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White v. General Motors Corporation11/3/2000
bid, it chose to withdraw its bid on Thursday, June 10, 1999. Class Counsel proposed the substitution of Experian for Moore in its proposed order of Thursday, June 17, 1999. In light of Experian's willingness to match Moore's previous low bid, execute any "typical limitation" agreement with Polk in connection with the use of Polk's data and Experian's willingness to accomplish the mail-out within 14 to 21 days of the execution of the [June 21,1999] Order, the Court finds that Experian should be substituted to perform the [final notice/claim form] function as set forth in the Order of April 1.
GMC argues the trial court erred in approving Experian to perform the final notice/claim form function, because the April 1, 1999 order specifically provided that "the lowest responsible bidder" would perform the final notice/claim form function in the event Moore did not meet the lowest responsible bid. Although there is no proof in the record to support its claim, GMC, in brief, contends an entity known as Communications Concepts, Inc. was the lowest responsible bidder. The plaintiffs argue the trial court had the authority to resolve the dispute regarding the choice of the entity for the final notice/claim form function under Section VII.2(d) of the settlement agreement, which provides " ny dispute regarding the entities selected to print and mail the Notice shall be resolved by the Court ...."
We conclude the trial court impermissibly ordered Experian to perform the final notice/mail-out function. The April 1, 1999 order specifically provided that "if [Moore] does not agree to meet the lowest responsible bid for the [final notice/claim form] function in the Agreement, the lowest responsible bidder is selected for that function ...." Therefore, the trial court was bound to enforce its previous order. Even if the settlement agreement conferred upon the trial court the authority to resolve disputes regarding the entity chosen to print and mail the final notice/claim form function, the April 1, 1999 order indicated there is no dispute to be resolved - that is, upon Moore's default, the order stated "lowest responsible bidder is selected for that function."
In light of the trial court's April 1, 1999 order requiring that the final notice/claim form function be performed by the lowest responsible bidder, we conclude the trial court erred in approving Experian to perform the final notice/claim form function, and the order will be reversed in this regard.
TRIAL COURT'S AUTHORITY TO ORDER "GM/POLK" TO PROVIDE INFORMATION TO EXPERIAN
In assignment of error number two, GMC contends the trial court erred in ordering "GM/Polk" to "immediately provide Experian with the necessary database, subject to Experian's acquiescence to the 'typical limitations', to accomplish the [final notice/claim form] mail-out." In resolving assignment of error number three, we determined the trial court impermissibly approved Experian to perform the final notice/claim form mail-out function for the settlement of the class action claims. Therefore, we further conclude the trial court erred in ordering that any information be provided to Experian. The trial court's order to the contrary will be reversed.
DECREE
For the foregoing reasons, the June 21, 1999 order of the trial court is REVERSED IN PART and REMANDED. It is REVERSED insofar as it: (1) orders the inclusion of the cash option letter in the final notice/claim form mail-out, and (2) orders Experian to perform the final notice/claim form function, and (3) orders "GM/Polk" to provide Experian "with the necessary database, subject to Experian's acquiescence to the 'typical limitations', to accomplish the [final not
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