12-18-2019, 12:05 PM | #265 | |
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How this decision is taking so long? What is the defense line holding BMW this far in court? It is obvious they have a unreliable mechanism that when fails (quite high incidence) the whole engine is dead lost. Poor and irresponsible design. |
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12-20-2019, 08:40 AM | #267 |
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This is the complete summary history of the case
Doc.
No. Dates Description Filed & Entered: 12/12/2019 Docket Text Telephone Conference 58 Filed & Entered: 12/12/2019 Docket Text Order 57 Filed & Entered: 11/14/2019 Docket Text Order Filed & Entered: 10/31/2019 Docket Text Telephone Conference 56 Filed & Entered: 10/31/2019 Docket Text Order 55 Filed & Entered: 09/24/2019 Docket Text Order Filed & Entered: 09/16/2019 Docket Text Telephone Conference 54 Filed & Entered: 09/16/2019 Docket Text Order 53 Filed & Entered: 08/12/2019 Docket Text Order 52 Filed & Entered: 07/25/2019 Docket Text Order Reassigning Case Filed & Entered: 04/10/2019 Docket Text Telephone Conference Filed & Entered: 03/15/2019 Docket Text Telephone Conference 51 Filed & Entered: 03/15/2019 Docket Text Order 50 Filed & Entered: 03/08/2019 Docket Text Answer to Amended Complaint 49 Filed: 02/28/2019 Entered: 03/01/2019 Docket Text Scheduling Order 48 Filed & Entered: 02/14/2019 Docket Text Letter 46 Filed & Entered: 02/04/2019 Docket Text Stipulation and Order 47 Filed & Entered: 02/04/2019 Docket Text Amended Complaint 45 Filed & Entered: 01/23/2019 Docket Text Letter Filed & Entered: 12/03/2018 Docket Text Status Conference 44 Filed & Entered: 12/03/2018 Docket Text Order 42 Filed: 10/30/2018 Entered: 10/31/2018 Docket Text Opinion 43 Filed: 10/30/2018 Entered: 10/31/2018 Docket Text Order on Motion to Dismiss 41 Filed: 09/24/2018 Entered: 09/25/2018 Docket Text Stipulation and Order 40 Filed & Entered: 09/21/2018 Docket Text Letter 39 Filed: 09/17/2018 Entered: 09/18/2018 Docket Text Order 38 Filed & Entered: 09/13/2018 Docket Text Letter Filed & Entered: 09/11/2018 Docket Text Telephone Conference 37 Filed & Entered: 09/11/2018 Docket Text Order 36 Filed & Entered: 06/22/2018 Docket Text Reply Brief to Opposition to Motion 35 Filed & Entered: 06/21/2018 Docket Text Letter 34 Filed & Entered: 06/07/2018 Docket Text Memorandum in Opposition of Motion 33 Filed & Entered: 06/05/2018 Docket Text Letter Filed & Entered: 05/23/2018 Docket Text Pretrial Conference - Initial Filed & Entered: 05/23/2018 Docket Text Set/Reset Motion and R&R Deadlines/Hearings 31 Filed & Entered: 05/23/2018 Docket Text Scheduling Order 32 Filed & Entered: 05/23/2018 Docket Text Stipulation and Order 30 Filed & Entered: 05/21/2018 Docket Text Letter 29 Filed & Entered: 05/15/2018 Docket Text Letter Filed & Entered: 04/18/2018 Docket Text Remark Filed & Entered: 04/17/2018 Docket Text Notice of Judicial Preferences 27 Filed & Entered: 04/17/2018 Docket Text Declaration 28 Filed & Entered: 04/17/2018 Docket Text Order 26 Filed & Entered: 04/16/2018 Terminated: 10/30/2018 Docket Text Motion to Dismiss 25 Filed: 04/06/2018 Entered: 04/09/2018 Docket Text Stipulation and Order 24 Filed & Entered: 04/02/2018 Docket Text Letter Filed & Entered: 03/05/2018 Docket Text QC - Generic Message 23 Filed & Entered: 03/05/2018 Docket Text Amended Complaint Filed & Entered: 03/02/2018 Docket Text Pro Hac Vice Fee Received Filed & Entered: 03/02/2018 Docket Text Notice of Pro Hac Vice counsel added 22 Filed & Entered: 03/02/2018 Docket Text Amended Complaint 21 Filed & Entered: 03/01/2018 Docket Text Notice of Pro Hac Vice to Receive NEF 18 Filed & Entered: 02/27/2018 Docket Text Order on Motion for Leave to Appear 19 Filed: 02/27/2018 Entered: 02/28/2018 Docket Text Order 20 Filed: 02/27/2018 Entered: 02/28/2018 Docket Text Order on Motion to Appoint Counsel 17 Filed & Entered: 02/22/2018 Docket Text Letter Filed & Entered: 02/07/2018 Docket Text Remark Filed & Entered: 02/07/2018 Docket Text Remark 15 Filed & Entered: 02/06/2018 Terminated: 02/27/2018 Docket Text Motion for Leave to Appear Pro Hac Vice 16 Filed & Entered: 02/06/2018 Terminated: 02/27/2018 Docket Text Motion to Appoint Counsel 13 Filed & Entered: 01/25/2018 Docket Text Notice of Appearance 14 Filed & Entered: 01/25/2018 Docket Text Notice of Appearance 12 Filed: 01/24/2018 Entered: 01/25/2018 Docket Text Order on Motion to Consolidate Cases 11 Filed & Entered: 12/29/2017 Docket Text Summons Returned Executed 10 Filed & Entered: 12/21/2017 Docket Text Letter Filed & Entered: 12/20/2017 Docket Text Set/Reset Motion and R&R Deadlines/Hearings 9 Filed & Entered: 12/15/2017 Terminated: 01/24/2018 Docket Text Motion to Consolidate Cases 8 Filed & Entered: 11/22/2017 Docket Text Summons Returned Executed Filed & Entered: 11/13/2017 Docket Text Update Answer Due Deadline 7 Filed & Entered: 11/13/2017 Docket Text Stipulation and Order 6 Filed & Entered: 11/12/2017 Docket Text Stipulation Filed & Entered: 10/20/2017 Docket Text Update Answer Due Deadline 5 Filed & Entered: 10/20/2017 Docket Text Application for Clerk's Order to Ext Answer/Proposed Order 4 Filed & Entered: 10/06/2017 Docket Text Corporate Disclosure Statement (aty) 3 Filed & Entered: 09/25/2017 Docket Text Summons Issued Filed & Entered: 09/22/2017 Docket Text Case Assigned/Reassigned Filed: 09/22/2017 Entered: 09/25/2017 Docket Text QC - Disclosure Statement filed as an Attachment 1 Filed & Entered: 09/22/2017 Docket Text Complaint 2 Filed: 09/22/2017 Entered: 09/25/2017 Docket Text Corporate Disclosure Statement |
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12-21-2019, 07:31 AM | #268 |
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This engine is known to have timing chain issues. Eco pro may make the problem worse as you are using ASS all the time. Better to use comfort and have ASS coded to remember last setting and to leave it off. Extended warranty or recall is the best option.
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12-21-2019, 07:53 AM | #269 | |
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I never use ASS and it’s always coded off whenever I fire up the car. And I’m hoping for a recall as I want others to benefit from what my dealer did for me. |
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12-23-2019, 02:00 PM | #270 |
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I don't think eco pro is an issue at all - ASS is not ideal - I have mine coded off
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12-24-2019, 12:34 PM | #272 |
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Murphy's law..
my N26 let go at 26K and not related to the TC. Engine has 6K on it now. I doubt I'll have it long enough to know if it gets to 100K on the replacement engine lol. That new Corvette has my name all over it.....
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12-24-2019, 01:52 PM | #273 |
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Warranty replacement? Curious what went on it
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01-02-2020, 09:54 PM | #274 |
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Change to settlement date...
Full docket text for document 59:
TEXT ORDER: The Court will grant counsels request to adjourn the 2/3/20 conference to 2/14/20 at 10:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 1/2/20. (tjg, ) |
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01-03-2020, 10:55 PM | #275 |
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Settlement REQUEST from original filed complaint
This is what the filed class action suit is requesting as relief. It does not mean that this will be awarded. Could be less, could be more BUT it has to be addressed. 2/14/2020 is the new hearing date.
RELIEF DEMANDED Wherefore, proposed class representative request: (a) A proposed Order pursuant to Fed. R. Civ. P. 23(c) certifying the class and/or subclass as defined in ¶ 19 with such modifications, if any, to the proposed certification as required by the Court for the efficient and equitable administration of justice in this proceeding; (b) An Order appointing proposed class representative as representative of the proposed class and designating the law firms of Kantrowitz, Goldhamer & Graifman, P.C. and Thomas P. Sobran P.C. as counsel for the proposed class pursuant to Fed. R. Civ. P. 23(g); (c) Judgment for proposed class representative and proposed class members against the defendants on all issues and counts; (d) Damages for proposed class representative and proposed class members, including but not limited to multiple damages, together with interest, prejudgment interest, costs and attorneys’ fees; (e) Restitution for all engine repairs incurred by proposed class representative and proposed class members resulting from the defectively designed and manufactured chain primary and secondary chain assemblies and incorrect maintenance and service intervals as set forth in the class vehicles’ owner’s manuals; (f) Restitution of incidental expenses incurred by proposed class representative and proposed class members, including but not limited to rental vehicles and other substitute transportation; (g) A Court issued declaratory judgment declaring that all class vehicle claims caused by their defective chain assemblies are within the scope of the class vehicles’ warranty coverage; and, (h) Any other relief deemed necessary by the Court. |
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01-03-2020, 10:59 PM | #276 |
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Original filed complaint
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01-06-2020, 10:41 PM | #277 |
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Do you/anyone think the oil pump chain/sprocket will be covered under the class action lawsuit?
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01-09-2020, 02:10 PM | #279 |
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Ah, must've missed it. Thanks!
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01-12-2020, 12:06 PM | #280 |
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I'm considering buying a CPO, to replace my 2009 328. I would only buy a 2016 if BMW becomes responsible for this crap N20 time chain design at minimum up to 100,000 miles. Otherwise I think I must go with 2017 and B48. I'm curious what this legal action will result.
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01-14-2020, 10:03 AM | #281 |
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So at this point, should I...
a) Pay the 13K to get a new engine installed, and hope for restitution once the lawsuit has been settled or... b) Wait til the lawsuit is settled, and have my car towed to the dealer for repairs assuming the warranty is extended My engine on my 2013 528i xdrive blew with 72000 miles back in October. |
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01-14-2020, 10:14 AM | #282 | |
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Would be nice if they'd buy our Lexus and give us an X3 back. We sold our X3 due to concerns about this very issue (obviously they won't do that). The X3 was one of my favorite vehicles we've ever owned. At about 42,000 miles we started picking up a minor rattle on start up...very subtle, had it checked at the dealer twice and no issue per them. I decided it wasn't worth the risk back in 2017 and we traded it for the Lexus. My wife likes the Lexus a lot, I hate it.
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01-14-2020, 05:26 PM | #283 | |
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01-14-2020, 07:14 PM | #284 | |
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01-15-2020, 11:59 AM | #285 |
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My car (2015 x3) has 39k miles on it. I have no symptoms as of yet, but to avoid the sudden engine failure, my plan is to call the dealership and complain about a whining noise and rattle at startup from the engine and also telling them I know that there is a flaw with the timing chain on these engines.
My hope is that I can bring the car in and have them fix the timing chain just as F30lolz has mentioned, without any symptoms. If I get denied I keep trying with other dealers until I can get them to do it under warranty. Has anybody else tried this method? I'm wondering if I get denied, will I be charge with a diagnostics fee? So sickening that BMW won't stand behind their cars and fix this issue. |
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01-15-2020, 12:22 PM | #286 | |
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In my experience they will not fix anything if there are no symptoms. Some people have got lucky I guess. I will bring up a possible oil pump whine this time to see if they can confirm that is what I hear and no the chain. |
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