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      09-06-2020, 09:32 PM   #793
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There are high mileage BMW but they do have issues more than say a Honda.

Not all have this timing chain issue and not all that have this issue blow up.
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      09-06-2020, 10:29 PM   #794
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Quote:
Originally Posted by gbracerx1 View Post
So I have a 2013 with 98k. Basically BMW says their engine lasts only 100k is what I am reading into this. Hopefully because I changed my oil every 5-6k this thing will last. I really don't want car payments for another year or 2. I am shocked the lawyers agreed on this, there interest wasn't for the "clients"
The settlement is mostly for their clients; people that have already suffered damages. It's not geared to future issues.
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      09-09-2020, 05:50 PM   #795
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Full docket text for document 75:
ORDER granting [72] Plaintiff's Motion for Preliminary Approval of Class Action Settlement. etc. Signed by Magistrate Judge Cathy L. Waldor on 9/2/2020. (dam, )

WHEREAS, pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure,
the parties seek entry of an order preliminarily approving the settlement of this action pursuant to
the settlement agreement fully executed on August 21, 2020 (the “Settlement Agreement” or
“Settlement”), which, together with its attached exhibits, sets forth the terms and conditions for a
proposed settlement of the Action and dismissal of the Action with prejudice; and
WHEREAS, the Court has read and considered the Settlement and its exhibits, and
Plaintiffs’ Unopposed Motion for Preliminary Approval;
NOW, THEREFORE, IT IS ON THIS 2nd DAY OF SEPTEMBER, 2020,
ORDERED THAT:
1. This Order incorporates by reference the definitions in the Settlement, and all terms
used in this Order shall have the same meanings as set forth in the Settlement.
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 1 of 8 PageID: 2499
2
2. The Court preliminarily approves the Settlement as being within the realm of
reasonableness to the Settlement Class, subject to further consideration at the Final Approval
Hearing described below.
3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court certifies, solely
for purposes of effectuating the Settlement, the Settlement Class as follows:
All current (as of the Effective Date) and former owners and lessees
in the United States, including the District of Columbia and Puerto
Rico, of certain of the following U.S.-specification BMW vehicles
distributed, registered, and operated in the United States, including
the District of Columbia and Puerto Rico:
Model Description Model Years
X1 SAV 2012 - 2015
X3 SAV 2013-2015
X4 SAV 2015
Z4 2012 - 2015
228i Coupe, Convertible 2014-2015
320i Sedan 2012-2015
328i Sedan, Sports Wagon, Gran Turismo 2012-2015
428i Coupe, Convertible, Gran Coupe 2014-2015
528i Sedan 2012 - 2015
*Model Years are not fully indicative of actual vehicles, which will
depend on production ranges.
Excluded from the Class are: Defendant, as well as Defendant’s affiliates, employees, officers,
and directors, attorneys, agents, insurers, third-party providers of extended warranty/service
contracts, franchised dealers and their owners and immediate family members, independent
repair/service facilities and their owners and immediate family members, fleet owners and
operators, rental companies and vehicles, the attorneys representing Defendant in this case, the
Judges and Mediator to whom this case is assigned and their immediate family members, all
persons who request exclusion from (opt-out of) the Settlement, vehicles with a salvage title or
deemed a total loss, vehicles purchased from salvage yards/junkyards/recyclers, anyone claiming
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 2 of 8 PageID: 2500
3
personal injury or property damage other than to a Class Vehicle or through subrogation, all
persons who previously released any claims encompassed in this Settlement, and vehicles
transported outside the United States.
4. The Court appoints Kantrowitz, Goldhamer & Graifman, P.C., Thomas P. Sobran,
Esq., and Nagel Rice, LLP as Settlement Class Counsel for the Settlement Class. Any Settlement
Class Member may enter an appearance in the action, at his, her, or its own expense, either
individually or through counsel. However, if they do not enter an appearance, they will be
represented by Settlement Class Counsel.
5. The Court appoints Plaintiffs Artem V. Gelis, Bhawar Patel, Robert McDonald, James
V. Olson, Gregory Heyman, Susan Heyman, Debra P. Ward, Darrian Stovall, Alex Martinez,
Amanda Gorey, Chris Williams, Ashok Patel, Kenneth Gagnon, Michael Cerny, Maria Meza,
Andre Malske, Nicole Guy, David Richardson, Stacey Turner, and Eric T. Zinn as Settlement
Class Representatives.
6. The Court preliminarily finds, solely for purposes of the Settlement, that: (a) the
Settlement Class is so numerous that joinder of all Settlement Class Members in the Action is
impracticable; (b) there are questions of law and fact common to the Settlement Class that
predominate over any individual questions; (c) the claims of the Settlement Class Representatives
are typical of the claims of the Settlement Class; (d) the Settlement Class Representatives and
Settlement Class Counsel have and will continue to fairly and adequately represent and protect the
interests of the Settlement Class; and (e) a class action is superior to all other available methods
for the fair and efficient adjudication of the controversy. The Court preliminarily finds that
certification of the Settlement Class is appropriate when balanced against the risks relating to
further litigation. It further appears that extensive and costly investigation, research, and discovery
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 3 of 8 PageID: 2501
4
have been conducted such that the attorneys for the parties are reasonably able to evaluate the
benefits of settlement, which will avoid substantial additional costs to the parties and reduce delay
and risks associated with this action. It further appears that the Settlement has been reached as a
result of intensive, arm’s-length negotiations using an experienced third-party neutral.
7. The Court approves the form and content of the Settlement Class Notice (Exhibit A to
the Settlement Agreement) and Claim Form (Exhibit B to the Settlement Agreement). The Court
finds that the mailing of the Settlement Class Notice in the manner set forth in the Settlement, as
well as the establishment of a settlement website and toll-free number, satisfies due process. The
foregoing is the best notice practicable under the circumstances and shall constitute due and
sufficient notice to all Settlement Class Members entitled to Settlement Class Notice. The Court
authorizes the Parties to make non-material modifications to the Settlement Class Notice and
Claim Form prior to publication if they jointly agree that any such changes are appropriate.
8. The Court directs that, if they have not already done so, Defendant’s Counsel shall
provide notice under the Class Action Fairness Act, 28 U.S.C. 1715 to the States’ Attorneys
General within ten (10) days from the date of this Order.
9. The Court appoints Rust Consulting as the Claims Administrator. The Claims
Administrator is directed to perform all settlement administration duties set out in the Settlement
Agreement, including:
a. Establishing, maintaining, and administering a toll-free phone number and
a website, on or before November 23, 2020 dedicated to the Settlement which will provide
information about the Settlement including all relevant documents and will provide information
on how Settlement Class Members may submit their claims by U.S. Mail or through an online
portal on the website.
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 4 of 8 PageID: 2502
5
b. Disseminating Settlement Class Notice on or before December 8, 2020 by:
i. Individual direct mail (first class) notice regarding the Settlement
will be sent to all current and former owners and lessees of Class Vehicles using BMW NA’s
database and information from state motor vehicle agencies obtained by Experian Information
Solutions, Inc. or similar provider; and
ii. Publication on a website to be established and maintained by the
Claims Administrator.
10. At least ten days before the Final Approval Hearing, Defendant shall file an
affidavit from the Claims Administrator (i) indicating the number of claims, requests for exclusion,
and objections submitted by Settlement Class Members to date; and (ii) attesting that Settlement
Class Notice was disseminated in a manner consistent with the terms of this Settlement Agreement
and the Class Action Fairness Act, 28 U.S.C. 1711 et seq., or those otherwise required by the
Court.
11. If Settlement Class Members do not wish to participate in the Settlement Class they
may exclude themselves. All requests to be excluded from the Settlement Class must be in writing,
sent to the Claims Administrator at the addresses set forth in the Settlement Class Notice, and
postmarked on or before the Opt-Out Deadline, which is January 19, 2021.
a. Any request for exclusion must (1) state the Settlement Class Member’s full
name and current address; (2) identify the model year and Vehicle Identification Number (“VIN”)
of his/her vehicle(s) and the date(s) of purchase or lease; and (3) specifically and clearly state
his/her desire to be excluded from the Settlement and from the Settlement Class. No Request for
Exclusion will be valid unless all of the information described above is included. All Settlement
Class Members who exclude themselves from the Settlement Class will not be eligible to receive
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 5 of 8 PageID: 2503
6
any benefits under the settlement, will not be bound by any further orders or judgments entered
for or against the Settlement Class, and will preserve their ability to independently pursue any
claims they may have against BMW and other Released Persons.
12. Any Settlement Class Member who has not previously submitted a Request for
Exclusion may object to the Settlement and appear at the Final Approval Hearing to support or
oppose the approval of the Settlement Agreement.
a. The following information must be provided in the Settlement Class
Member’s written objection: (1) his/her full name, current address, and current telephone number;
(2) the model year and model of his/her Vehicle(s), as well as the VIN of his/her Vehicle(s) and
the date(s) of purchase or lease; (3) whether the objection applies only to the objecting Class
Member, to a specific subset of the Class, or to the entire Class; (4) a statement of the position(s)
the objector wishes to assert, including the factual and legal grounds for the position; (5) provide
copies of relevant repair history or other proof that the objector has owned or leased the Settlement
Class Vehicle (i.e., a true copy of a vehicle title, registration, or license receipt); and (6) any other
documents that the objector wishes to submit in support of his/her position and of any other
documents that the objector wishes to submit in support of his/her position. To be valid, an
objection also must include a detailed statement of each objection asserted, including the grounds
for objection. In addition, any Settlement Class Member objecting to the Settlement must provide
a detailed statement of any objections to any other class action settlements submitted in any court,
whether state, federal, or otherwise, in the United States in the previous five (5) years. If the
Settlement Class Member has not objected to any other class action settlement in any court in the
United States in the previous five (5) years, he/she must affirmatively so state in the written
materials provided in connection with the objection to this Settlement.
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 6 of 8 PageID: 2504
7
b. All objections and requests to appear at the Final Approval Hearing must
be in writing, sent to the Clerk of this Court, the Claims Administrator, Settlement Class Counsel,
and Defendant’s Counsel at the addresses set forth in the Settlement Class Notice. All objections
and requests to appear must be postmarked on or before January 19, 2021.
13. Any Settlement Class Member who does not object in the manner provided in this
Order shall be deemed to have waived such objections and shall forever be foreclosed from
objecting to the fairness, reasonableness, or adequacy of the proposed settlement and any judgment
approving the settlement.
14. Settlement Class Counsel shall file their motion for an award of attorneys’ fees,
inclusive of costs, expenses, and Settlement Class Representative Service Payments by December
8, 2020. Defendant shall file any objection or opposition to the motion by December 31, 2020.
Settlement Class Counsel shall file any reply papers by January 14, 2020.
15. Settlement Class Counsel shall file their Final Approval Motion by February 1,
2021.
16. The Court hereby schedules the Final Approval Hearing for February 16, 2021 at
11:00 a.m. in Courtroom 4D of the U.S. Courthouse for the District of New Jersey, Newark, New
Jersey The Final Approval Hearing will take place in the United States District Court for the
District of New Jersey, Martin Luther King, Jr. Federal Building & U.S. Courthouse, 50 Walnut
Street, Newark NJ 07102, to determine whether the proposed Settlement should be approved as
fair, reasonable, and adequate, whether a judgment should be entered approving the Settlement,
and whether Settlement Class Counsel’s application for attorneys’ fees and for incentive awards
to the Settlement Class Representatives should be approved. The Court may adjourn the Final
Approval Hearing without further notice to Settlement Class Members.
Case 2:17-cv-07386-CLW Document 75 Filed 09/09/20 Page 7 of 8 PageID: 2505
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17. Settlement Class Members shall have until the later of thirty (30) days after the
entry of the Final Approval Order or the Effective Date of the Settlement to submit Claim Forms.
Claim Forms must be postmarked by that date to be considered timely.
Honorable Cathy L. Waldor
United States Magistrate Judge
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      09-09-2020, 11:00 PM   #796
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Is it a n26?
The n26's have longer warranties
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      09-10-2020, 08:17 AM   #797
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So as I understand it...I have a 2013 328i that blew at 83100 miles. I have since had it repaired for $5800 by an independent that put a 2016 engine in it. Does that mean that BMW is now on the hook for 55% of the repairs. The car was officially diagnosed at a BMW dealer and sat for months before I finally decided to have the engine replaced.
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      09-11-2020, 10:49 AM   #798
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Interesting that the 328XI is not listed - I assume it would still be covered...

3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court certifies, solely
for purposes of effectuating the Settlement, the Settlement Class as follows:
All current (as of the Effective Date) and former owners and lessees
in the United States, including the District of Columbia and Puerto
Rico, of certain of the following U.S.-specification BMW vehicles
distributed, registered, and operated in the United States, including
the District of Columbia and Puerto Rico:
Model Description Model Years
X1 SAV 2012 - 2015
X3 SAV 2013-2015
X4 SAV 2015
Z4 2012 - 2015
228i Coupe, Convertible 2014-2015
320i Sedan 2012-2015
328i Sedan, Sports Wagon, Gran Turismo 2012-2015
428i Coupe, Convertible, Gran Coupe 2014-2015
528i Sedan 2012 - 2015
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      09-11-2020, 11:01 AM   #799
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Quote:
Originally Posted by Bmac850 View Post
So as I understand it...I have a 2013 328i that blew at 83100 miles. I have since had it repaired for $5800 by an independent that put a 2016 engine in it. Does that mean that BMW is now on the hook for 55% of the repairs. The car was officially diagnosed at a BMW dealer and sat for months before I finally decided to have the engine replaced.
I do not have the chart in front of me but yes, they will be responsible for a portion as long as you have a valid receipt, etc
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      09-11-2020, 03:12 PM   #800
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Quote:
Originally Posted by arsenal View Post
Interesting that the 328XI is not listed - I assume it would still be covered...
[/I]
"xi" is not an F30 N20/26 model ..."xi" was used on previous generation 3-series E39 models to designate x-drive
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      09-12-2020, 12:24 AM   #801
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I am not familiar with how this settlement works. I had 74K when I had my timing chain and guides replaced by a bmw dealer. I think I should get 75% as my car is not 8 years old yet 2013 328i.

1) when will I get the money? What's the pay day? I think I have to wait until Feb
2) my third party warranty paid for the repair so who gets the 75% back?

I would love to spend the warranty money on the car
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      09-13-2020, 12:58 PM   #802
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Is this timing chain issue also applicable to 2016 f30s?
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      09-13-2020, 03:02 PM   #803
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Quote:
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Is this timing chain issue also applicable to 2016 f30s?
If it was built after 03/15 then probably no. Otherwise, if it is before 03/15 then definitely yes. there is speculation that they probably used up the old materials within 03/15, 04/15. So I would say if it is after 05/15 then it's probably a solid no.


Whether they immediately started to use the new materials, and discarded the old materials, or simply used up the old ones before beginning to use the new ones is unconfirmed. I have never found a source that confirmed that.
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      09-13-2020, 06:14 PM   #804
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Quote:
Originally Posted by Slick_FThirty View Post
Quote:
Originally Posted by gnolivos View Post
Is this timing chain issue also applicable to 2016 f30s?
If it was built after 03/15 then probably no. Otherwise, if it is before 03/15 then definitely yes. there is speculation that they probably used up the old materials within 03/15, 04/15. So I would say if it is after 05/15 then it's probably a solid no.


Whether they immediately started to use the new materials, and discarded the old materials, or simply used up the old ones before beginning to use the new ones is unconfirmed. I have never found a source that confirmed that.
Thank you. Mine says 9/15 on door jamb. Hopefully I won't be having this issue to deal with cause my car is a keeper if I can make it last.
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      09-13-2020, 06:43 PM   #805
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Quote:
Originally Posted by gnolivos View Post
Quote:
Originally Posted by Slick_FThirty View Post
Quote:
Originally Posted by gnolivos View Post
Is this timing chain issue also applicable to 2016 f30s?
If it was built after 03/15 then probably no. Otherwise, if it is before 03/15 then definitely yes. there is speculation that they probably used up the old materials within 03/15, 04/15. So I would say if it is after 05/15 then it's probably a solid no.


Whether they immediately started to use the new materials, and discarded the old materials, or simply used up the old ones before beginning to use the new ones is unconfirmed. I have never found a source that confirmed that.
Thank you. Mine says 9/15 on door jamb. Hopefully I won't be having this issue to deal with cause my car is a keeper if I can make it last.
You should have the new timing chain and guide. It appears that the new parts are not exhibiting the same issues based on the forums and general internet.

However, this is a time and mileage component, so something could appear, not that I'm trying to scare you. But you should be good.
It is advisable to still do regular oil changes (not BMW intervals) for many reasons, including the timing chain as with any oil-dependant mechanical component.
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      09-14-2020, 12:20 PM   #806
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Quote:
Originally Posted by Slick_FThirty View Post
You should have the new timing chain and guide. It appears that the new parts are not exhibiting the same issues based on the forums and general internet.

However, this is a time and mileage component, so something could appear, not that I'm trying to scare you. But you should be good.
It is advisable to still do regular oil changes (not BMW intervals) for many reasons, including the timing chain as with any oil-dependant mechanical component.
I have an N20 in an LCI 320i and want to keep an eye on everything, but knowing about the previous timing chain issues, I'm still concerned.

What's the best interval to get oil changed if I live in NY and drive between 6k and 7k suburb/city miles per year (don't use it for commuting, no family/kids so simply my way of getting around locally). Is it every 6 months no matter what? Should I do it even more frequently?
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      09-14-2020, 03:06 PM   #807
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Quote:
Originally Posted by MGengarEX View Post
Quote:
Originally Posted by Slick_FThirty View Post
You should have the new timing chain and guide. It appears that the new parts are not exhibiting the same issues based on the forums and general internet.

However, this is a time and mileage component, so something could appear, not that I'm trying to scare you. But you should be good.
It is advisable to still do regular oil changes (not BMW intervals) for many reasons, including the timing chain as with any oil-dependant mechanical component.
I have an N20 in an LCI 320i and want to keep an eye on everything, but knowing about the previous timing chain issues, I'm still concerned.

What's the best interval to get oil changed if I live in NY and drive between 6k and 7k suburb/city miles per year (don't use it for commuting, no family/kids so simply my way of getting around locally). Is it every 6 months no matter what? Should I do it even more frequently?
Oil change intervals are sometimes a matter of personal preference and perspectives. You can't change the oil too often, and increasing frequency is simply better. However, we need to draw a line between practicality and ideal.

Because my car is effected, I change my oil every 5k km. I don't drive as much and I have good deals on my oil.

If my car wasn't effected, I would change my oil every 8k km. I would never go longer than 8k km, and change between 7.5-8k km for any car even if it is highway miles or if I drive very carefully. Good oil changes is your warranty. It can prevent a lot of problems.

No fluid is lifetime and 20k km oil change intervals are ridiculous.

Side note: when I say oil change, this also includes the filter.

As for duration, my rule is max 6 months. Although, it appears 12 months seems to be the norm.

It's either the time duration or KM Mark, whichever comes first to trigger the oil change.
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      09-15-2020, 05:20 PM   #808
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Ugh. Just found out today my timing chain guide is broken, chain is loose, oil intake for the turbo blew out and the exhaust VANOS cant adjust (Vanos error, Timing chain outside acceptable range after turbo inlet was replaced)

Reading this sucked, first I googled that a preliminary settlement was reached on Aug 31, then found out it doesn't get approved until feb 16, then found out over 100k miles is excluded (I'm at 130k).

What a joke, who cares about the miles they made a faulty engine, they should be responsible regardless if its 1 mile or 200k miles on the car.

No way I'm paying the dealer 5.6k to fix everything..maybe ill buy a tesla now after this (4th bmw Ive owned, all CPO with under 20k miles, all shit the bed around 120k miles, plus the new x5 for the wife, cant wait to see what this thing will cost me in a few years)
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      09-16-2020, 11:23 AM   #809
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Quote:
Originally Posted by Fus10nv2 View Post
Ugh. Just found out today my timing chain guide is broken, chain is loose, oil intake for the turbo blew out and the exhaust VANOS cant adjust (Vanos error, Timing chain outside acceptable range after turbo inlet was replaced)

Reading this sucked, first I googled that a preliminary settlement was reached on Aug 31, then found out it doesn't get approved until feb 16, then found out over 100k miles is excluded (I'm at 130k).

What a joke, who cares about the miles they made a faulty engine, they should be responsible regardless if its 1 mile or 200k miles on the car.

No way I'm paying the dealer 5.6k to fix everything..maybe ill buy a tesla now after this (4th bmw Ive owned, all CPO with under 20k miles, all shit the bed around 120k miles, plus the new x5 for the wife, cant wait to see what this thing will cost me in a few years)
I hear you. I am dead at 101k miles. Both dealers I have gone to has told me to just sell it as is at this point. Not worth the value to repair. Total BS
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      09-16-2020, 02:46 PM   #810
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I hear you. I am dead at 101k miles. Both dealers I have gone to has told me to just sell it as is at this point. Not worth the value to repair. Total BS
What can you even get for it at this point lol, in good condition, it's worth around ~7k, so what maybe 1, 2k. The kicker is, I pay mine off in 4 months.
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      09-16-2020, 06:32 PM   #811
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Quote:
Originally Posted by Fus10nv2 View Post
Ugh. Just found out today my timing chain guide is broken, chain is loose, oil intake for the turbo blew out and the exhaust VANOS cant adjust (Vanos error, Timing chain outside acceptable range after turbo inlet was replaced)

Reading this sucked, first I googled that a preliminary settlement was reached on Aug 31, then found out it doesn't get approved until feb 16, then found out over 100k miles is excluded (I'm at 130k).

What a joke, who cares about the miles they made a faulty engine, they should be responsible regardless if its 1 mile or 200k miles on the car.

No way I'm paying the dealer 5.6k to fix everything..maybe ill buy a tesla now after this (4th bmw Ive owned, all CPO with under 20k miles, all shit the bed around 120k miles, plus the new x5 for the wife, cant wait to see what this thing will cost me in a few years)
Was there a whine? Any preliminary symptoms?

What intervals did you do for oil change?
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      09-19-2020, 05:29 PM   #812
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I currently have a 2012 528i with 97k miles. I haven't been able to hear any noticeable whine but I'm constantly worried every time I get in it. Will I be covered in this settlement?
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      09-19-2020, 08:00 PM   #813
sjbender
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Drives: '01 E46, '13 F10 (seized)
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Originally Posted by Fus10nv2 View Post
What can you even get for it at this point lol, in good condition, it's worth around ~7k, so what maybe 1, 2k. The kicker is, I pay mine off in 4 months.
Sold the car today for $5500. This is the end of the road for me and the N20 story. I will keep checking the PACER and updating as the changes are posted. Good luck to everyone involved.
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      09-19-2020, 08:04 PM   #814
sjbender
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Drives: '01 E46, '13 F10 (seized)
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Quote:
Originally Posted by sai528i View Post
I currently have a 2012 528i with 97k miles. I haven't been able to hear any noticeable whine but I'm constantly worried every time I get in it. Will I be covered in this settlement?
Settlement decreases as miles go up ending at 100,000 miles. BTW, my 2013 528i Xdrive died with 101,000 miles on it with zero symptoms.
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