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Case 2:05-cv-00186-UA-DNF Document 53 Filed 12/12/05 Page 1 of 28 PageID 213


IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION



CASE NO.: 2:05-CV-186-FtM-33DNF



WIILIAM F. TURNER, on behalf of
himself and all others similarly situated,

Plaintiff,

v.

GENERAL ELECTRIC COMPANY,


Defendant.










SETTLEMENT AGREEMENT BETWEEN

GENERAL ELECTRIC COMPANY AND PLAINTIFF

THIS AGREEMENT is entered into by Plaintiff, for himself and on behalf of the











Settlement Class, by Plaintiff’s counsel, and by General Electric Company (“GE”), subject to

Court approval as required by Rule 23 of the Federal Rules of Civil Procedure. As provided

herein, GE and Plaintiff hereby stipulate and agree that, in consideration of the promises and

covenants set forth in this Settlement Agreement and upon the entry by the Court of a Final Order

and Judgment, all claims of Plaintiff and the Settlement Class against GE in this Action shall be

settled and compromised upon the terms and conditions contained herein.

WHEREAS, on April 29, 2005, Plaintiff filed his Complaint on behalf of himself and a

putative class consisting of all persons in the State of Florida who purchased any of nine specific

models of GE refrigerators. Among other things, the Complaint alleged that the refrigerators did



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not perform in accordance with the advertisements, marketing materials and warranties

disseminated by GE nor with the reasonable expectations of ordinary consumers because of

alleged moisture problems as set forth more fully in the Complaint. The complaint asserted

causes of action for breach of express and implied warranties, negligence, and unjust enrichment.

WHEREAS, on July 19, 2005, Plaintiff filed an Amended Complaint enlarging the

putative class to include all persons in the State of Florida who purchased and/or own certain

additional makes and models of refrigerators marketed, advertised, warranted, and/or sold by GE

under the “GE” and “Hotpoint” brands;

WHEREAS, on August 18, 2005, Plaintiff filed a Second Amended Complaint further

enlarging the putative Class to include all persons in the State of Florida who purchased and/or

own additional makes and models of refrigerators marketed, advertised, warranted, and/or sold by

GE under the “GE” and “Hotpoint” brands;

WHEREAS, contemporaneous with this Agreement, Plaintiff filed a Third Amended

Complaint expanding the putative Class by making it a nationwide Class and by including certain

additional makes and models of “GE” and “Hotpoint” refrigerators;

WHEREAS, GE has denied the material allegations of the Complaint, the First Amended

Complaint, the Second Amended Complaint, and the Third Amended Complaint (collectively the

“Complaints”) and contends that its refrigerators are of superior quality and workmanship and

that it has provided a thorough and comprehensive voluntary outreach program for any consumer

issues related to the claims alleged in the Complaints;



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WHEREAS, during the past six months, GE and Plaintiff, through their respective counsel

and company representatives, have exchanged information and have conducted an investigation

of the facts and an examination of the law relating to the matters set forth in the Complaints;

WHEREAS, during the past six months, GE and Plaintiff, through their respective counsel

and company representatives, also have conducted extensive, arms-length negotiations (based on

the information exchanged by the parties and their examination and investigation of the facts and

law relating to the matters set forth in the Complaints), which negotiations have resulted in this

Agreement to settle Plaintiff’s and Settlement Class Members’ Claims as set forth below;

WHEREAS, in addition to these discussions, the Attorney General of the State of Florida

has conducted an informal inquiry into the issues raised in the Complaints. Plaintiff and GE have

cooperated fully with that inquiry. At the Attorney General’s request, the scope of relief for the

putative class has been broadened to include certain 20 and 25 cubic foot “GE” and “Hotpoint”

refrigerators.

WHEREAS, based upon extensive analysis of the facts and the law applicable to

Plaintiff’s Claims, and taking into account the extensive burdens and expenses of litigation,

including the risks and uncertainties associated with protracted trials and appeals, as well as the

fair, cost-effective, and assured method of resolving the Claims of the Settlement Class, Class

Counsel have concluded that this Agreement provides substantial benefits to the Settlement Class

and is fair, reasonable, adequate and in the best interests of Plaintiff and the Settlement Class;



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WHEREAS, GE similarly has concluded that this Agreement is desirable in order to avoid

the time, risk and expense of defending protracted litigation, and to resolve finally and

completely the pending and potential Claims of Plaintiff and the Settlement Class against GE;

NOW, THEREFORE, GE, Plaintiff, and Settlement Class Counsel stipulate and agree that

any and all Settled Claims of Plaintiff and the Settlement Class against GE shall be finally

resolved on the terms and conditions set forth in this Agreement, subject to Court approval of this

Agreement as a good-faith, fair, reasonable, and adequate settlement under Rule 23 of the Federal

Rules of Civil Procedure.

1.

DEFINITIONS

As used in this Agreement and the exhibits hereto, in addition to any definitions

elsewhere in this Agreement, the following terms shall have the meanings set forth below:

Action means Turner, et al. v. General Electric Co., Civil Action No. 2:05-CV-186-FtM-

33DNF (M.D. Fla., Ft. Myers Division).

Additional Warranty Protection means the Additional Warranty Protection Benefit

provided pursuant to Section 5.1 of this Agreement.

Affiliate means any person or entity controlling, controlled by, or under common Control

with GE or Plaintiff.

Agreement or Settlement Agreement or Settlement means this Settlement Agreement,

including all exhibits hereto.

Benefit means the benefits and relief that Plaintiff or a Settlement Class Member may

receive pursuant to this Agreement.



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Claim means a request by Plaintiff or a Settlement Class Member for a Benefit under this

Agreement.

Claim Deadline for Additional Warranty Protection means the deadline for post-

marking and mailing Claims for Additional Warranty Protection.

Claim Deadline for Refrigerator Exchange means the deadline for post-marking and

mailing Claims for Refrigerator Exchange.

Claim Deadline for Reimbursement means the deadline for post-marking and mailing

Claims for Reimbursement.

Claim Form means the form approved by the Court in substantially the form of Exhibit C

hereto that Settlement Class Members must complete in order to receive a Benefit under this

Agreement.

Claims Administrator means GE and/or its designated agent or employee, who shall

process claims in accordance with Section 5 of this Agreement.

Control means the possession, direct or indirect, of the power to direct or cause the

direction of the management and policies of such controlled person or entity.

Court shall mean the United States District Court for the Middle District of Florida, Ft.

Myers Division.

Effective Date shall mean the later of: (1) the day after the deadline for the filing of any

appeals from the Final Order and Judgment, if no notice of appeal is filed or (2) if any notice of

appeal from the Final Order and Judgment is filed, the day following the date on which the Final

Order and Judgment is not subject to further judicial review or appeal, either by reason of



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affirmance by a court of last resort or by lapse of time or otherwise, provided that the Final Order

and Judgment is not reversed or substantially modified by the trial court or an appellate court.

Fairness Hearing means the hearing to be conducted by the Court in connection with the

determination of the fairness, adequacy and reasonableness of this Agreement under Rule 23 of

the Federal Rules of Civil Procedure.

Final Order and Judgment means the Order to be entered by the Court approving this

Settlement Agreement without material alterations, modifications, or amendments of the

Settlement Agreement, as fair, adequate, and reasonable under Rule 23 of the Federal Rules of

Civil Procedure and confirming the certification of the Settlement Class.

GE means Defendant General Electric Company (including all Affiliates of GE) and their

respective past and present officers, directors, employees, stockholders, partners, agents,

attorneys, parents, subsidiaries, predecessors, successors, assigns, representatives, subrogees,

insurers, and/or insureds.

Moisture-Related Problem means a mechanical and/or insulation issue, as diagnosed by

GE, that causes excessive moisture in a Refrigerator that may result in one or more of the

following symptoms: frost build-up in the freezer or the dispenser chute, ice not dispensing at all,

ice cubes frozen together in a solid mass in the ice bucket, auger in the ice bucket not turning,

water dripping from the door onto the base of the refrigerator compartments or onto the floor,

mold and/or rust in either the fresh or freezer compartment or on the door, a noisy freezer fan,

nonfunctional defrost heater and/or only crushed ice or only cubed ice. In diagnosing a Moisture-

Related Problem, GE, in its discretion, may review documentation or other information obtained



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from the claimant, or may rely on an inspection of the Refrigerator by a GE factory service

technician or GE-authorized customer care servicer.

Moisture-Related Service Call means a service call for the purpose of correcting or

repairing a Moisture-Related Problem. Service calls to repair or correct any issues other than

Moisture-Related Problems shall not be covered by the Settlement Agreement. GE will screen

requests for Moisture-Related Service Calls to avoid unnecessary, non-covered service calls and

explain to potential claimants the differences between covered and non-covered service calls.

Notice means the form of Court-approved notice or notices of this Settlement Agreement

substantially in the form contained in the Notice Plan (which is attached as Exhibit B hereto) and

as described in Section 7 of this Agreement. The Notice and Summary thereof are included

within Exhibit B.

Notice Date means the date, set by the Court, by which dissemination of Notice must

have begun.

Notice Plan means the plan for providing Notice to the Settlement Class. The Notice

Plan is attached hereto as Exhibit B.

Objection Date means the deadline for post-marking, filing and serving written

objections

Opt Out Deadline means the deadline established by the Court for post-marking and

serving a Request for Exclusion

Opt Out Period means the period for filing a Request For Exclusion ending on the Opt

Out Deadline contained in the Notice.



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Person means any individual, corporation, trust, partnership, limited liability company or

other legal entity and his/her/its/their respective successors or assigns.

Plaintiff means William F. Turner.

Plaintiffs’ Class Counsel or Class Counsel or Settlement Class Counsel means Scott

Wm. Weinstein, Weinstein Bavly & Moon, P.A., Gary E. Mason and Alexander E. Barnett of

The Mason Law Firm, P.C., Jonathan W. Cuneo and Charles J. LaDuca of Cuneo Gilbert &

LaDuca, L.L.P.; and William M. Audet of Alexander Hawes & Audet, L.L.P.

Preliminary Approval means the Court’s conditional certification of the Settlement

Class, preliminary approval of this Agreement, appointment of Settlement Class Counsel and the

Settlement Class Representative, and approval of the form of Notice.

Refrigerator means the “GE” and “Hotpoint” side-by-side refrigerators sizes 20, 22, and

25 cubic feet, manufactured between January 1, 2001 and December 31, 2002, listed by model

and serial number on the attached Exhibit A.

Refrigerator Exchange means the Refrigerator Exchange Benefit provided pursuant to

Section 5.2 of this Agreement.

Reimbursement means the Reimbursement Benefit provided pursuant to Sections 5.3.1

and 5.3.2 of this Agreement.

Released Party or Released Parties means GE (including all Affiliates of GE) and their

respective past and present officers, directors, employees, stockholders, partners, agents,

attorneys, parents, subsidiaries, predecessors, successors, assigns, representatives, subrogees,

insurers, and/or insureds, and their respective past and present officers, directors, employees,



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stockholders, partners, agents, attorneys, parents, subsidiaries, predecessors, successors, assigns,

representatives, subrogees, insurers, and/or insureds.

Releasing Party means each Plaintiff and each Settlement Class Member and any Person

claiming by or through them/him/her/it as their/his/her/its spouse, heir, associate, co-owner,

attorney, agent, administrator, devisee, predecessor, successor, assignee, trustee, representative of

any kind, shareholder, partner, director, employee, or affiliate.

Request for Exclusion is the written communication that must be mailed to the Claims

Administrator under Section 8 of this Agreement that is postmarked on or before the end of the

Opt Out Period if a Settlement Class Member wants to be excluded from the Settlement Class.

Settled Claim(s) means any claim, liability, right, demand, suit, matter, obligation,

damage, loss or cost (including the cost of remediation), action or cause of action, of every kind

and description that the Releasing Party has or may have, including assigned claims whether

known or unknown, asserted or unasserted, latent or patent, that is, has been, could reasonably

have been or in the future might reasonably be asserted by the Releasing Party either in the

Action or in any other action or proceeding in this Court or any other court or forum, regardless

of legal theory, and regardless of the type or amount of relief or damages claimed, against any of

the Released Parties arising from or in any way relating to a Moisture-Related Problem or the

allegations of the Complaints. Claims for personal injury are specifically excluded from the

definition of “Settled Claim(s).” Without limiting the generality of the foregoing, Settled

Claim(s) shall include, with regard to the foregoing subject matter:



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(1)

any claim for breach or violation of any federal, state, or local statute, regulation,

or ordinance, case law, common law, or other law;

(2)

(3)

any claim for breach of any duty imposed by law, by contract, or otherwise;

any claim based on strict product liability, negligence, reliance, breach of express

or

implied warranty,

racketeering,

fraud, conspiracy, consumer

fraud, negligent

misrepresentation/omission, or intentional misrepresentation/omission;

(4)

any claim arising from or in any way related to any defect, alleged defect, design,

manufacture, production, sale, promotion, distribution, assembly, or installation of a Refrigerator;

(5)

any claim related to property damage, loss of use, diminished value and/or

diminution of value, incidental damage, and/or consequential damage arising from or in any way

related to any Moisture-Related Problem or the allegations of the Complaints;

(6)

any claim for penalties, punitive damages, exemplary damages, or any claim for

damages based upon any multiplication or enhancement of compensatory damages associated

with (1) through (5) above; and

(7)

any claim for the recovery of costs, interest, or expenses related to the litigation of

the Action, including any claim for attorneys’ fees, costs, and expenses.

Settlement Class means all Persons in the 50 United States and District of Columbia

who, as of the Notice Date, purchased, owned, and/or currently own a Refrigerator. Excluded

from the Settlement Class are: (1) GE and any entity in which GE has a controlling interest or

which has a controlling interest in GE, and the legal representatives, assigns and successors of

GE; (2) the Judge to whom this case is assigned and any member of the Judge’s immediate



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family; and (3) all Persons who, in accordance with the terms of this Agreement, properly

execute and timely file a Request for Exclusion with the Claims Administrator under Section 8 of

this Agreement.

Settlement Class Member means a Person who is a member of the Settlement Class,

including, but not limited to, Plaintiff.

Settlement Class Representative means William F. Turner.

Term of Agreement or Term means the period commencing on the date of Preliminary

Approval and lasting until such time that the Claims Administrator finalizes the payment on the

last timely filed Claim unless otherwise directed by the Court.

2.

SETTLEMENT PURPOSES ONLY

2.1.

Solely for the purpose of settling these disputed Claims, including the dispute over

class certification, Plaintiff and GE have entered this Agreement and shall propose certification of

the Settlement Class. The Settlement Class shall be awarded the Benefits provided herein in

exchange for and in accordance with the terms and conditions of this Agreement.

2.2. GE and Plaintiff understand and agree that, pursuant to this Agreement, they are

compromising and settling disputed claims asserted by Plaintiff and the Settlement Class against

GE. Accordingly, GE and Plaintiff understand and agree that neither this Agreement (including

all terms thereof and exhibits thereto), nor performance under the terms of this Agreement by any

party thereto is, or shall be construed as an admission by GE of (1) the validity of any claim,

theory or fact; (2) any liability, fault or responsibility; (3) the existence, cause or extent of any

damages and/or losses alleged or suffered by any Settlement Class Member; or (4) the



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appropriateness of class certification in this Action . Further, GE and Plaintiff understand and

agree that neither this Agreement (including all terms thereof and exhibits thereto), nor

performance under the terms of this Agreement by any party thereto is, or shall be construed as,

an admission by Plaintiff, Settlement Class Members or Class Counsel of the validity of any fact

or defense asserted against them in this Action or in any other action.

2.3

This Agreement is without prejudice to any rights GE may have, including but not

limited to the rights of GE to: (a) oppose class certification in this Action should this Agreement

not be approved or implemented by the Court for any reason (including, but not limited to,

termination or the exercise of withdrawal rights by GE); (b) oppose class certification in any

other proposed or certified class action; (c) use the certification of a Class in the Action to oppose

certification of any other proposed or existing class relating to or purporting to assert any Settled

Claim(s); or (d) any other rights in the litigation.

2.4

The provisions of Sections 2.2 and 2.3 shall survive the termination of this

Agreement.

3.

REQUIRED EVENTS AND COOPERATION

3.1

Promptly after execution of this Agreement, Class Counsel shall submit this

Agreement to the Court for its Preliminary Approval.

3.2

Plaintiff shall obtain from the Court an order (the “Preliminary Approval Order”),

specifically including, inter alia, provisions that:

(a)

(b)

Appoint Plaintiff as the representative of the Settlement Class;

Appoint Class Counsel;



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(c)

Preliminarily and conditionally certify the Settlement Class under Rule 23

of the Federal Rules of Civil Procedure for settlement purposes only and

preliminarily approve this Agreement for purposes of issuing Notice;

(d) Determine or approve the form and contents of the Notice;

(e)

Schedule the Fairness Hearing to review any objections to this

Agreement; to consider its fairness, reasonableness, and adequacy under

Rule 23 of the Federal Rules of Civil Procedure; to consider whether the

Court shall issue a Final Order and Judgment approving this Agreement;

to review the application for an award of attorneys’ fees and

reimbursement of costs and expenses; and to dismiss with prejudice the

claims of Plaintiff and the Settlement Class in the Action.

3.3 GE and Plaintiff shall cooperate, assist, and undertake all reasonable actions in

order to accomplish these required events on the schedule set by the Court.

4.

SETTLEMENT FUNDING

4.1

GE commits to provide all reasonable funding necessary to provide Notice as

described in Section 7 below and to implement the Benefits program and as may otherwise be

required by the provisions of this Agreement.

5.

BENEFITS PROGRAM

5.1 Additional Warranty Protection: GE shall provide Settlement Class Members

with Additional Warranty Protection for Moisture-Related Problems in the Refrigerators. The

Additional Warranty Protection shall be for one year following the Notice Date. To obtain the

Additional Warranty Protection under this Section 5.1, Settlement Class Members must submit to



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the Claims Administrator a properly completed and executed Claim Form within 90 days from

the Notice Date (the Claim Deadline for Additional Warranty Protection). Further, to arrange for

a Moisture-Related Service Call pursuant to the Additional Warranty Protection of this Section

5.1, Settlement Class Members must call GE at 1-866-839-4463. All service and labor to be

performed pursuant to the Additional Warranty Protection shall be performed by a GE factory

service technician or an authorized GE customer care servicer.

In addition, for Settlement Class Members who have an existing service contract on their

Refrigerators and who timely submit a valid Claim for Additional Warranty Protection, GE will

provide a full year of Additional Warranty Protection for Moisture-Related Problems after the

existing service contract expires.

5. 2 Refrigerator Exchange: For any Settlement Class Member whose Refrigerator

has required three or more unsuccessful Moisture-Related Service Calls and still has a Moisture-

Related Problem, GE shall provide, in exchange for the Settlement Class Member’s Refrigerator,

a new GE refrigerator of like grade and quality with comparable features. To obtain the Benefit

under this Section 5.2, a Settlement Class Member must submit to the Claims Administrator a

properly completed and executed Claim Form within one year from the Notice Date (the Claim

Deadline for Refrigerator Exchange). The Settlement Class Member’s Claim Form must contain

the following required proof: (a) receipt(s), invoice(s), or purchase order(s) that clearly identify

the product(s) or service(s) purchased (or provided under Section 5.1) for the purpose of

resolving a Moisture-Related Problem (credit card statements will not be acceptable unless they

identify the product(s) purchased and/or service performed); and (b) a certification attesting,



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under penalty of perjury, that the Settlement Class Member’s Refrigerator required three or more

unsuccessful Moisture-Related Service Calls between the date of purchase of the Refrigerator

and one year from the Notice Date. The certification must also provide the dates on which each

Moisture-Related Service Call occurred and must attest that, at the time of the exchange, the

Refrigerator had a Moisture-Related Problem. Further, in order to receive the Benefit under this

Section, all Moisture-Related Service Calls that occur after the Notice Date must be performed by

a GE factory service technician or an authorized GE customer care servicer pursuant to Section

5.1.

In addition, Settlement Class Members who have an existing service contract on their

Refrigerators and who timely submit a valid Claim for Additional Warranty Protection under

Section 5.1 of the Settlement Agreement, shall have until the final day of the period of their

Additional Warranty Protection (one year from the service contract’s expiration date) to submit a

Claim for Refrigerator Exchange.

5.3 Reimbursement:



5.3.1 GE shall reimburse Settlement Class Members for the reasonable cost of

Moisture-Related Service Calls (including parts and labor) charged to the Settlement Class

Members by a GE factory service technician, an authorized GE customer care servicer, or a firm

or technician that holds a business license, or is otherwise demonstrably qualified to perform

major appliance service and repair work. The costs to be reimbursed under this Section 5.3.1

must have been incurred and paid by the Settlement Class Members between the date of purchase

of their Refrigerators and the Notice Date. To obtain the Benefit under this Section 5.3.1, a



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Settlement Class Member must submit to the Claims Administrator within 90 days from the

Notice Date (the Claim Deadline for Reimbursement) a properly completed and executed Claim

Form containing the following required proof: (a) receipt(s), invoice(s), or purchase order(s) that

clearly identify the product(s) or service(s) purchased for the purpose of resolving a Moisture-

Related Problem (credit card statements will not be acceptable unless they identify the product(s)

purchased and/or service(s) performed) and (b) a certification attesting, under penalty of perjury,

that the costs to be reimbursed were incurred in an attempt to repair Moisture-Related Problems

and identifying the date(s) on which each expenditure was incurred. Payments to Settlement

Class Members hereunder shall not be made until after the Effective Date.



5.3.2 GE shall reimburse Settlement Class Members whose Refrigerator required

three or more unsuccessful Moisture-Related Service Calls between the date of purchase of the

Refrigerator

and December

9,

2005,

and who,

because

of Moisture-

Related Problems, have replaced their Refrigerator during the period from the date of purchase of

the Refrigerator until December 9, 2005, for the reasonable cost of the replacement refrigerator

unit up to the amount of the purchase price of the original Refrigerator. To obtain the Benefit

under this Section 5.3.2, a Settlement Class Member must submit to the Claims Administrator

within 90 days from the Notice Date (the Claim Deadline for Reimbursement) a properly

completed and executed Claim Form containing the following required proof: (a) receipt(s),

invoice(s), or purchase order(s) that clearly identify the product(s) or service(s) purchased for the

purpose of resolving a Moisture-Related Problem (credit card statements will not be acceptable

unless they identify the product(s) purchased and/or service(s) performed); (b) receipt(s),



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invoice(s) or purchase order(s) that clearly identify the replacement refrigerator (credit card

statements will not be acceptable unless they identify the product(s) purchased); and (c) a

certification attesting, under penalty of perjury, that the Settlement Class Member’s Refrigerator

required three or more unsuccessful Moisture-Related Service Calls during the period running

from the date of purchase of the Refrigerator until December 9, 2005, that the Settlement Class

Member purchased the replacement product to replace a Refrigerator suffering from Moisture-

Related Problems, that the Settlement Class Member disposed of the Refrigerator, that the

Refrigerator is no longer in service, and that the Refrigerator still had a Moisture-Related

Problem at the time of disposal. Payments to Settlement Class Members hereunder shall not be

made until after the Effective Date.

6.

CLAIMS ADMINISTRATION

6.1

GE shall take all reasonable steps to administer the Claims of the Settlement Class.

Settlement Class Counsel shall have the right to monitor Claims Administration and review data

related to Claims Administration.

6.2

GE shall provide quarterly reports to Settlement Class Counsel that specify the

number of claims for Benefits by category as well as the Benefits provided to Settlement Class

Members, and that contain other material information that the parties mutually deem appropriate

and that is agreed to by GE and Plaintiff.

7.

NOTICE TO THE SETTLEMENT CLASS

7.1

Upon Preliminary Approval, and subject to Section 3 of this Agreement and as the

Court may direct, Notice shall be provided describing the Fairness Hearing and this Agreement to



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be provided to Settlement Class Members as provided in the Notice Plan, attached hereto as

Exhibit B.

7.2

The Notice shall advise Settlement Class Members of their rights, including the

right to opt out of the Class or file an objection to the Settlement. The Notice shall provide that

any objection to this Agreement, and any papers submitted in support of said objection, shall be

considered by the Court at the Fairness Hearing, only if, on or before a date to be specified in the

Notice (the Objection Date), the Person making an objection shall file with the Clerk of the Court

notice of his or her intention to object. Any objection to this Agreement must include:

(1)

Sufficient proof to determine membership in the Settlement Class;

(2) A statement of each objection asserted;

(3) A detailed description of the facts underlying each objection;

(4) A detailed description of the legal authorities supporting each objection;

(5)

A statement of whether the objector intends to appear and argue at the

Fairness Hearing and, if so, how long the objector anticipates needing to

present the objection; and

(6)

A list of the exhibits which the objector may offer during the Fairness

Hearing, along with copies of such exhibits.

Any Settlement Class Member who does not make and serve a written objection in the manner

prescribed above will be deemed to have waived any objections. A copy of any objection must

also be mailed to Scott Wm. Weinstein, WEINSTEIN BAVLY & MOON, P.A., 2400 First

Street, Suite 303, Ft. Myers, FL 33901, and Edward M. Waller, Jr. and Charles Wachter,



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FOWLER WHITE BOGGS BANKER P.A., 501 East Kennedy Blvd., Suite 1700, Tampa, FL

33602, postmarked by midnight on or before the date specified in the Notice (the Objection

Date).

8.

OPT OUT RIGHTS

8.1

A Settlement Class Member may opt out of the Settlement Class at any time

during the Opt Out Period. In order to exercise the opt out right, the Settlement Class Member

must complete and return a Request For Exclusion to the Claims Administrator during the Opt

Out Period and by the Opt Out Deadline. Except for those Settlement Class Members who have

properly opted out, all Settlement Class Members will be deemed a Settlement Class Member for

all purposes under this Agreement. Any Settlement Class Member who elects to opt out of the

Settlement Class shall not: (i) be bound by any orders or judgments entered in this Action; (ii) be

entitled to relief under or be affected by this Agreement; (iii) gain any rights by virtue of this

Agreement; or (iv) be entitled to object to any aspect of this Agreement. The Request For

Exclusion must be personally signed by the Settlement Class Member requesting exclusion.

8.2

The Settlement Class Member requesting exclusion from the Settlement Class

must submit a Request for Exclusion (containing his/her/its signature) by mail to the Claims

Administrator stating: (1) the Settlement Class Member’s name, address, and telephone number;

(2) the model number and serial number of the Refrigerator which the Settlement Class Member

purchased, owns and/or owned; and (3) a statement that the Settlement Class Member wishes to

be excluded from the Settlement Class.



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8.3

The Claims Administrator shall provide Class Counsel and GE’s counsel with

copies of all completed Requests For Exclusion within three (3) business days after expiration of

the Opt Out Period.

9.

RIGHT OF WITHDRAWAL

9.1

In the event that one thousand (1000) or more Settlement Class Members opt out

of the Settlement Class pursuant to Section 8 of this Agreement, GE shall have the right to

withdraw from this Agreement. If GE elects to exercise such withdrawal right, it must do so no

later than twenty (20) days after the end of the Opt Out Period. In the event that GE exercises its

withdrawal right, GE shall promptly notify Class Counsel and direct the Claims Administrator to

notify the Settlement Class, by, at a minimum, mailing information to those Settlement Class

Members who provided a mailing address to the Claims Administrator. Except as provided in

Section 12 hereof, GE shall bear all costs incurred in connection with implementation of this

Agreement and shall not seek to recover any costs from Class Counsel or any Settlement Class

Member in the event of withdrawal under this Section 9.

10.


EXCLUSIVE REMEDY; DISMISSAL OF ACTION;
JURISDICTION OF COURT

10.1 This Agreement shall be the sole and exclusive remedy for any and all Settled

Claims of all Settlement Class Members against the Released Parties. No Released Party shall be

subject to liability or expense of any kind to any Settlement Class Member with respect to any

Settled Claim. Upon entry of the Final Order and Judgment pursuant to the Fairness Hearing,

each of the Settlement Class Members shall be barred from initiating, asserting or prosecuting

any Settled Claim(s) against any Released Party, except that any individual Settlement Class



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Member who opts out of the Settlement Class pursuant to this Agreement shall retain whatever

rights the Settlement Class Member may have had against the Released Parties.

10.2 GE and Plaintiff agree that the Court shall retain exclusive and continuing

jurisdiction of the Action, GE, Plaintiff, Settlement Class Members and the Claims Administrator

to interpret and enforce the terms, conditions, and obligations under this Agreement.

11.

RELEASES

11.1 Upon entry of the Final Order and Judgment, each Releasing Party shall be

deemed to and does hereby release and forever discharge each Released Party of and from any

and all Settled Claims.

12.

CLASS COUNSEL FEES, COSTS AND EXPENSES

12.1 Subject to Court approval, GE has agreed to pay attorneys’ fees, costs and

expenses to Class Counsel in the total amount of $1,325,000 as follows:

(a)

$1,250,000 for fees, costs, expenses, and interest allocable to work

performed and costs and expenses incurred prior to the Effective Date and

payable within thirty (30) days after the Effective Date;

(b)

$50,000 for fees allocable to work performed after the Effective Date and

payable thirty (30) days after all Benefits have been provided to

Settlement Class Members pursuant to Section 5 above; and

(c)

$25,000 for actual out-of-pocket costs, expenses, and interest, if any,

incurred after the Effective Date and payable thirty (30) days after all

Benefits have been provided to Settlement Class Members pursuant to



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Section 5 above. Class Counsel shall provide actual invoices to document

such out-of-pocket costs and expenses.

12.2. Class Counsel agrees that (a) the fees, costs, and expenses set out in this Section

12 are in full and fair settlement of any claim for fees, costs, and expenses, for any activity

related to the litigation, settlement, consultation, administration of the Settlement, review, and

oversight related to all Claims, Benefits, and provisions referenced in this Agreement, (b) Class

Counsel shall not seek any award of fees, costs or expenses in addition to or in excess of the

amounts set out in section 12.1 and (c) GE shall not be required to pay any award of fees, costs,

expenses, or interest in addition to or in excess of the amounts set out in section 12.1, whether

sought by Class Counsel or by any other counsel acting on behalf of any Settlement Class

Member.

13.

REPRESENTATIONS AND WARRANTIES

13.1 GE represents and warrants: (a) that it has all requisite corporate power and

authority to execute, deliver and perform this Agreement and to consummate the transactions

contemplated hereby; (b) that the execution, delivery and performance of this Agreement and the

consummation by it of the actions contemplated herein have been duly authorized by all

necessary corporate action on the part of GE; and (c) that this Agreement has been duly and

validly executed and delivered by GE and constitutes its legal, valid and binding obligation.

13.2 Plaintiff and Class Counsel represent and warrant that they have the authority to

enter into and execute this Agreement and to consummate and perform the transactions



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contemplated herein; that this Agreement has been duly executed and delivered by them in good

faith; and that it constitutes a legal, valid and binding obligation.

14.

DISPUTE RESOLUTION PROVISION

14.1 GE and Plaintiff shall use reasonable efforts to agree on a Special Master to be

proposed to and appointed by the Court if disputes arise hereunder. If GE and Plaintiff are unable

to agree upon the proposed Special Master, the Court shall appoint the Special Master from a list

of potential Special Masters jointly recommended by GE and Plaintiff.

14.2 The Special Master shall resolve any disputes between the parties to this

Agreement regarding the terms and conditions of this Agreement and/or the parties’ rights under

this Agreement. Any decision by the Special Master shall be subject to review de novo by the

Court upon request of GE and/or Plaintiff.

15.

MISCELLANEOUS PROVISIONS

15.1

In addition to any Benefit under the Settlement, and in recognition of his efforts on

behalf of the Settlement Class, the Settlement Class Representative shall receive an award of

$1,500.00, subject to Court approval, as compensation for his time and effort serving as

Settlement Class Representative in this Action. The Settlement Class Representative agrees not

to seek or accept any amount in excess of the amount contained herein.

15.2 This Agreement, including all exhibits hereto, shall constitute the entire agreement

between GE and Plaintiff with regard to the subject of this Agreement and shall supersede any

previous agreements, representations, communications and understandings between GE and

Plaintiff with respect to the subject matter of this Agreement. This Agreement may not be

changed, modified, or amended except in writing signed by both GE and Class Counsel, subject



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to Court approval. GE and Plaintiff contemplate that the exhibits to this Agreement may be

modified by subsequent Agreement of GE and Class Counsel prior to dissemination to the

Settlement Class.

15.3 This Agreement shall be construed under and governed by the laws of the State of

Florida, applied without regard to laws applicable to choice of law. This Agreement may be

executed by GE and Plaintiff in one or more counterparts, each of which shall be deemed an

original but all of which together shall constitute one and the same instrument.

15.4 Any notice, instruction, application for Court approval or application for Court

orders sought in connection with this Agreement or other document to be given by GE to Plaintiff

and/or Settlement Class Members or by Plaintiff and/or Settlement Class Members to GE shall be

in writing and delivered personally or sent by registered or certified mail, postage prepaid, if to

GE to the attention of GE’s Counsel and to Class Counsel on behalf of Settlement Class

Members, or to other recipients as the Court may specify.

15.5 Plaintiff and GE acknowledge that they participated in the negotiation and drafting

of this Agreement, and that no provision in this Agreement shall be construed against or

interpreted to the disadvantage of either party by any court, or any governmental or judicial

authority, by reason of such party having or being deemed to have structured, dictated or drafted

such provision.

16.

TERMINATION OF THIS AGREEMENT

16.1 This Agreement shall, without notice, be automatically terminated if the proposed

Final Order and Judgment is not entered, if the Final Order and Judgment is reversed on appeal



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and the reversal becomes final, or in the event of GE’s withdrawal pursuant to Section 9 of this

Agreement. Upon termination, GE and Plaintiff shall be restored to their respective positions as

immediately prior to the date of execution of this Settlement Agreement except as otherwise

provided. Consistent with this Section, upon termination, any activity or obligation that GE may

have undertaken pursuant to this Agreement shall no longer be binding on GE, and GE shall no

longer be obligated to provide any Benefit hereunder. The provisions of this Section 16.1

notwithstanding, the provisions of Section 2.2 and 2.3 hereof shall survive any termination of this

Agreement and remain binding on the parties hereto.

16.2 Notwithstanding any other provision of this Agreement, if this Agreement is

terminated, GE hereby stipulates and agrees that Plaintiff may pursue his claims and those of the

putative Class by moving for class certification. In that event, GE will not object to the addition

or substitution of class representatives, if proposed by Plaintiff. Plaintiff agrees that GE may

oppose class certification on any and all other grounds nunc pro tunc without prejudice from the

existence of this Agreement, and shall pursue all legal remedies and defenses to the Claims.

17.

CONFIRMATORY DISCOVERY

17.1 GE hereby agrees that within sixty (60) days of the Order granting Preliminary

Approval of the Settlement, it shall provide to Plaintiff, upon request, and solely in connection

with implementation of the Settlement Agreement or the administration thereof, information

concerning and relevant to the scope of the Settlement Class and the Claims thereof pursuant to

the terms of a Confidentiality and Protective Order.



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18.

AUTHORITY TO SIGN

18.1 Any individual signing this Agreement on behalf of any Person represents and

warrants that he or she has full authority to do so.

18.2 Facsimile signatures shall be considered valid signatures as of the date hereof,

although the original signature pages shall thereafter be appended to this Agreement.


IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed
by itself or on its behalf by its duly authorized representatives, all as of the day set forth below.

Dated: December 9, 2005




GENERAL ELECTRIC COMPANY







______________________________
Hal N. Bogard
Senior Litigation Counsel
GE Consumer & Industrial
Appliance Park
Louisville, Kentucky 40225

______________________________
Edward M. Waller, Jr.
Charles Wachter
Fowler White Boggs Banker, P.A.
501 East Kennedy Boulevard
Suite 1700
Tampa, FL
Telephone: (813) 228-7411
Facsimile: (813) 229-8313

Counsel for General Electric Company




Dated: December 9, 2005













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Dated: December 9, 2005









Dated: December 9, 2005











______________________________
William F. Turner,
individually and on behalf
of the Settlement Class

CLASS COUNSEL

______________________________
Scott Wm. Weinstein
Weinstein, Bavly & Moon, P.A.
2400 First Street
Suite 303
Ft. Myers, FL 33901
Telephone: (239) 334-8844
Facsimile: (239) 334-1289

Gary E. Mason
The Mason Law Firm, P.C.
1225 19th Street, NW, Suite 500
Washington, D.C. 20038
Telephone: (202) 429-2290
Facsimile: (202) 429-2294

Alexander E. Barnett
The Mason Law Firm, P.C.
P.O. Box 230758
New York, NY 10023
Telephone: (212) 362-5770
Facsimile: (917) 591-5227

Jonathan W. Cuneo
Charles J. LaDuca
Cuneo Gilbert & LaDuca, L.L.P.
317 Massachusetts Avenue, N.E.
Suite 300
Washington, D.C. 20002
Telephone: (202) 789-3960
Facsimile: (202) 789-1813




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William M. Audet
Alexander Hawes & Audet, L.L.P.
300 Mongtomery Street
Suite 400
San Francisco, CA 94104
Telephone: (415) 921-1776
Facsimile: (415) 576-1776

Counsel for Plaintiff and the Settlement
Class





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