORATION, BROCKHOEFTS'S CHEVROLET, INC. AND HANK PONTIAC-GMC-BUICK, INC. NUMBER: 42, 865 DIVISION: "D" ORDER RELATING TO CLASS COUNSEL'S MOTION AND AMENDED MOTION RELATING TO ADMINISTRATION AND/OR IMPLEMENTATION OF SETTLEMENT The Court, upon consideration of Class Counsel's Motion and Amended Motion for Order Relating to Administration and/or Implementation of Settlement, enters this Order with regard to the administration and implementation of this Court's Order and Supplemental Findings in Support of Final Order and Judgment (signed on January 20, 1999) (hereinafter the "Supplemental Order"), after specifically finding that the entry of this Order is in the interest of justice, the plaintiff class, and the orderly and efficient administration of the settlement, and upon further finding that this Court has authority to issue this Order as a part of its continuing jurisdiction over the class action settlement at issue, and without affecting in any way the finality of the Supplemental order and without extending the time for appeal from that Order, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. The format, the text and the quality of paper of the envelope enclosing the mail-out to the Class annexed hereto as Exhibit A has been reviewed by this Court and is hereby approved; 2. The form and the text of the business reply envelope, paid for by the Barrett Group of Class Counsel, annexed hereto as Exhibit B, and its enclosure in the mail-out along with the Final Notice and Proof of Claim, has been reviewed by this Court and is hereby approved; 3. The form and content of the letter from Class Counsel, including the One Hundred Dollar ($100) Offer from Certificate Redemption Group, LLC, paid for by the Barrett Group of the final notice and proof of claim form, will be "un-nested" and enclosed in the following order: 1. Class Counsel letter, 2. Final Notice and Proof of Claim, and 3. the Business Reply envelope; 4. The form and content of the Consumer Certificate and the Fleet/Government Entity Certificate (both of which shall be sometimes referred to herein as the "Original Certificate"), annexed hereto as Exhibits D and E, respectively, have been reviewed by this Court and are hereby approved, except that: A. The Original Certificate states: "I have seen valid proof of ownership of the settlement vehicle (photocopies of the original owner's title and/or registration), and I hereby verify having a photocopy of the copies in the dealer file." There is no requirement of demonstrating proof of ownership when the Original Certificate is used by the party named on the Original Certificate; therefore, the preceding sentence must be deleted or clarified to state that proof of ownership is required only in those situations where the holder of the certificate is not the named party on the certificate, but is the current owner of the GM Pickup Truck (as defined in the Agreement of Settlement); B. The consumer Certificate, on the reverse side in Section C, and the Fleet/Government Entity Certificate, on th reverse side in Section B, are hereby amended to delete the phrase "Signature of owner on certificate" and the signature line and date; C. The form and content of the Third Party Certificate annexed hereto as Exhibit F has been reviewed by this Court and is hereby approved; 5. In connection with the issuance of the Third Party Certificates: A. GM is incorrect in stating that the "Request for Third Party Certificate must state the name of the transferee and be signed by the Original Certificate holder." There is no requirement that the request for a Third Party Certificate be signed by anyone. B. "A written request that the Third Party Certificate be issued in the name of the designated person or entity." Page 10, paragraph D, lines 18-19: (1) does not have to be on the Original Certificate itself; (2) does not have to be sent simultaneously with the Original Certificate, and (3) may be sent electronically. 6. There is no requirement of proof of ownership when the Original Certificate is used by the party named on the certificate; proof of ownership is required only in those situations where the holder of the Original Certificate is not the named party on the Original Certificate, but is the current owner of the GM pickup truck (as defined in the Agreement of Settlement); 7. GM's "General Motors C/K Pickup Truck Certificate Rules" ("rules"), annexed hereto as Exhibit H, are hereby approved, except that: A. The Rules with regard to paragraph 9.1 on page 9 stating: "Leased units are not eligible under this settlement" are hereby clarified to make it certain that leasing companies may use the certificates to purchase eligible vehicles from GM dealers; B. The Rules with regard to parag4raph 9.0 on page 9 stating: "Requests for Third-Party Certificates must state the name of the transferee and be signed by the Original Certificate holder" are hereby amended by deleting that sentence in its entirety; C. The Rules with regard to the first sentence of paragraph 10.B on page 12 stating: "General Motors reserves the right to cancel, amend, revise, or revoke any GM incentive program at any time based on its sole business judgment" does not apply to this certificate program. 8. GM, at its expense, through Experian, having met the low bid requirement, is directed to mail the Final Notice, Proof of Claim form, and related materials to the settlement class members 21 days from the date of this Order; the mailing to the settlement class members will be in the approved envelope (Exhibit A), and will include the combination Class Counsel letter and the cash option information and instructions (Exhibit C), and the approved business return envelope (Exhibit B); Exhibits B and C will be prepared and provided to Experian at the expense of Class Counsel; 9. In connection with 8 above GM/Polk must immediately provide Experian with the necessary database, subject to Experian's acquiescence to the "typical limitations," to accomplish the aforementioned mail-out. 10. Experian, in addition to having been selected to perform function 1, the printing and mail-out of the Final Notice and related materials, is also selected to perform function 2, processing Proofs of Claim and issuing of Original Certificates and function 3, processing requests for and issuing of Third party Certificates. 11. A. GM is hereby ordered to amend the Consumer Certificate, the Fleet/Government Entity Certificate, and the Rules in conformance with this order within five (5) days from the date of this Order, and to submit conformed copies to this Court; B. GM is directed to provide to this Court, on or before July 20, 1999, an Interim Affidavit of Compliance summarizing its progress implementing the Settlement; C. Class Counsel are directed to provide to this Court, on or before July 20, 1999, an Interim Affidavit of Compliance summarizing their progress implementing the Settlement. THIS DONE AND SIGNED this 21st day of June, 1999, in Plaquemine, Louisiana. JUDGE JACK T. MARIONNEAUX [0699] |