Comedy of Errors

Now, this will take some explaining . . .

Before you start reading our Plea to the Court (filed on April 27, 2006), you need to understand a few things in order to have a real appreciation for both the events that led up to its writing, and the circumstances that resulted in it becoming part of the Court record.

First of all, we rely heavily on our 'internal radar' or built-in BS meter.  This 'knack' has served us very well.  Secondly, our Plea to the Court was never intended to be a Court document.  It was hurriedly put together as talking point notes in case we needed to (or were even allowed to) address the Court at the Fairness Hearing.  Finally, for some time now we just haven't been able to shake the feeling that the solutions we are all anticipating from the class action settlement are being hijacked.  We kept asking, "Is anyone in the legal system paying attention?  Are we the only ones to see that we (the class members) are getting shafted?"  Worse than that, we just knew it was about to get worse - much worse.

As the clock ticks down . . .

In the weeks before the Fairness Hearing, we were receiving calls and emails from consumers clearly indicating the notification process was rife with problems.  Combine that with our discovery of documents and affidavits filed with the Court in the week or two before the Fairness Hearing (and not publicly disclosed), our concerns grew into outright alarm and anger.

On several occassions we attempted to deliver information critical to the case to the attorney representing the class members.  For instance:

• people who should have automatically received notification (i.e., they had previous repairs, had mailed registration cards, etc.) received nothing from GE.
• people who had called the Moisture Settlement office requesting claim packages, never received them or received them after deadlines.
• people who were unaware of the Settlement and called GE for repair services, were not advised by the GE CSR that their refrigerator model was included in a settlement agreement or part of the free moisture related repair program.
• people reported frustration with the telephone system at the settlement office, i.e. being disconnected, excessive hold times (30 mintes or more), inability to connect to a live person.
• people who had already submitted legitamate and qualified claims for reimbursements and/or repairs were told "your previous repairs were not moisture related".

As the Fairness Hearing loomed closer, we accellerated our research of the locations (and sources) of the databases that GE would use to track owners of the defective refrigerators.  We knew that databases were missing from the notification process.  Again, we tried to deliver the missing database information to Plaintiff's attorney.  We were unsuccessful in delivering the information to him in the usual manner, but we did find a way . . . and delivery was successful.

D-Day

When we arrived at the courthouse the morning of the Fairness Hearing, everyone pretended to be so happy to see us.  But our radar was on high alert and it was clear that no one had any intention of addressing the flawed notification process or to notify the Court that there was indeed a problem.  Something had to be done.

Now please don't forget - we are not attorneys and do not know a whit about legal procedures or Court protocol.  But we weren't about to let a little thing like the lack of a law degree stand in our way.  After all, we came prepared with our 'talking points' notes, in case our "worst" fears became reality.  We just knew there had to be some way  to talk to the Judge, but where to start?  We walked into the Courtroom and looked for someone 'official looking'.

The comedy begins

When we entered, we saw two young and friendly faces in the front of the courtroom in what looked like an 'official place' since they were sitting in front of the Judge's empty chair.  Those sweet faces belonged to the Clerk and the Court Reporter.  Cathy approached them and asked, "How can I address the Judge?  Can I speak with the Judge?  How do I get information about the next case to the Judge?  Am I allowed to speak at the hearing?"

The Clerk explained to Cathy that she couldn't speak to the Judge before the Hearing.  In order to speak at the Hearing, she had to be on the docket.  But in order to be on the docket, she had to go downstairs to the Court Clerk's office and 'file something'.  (Clearly, this was not run like a homeowners association meeting.  Signing your name to a list on a clipboard, hanging on the wall was not the height of civil procedure!)  So Cathy flew downstairs because the clock was ticking; the Hearing was due to start in 20 minutes.  It wasn't any easier at the Court Clerk's office, as you will see.

A system that works

We are most grateful to the very kind - and tolerant - Court Clerks who walked us through the system.  And contrary to the C.Y.A. Rumor Mill version of the events of that day, now you know how (and why) the document you are about to read became an official record of this case.