Another F30 N20 Blown Motor Thread :(

adhrp · 07-29-2020, 04:25 PM

Quote:

Originally Posted by jkwhar

Yeah, I was thinking of the added heat yesterday. I clear the codes and hasnt popped up. Baby'd the car for a little bit and then drove it a little hard and no codes so hoping it was just a fluke. Where about in cnj are you located? I'm in E. Brunswick.

OK so the warning popped up again for the second time in 2 weeks so it made me nervous. BMW has an ELW for the leak diagnosis module (NVLD) for my N20 and a code related to that popped up (code 190302) when the codes were scanned. I dropped the car off at the dealership for diagnostics today. We'll see what they say...

Indy said the turbo wastegate might be on its way out as well so the warning could also be due to that.

bucketfoot · 07-29-2020, 07:45 PM

Hoping for the best, but no matter the outcome, I'll at least be happy to know where things stand going forward.

sjbender · 07-30-2020, 07:55 AM

As of this morning, 7/30/2020 there have been no new PACER entries.

I will be calling the courthouse tomorrow to see if it is still open to the public.

GreyF30 · 07-30-2020, 10:11 AM

Quote:

Originally Posted by sjbender

As of this morning, 7/30/2020 there have been no new PACER entries.

I will be calling the courthouse tomorrow to see if it is still open to the public.

Thank you again sjbender for the update.

Four more days kids..

When do you think the result will be available to the public? Since if I recall correctly, the past updates are not readily available on the conference dates.

bucketfoot · 07-30-2020, 11:34 AM

Well if sjbender is able to attend we should at least be able to get a summary pretty quickly!

sjbender · 07-30-2020, 01:13 PM

Quote:

Originally Posted by GreyF30

Thank you again sjbender for the update.
When do you think the result will be available to the public? Since if I recall correctly, the past updates are not readily available on the conference dates.

The documents are posted fairly quick, a day or so afterwards.

I just called the court chambers and the case will not be in person, it will be a video/telephone conference. Nothing new on PACER either.

sjbender · 07-30-2020, 04:13 PM

Full docket text for document 70:
Letter from Gary S. Graifman. (GRAIFMAN, GARY)

July 30, 2020
Via ECF
Magistrate Cathy L. Waldor
Martin Luther King Jr. Courthouse
50 Walnut Street
Room 4040, Courtroom 4C
Newark, New Jersey 07101
Re: Gelis, et al. v. BMW of North America, LLC.,
Civil Action No 2:17-cv-7386 WHW-CLW
Dear Judge Waldor:
This firm, together with Nagel Rice LLP and Thomas Sobran, P.C. represents plaintiffs in
the above-referenced action. We are writing, with the consent of Christopher Dalton on behalf of
BMW NA, to request one additional two-week adjournment of the return date for Plaintiffs’
Motion for Preliminary Approval of the Class Action Settlement, currently scheduled by the
Court for August 3, 2020. The new proposed return date would be August 17, 2020.
We apologize for the delay but counsel have been continuing to diligently attempt to nail
down the final issues and believe that the parties are nearing completion of a final Settlement
Agreement that can be executed. Until the final requested revisions are approved, we are unable
to file a motion with a fully executed Settlement Agreement annexed by the current deadline. We
are hopeful that the additional two weeks will be sufficient.
The parties respectfully request that the Court “So Order” this adjournment request.

GreyF30 · 07-30-2020, 04:18 PM

Quote:

Originally Posted by sjbender

Full docket text for document 70:
Letter from Gary S. Graifman. (GRAIFMAN, GARY)

July 30, 2020
Via ECF
Magistrate Cathy L. Waldor
Martin Luther King Jr. Courthouse
50 Walnut Street
Room 4040, Courtroom 4C
Newark, New Jersey 07101
Re: Gelis, et al. v. BMW of North America, LLC.,
Civil Action No 2:17-cv-7386 WHW-CLW
Dear Judge Waldor:
This firm, together with Nagel Rice LLP and Thomas Sobran, P.C. represents plaintiffs in
the above-referenced action. We are writing, with the consent of Christopher Dalton on behalf of
BMW NA, to request one additional two-week adjournment of the return date for Plaintiffs’
Motion for Preliminary Approval of the Class Action Settlement, currently scheduled by the
Court for August 3, 2020. The new proposed return date would be August 17, 2020.
We apologize for the delay but counsel have been continuing to diligently attempt to nail
down the final issues and believe that the parties are nearing completion of a final Settlement
Agreement that can be executed. Until the final requested revisions are approved, we are unable
to file a motion with a fully executed Settlement Agreement annexed by the current deadline. We
are hopeful that the additional two weeks will be sufficient.
The parties respectfully request that the Court “So Order” this adjournment request.

The suspense is real haha. Well.. waiting again it is!

sjbender · 07-30-2020, 05:23 PM

Quote:

Originally Posted by GreyF30

The suspense is real haha. Well.. waiting again it is!

IF the judge approves it. She stated in the past that there will be no adjourments, lol. Lets see what she has to say.

PK2348 · 07-30-2020, 05:28 PM

Quote:

Originally Posted by sjbender

IF the judge approves it. She stated in the past that there will be no adjourments, lol. Lets see what she has to say.

i think she has to, both parties requested it and stated that final agreement has not yet been reached.
Sorry guys

GreyF30 · 07-30-2020, 06:52 PM

Oh man. Why don't they just do a recall and call it a day. Quick and simple.

I wish.

adhrp · 07-30-2020, 09:17 PM

Quote:

Originally Posted by sjbender

IF the judge approves it. She stated in the past that there will be no adjourments, lol. Lets see what she has to say.

Well, if they still have not reached an agreement and the judge denies the request, then who loses? I'm not a lawyer but I think the answer is BMW. Because it will go to trial. So it is in their interest to get their shit together and come to an agreement ASAP. I mean, the customers will not benefit either, but what company likes going to trial?

In related news, my car was at the dealer for another issue and I asked them to evaluate the TC. They said it has no symptoms of the TC failure so I'm good (which I kind of knew anyway because I don't hear any whines). But good luck to those who have this issue - it is nerve-wracking for sure!

5mall5nail5 · 07-30-2020, 10:43 PM

Quote:

Originally Posted by adhrp

Well, if they still have not reached an agreement and the judge denies the request, then who loses? I'm not a lawyer but I think the answer is BMW. Because it will go to trial. So it is in their interest to get their shit together and come to an agreement ASAP. I mean, the customers will not benefit either, but what company likes going to trial?

In related news, my car was at the dealer for another issue and I asked them to evaluate the TC. They said it has no symptoms of the TC failure so I'm good (which I kind of knew anyway because I don't hear any whines). But good luck to those who have this issue - it is nerve-wracking for sure!

But the truth is BMW has counsel in pocket on salary so that doesn't matter and a trial will take what... years? People will forget about their issues by time a trial were to conclude.

GreyF30 · 07-31-2020, 01:54 AM

Quote:

Originally Posted by 5mall5nail5

But the truth is BMW has counsel in pocket on salary so that doesn't matter and a trial will take what... years? People will forget about their issues by time a trial were to conclude.

True. Hopefully this settles.

If it goes to trial, when the trial concludes in years, I will have upgraded to an M3 by that time... (fingers crossed) different sets of problems

fazi13 · 07-31-2020, 02:30 AM

Quote:

Originally Posted by GreyF30

True. Hopefully this settles.

If it goes to trial, when the trial concludes in years, I will have upgraded to an M3 by that time... (fingers crossed) different sets of problems

I was able to win the 328i lottery by having a piston ring blow and not a timing chain. Funny enough i had nothing fail on the car at 90k miles.. not even a water pump. Then i was getting misfires, thought it was plugs n coils... replaced and nope. Took it to a shop and they found no compression on cyl1... opened my oil pan and... hey look pieces of piston rings.

Long story short, i dropped in a “new engine” from a 2016 with 8k miles. And at the same time got a stage 2 turbo.. since the engine was coming out.. they didn’t charge for that labor. Even if i do get an m2/3/4/6 not sure yet in the future, ill stick keep this car... i worked 40 hours a week while going to university full time to afford it... and its a 6mt sport line but somehow has m sport suspension and m sport steering wheel from the factory. I don’t think I’ve ever seen that before?

adhrp · 07-31-2020, 09:54 AM

Quote:

Originally Posted by 5mall5nail5

But the truth is BMW has counsel in pocket on salary so that doesn't matter and a trial will take what... years? People will forget about their issues by time a trial were to conclude.

While that is true, BMW would have gone to trial without even pursuing a settlement if they were so flush with cash/counsel to spend on what would likely be a drawn out trial. I don't think their cost-benefit analysis supported that. The fact that they have spent so much time and effort on a settlement tells me that they are motivated to settle. To have to go to trial at this point would be a big step back for them.

sjbender · 07-31-2020, 10:08 AM

Full docket text for document 71:
TEXT ORDER: At the parties request, the hearing scheduled for August 3, 2020 is adjourned to 9/2/20 at 11:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 7/31/20. (tjg, )

5mall5nail5 · 07-31-2020, 10:15 AM

So a month, now. It won't end.

GreyF30 · 07-31-2020, 10:22 AM

Wonder if there is a limit to the date deferrals at some point? Or is it always as long as it's at both parties' discretion?

arsenal · 07-31-2020, 08:03 PM

Quote:

Originally Posted by 5mall5nail5

But the truth is BMW has counsel in pocket on salary so that doesn't matter and a trial will take what... years? People will forget about their issues by time a trial were to conclude.

This will most likely be handled by outside counsel if it goes to trial, which it won't.

Gen13 F36 · 08-01-2020, 04:22 PM

I don't know .... it look like the law firm going to be rich than any of so called BMW owners.

Slick_FThirty · 08-01-2020, 05:11 PM

Every time I think it will finally be resolved...nope!

But we would still have a ways to go if you consider the time it took to settle the MINI case.

07-29-2020, 07:45 PM	#640
bucketfoot Captain 1064 Rep 819 Posts Drives: 2020 Toyota GT86 Join Date: Oct 2015 Location: Centennial, CO iTrader: (0)	Hoping for the best, but no matter the outcome, I'll at least be happy to know where things stand going forward. __________________ This post sent using 100% recycled electrons.
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07-30-2020, 07:55 AM	#641
sjbender Private First Class 141 Rep 145 Posts Drives: '01 E46, '13 F10 (TC failed) Join Date: Dec 2015 Location: Delaware iTrader: (0)	As of this morning, 7/30/2020 there have been no new PACER entries. I will be calling the courthouse tomorrow to see if it is still open to the public.
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07-30-2020, 11:34 AM	#643
bucketfoot Captain 1064 Rep 819 Posts Drives: 2020 Toyota GT86 Join Date: Oct 2015 Location: Centennial, CO iTrader: (0)	Well if sjbender is able to attend we should at least be able to get a summary pretty quickly! __________________ This post sent using 100% recycled electrons.
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07-30-2020, 04:13 PM	#645
sjbender Private First Class 141 Rep 145 Posts Drives: '01 E46, '13 F10 (TC failed) Join Date: Dec 2015 Location: Delaware iTrader: (0)	Full docket text for document 70: Letter from Gary S. Graifman. (GRAIFMAN, GARY) July 30, 2020 Via ECF Magistrate Cathy L. Waldor Martin Luther King Jr. Courthouse 50 Walnut Street Room 4040, Courtroom 4C Newark, New Jersey 07101 Re: Gelis, et al. v. BMW of North America, LLC., Civil Action No 2:17-cv-7386 WHW-CLW Dear Judge Waldor: This firm, together with Nagel Rice LLP and Thomas Sobran, P.C. represents plaintiffs in the above-referenced action. We are writing, with the consent of Christopher Dalton on behalf of BMW NA, to request one additional two-week adjournment of the return date for Plaintiffs’ Motion for Preliminary Approval of the Class Action Settlement, currently scheduled by the Court for August 3, 2020. The new proposed return date would be August 17, 2020. We apologize for the delay but counsel have been continuing to diligently attempt to nail down the final issues and believe that the parties are nearing completion of a final Settlement Agreement that can be executed. Until the final requested revisions are approved, we are unable to file a motion with a fully executed Settlement Agreement annexed by the current deadline. We are hopeful that the additional two weeks will be sufficient. The parties respectfully request that the Court “So Order” this adjournment request.
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07-30-2020, 06:52 PM	#649
GreyF30 Private 23 Rep 88 Posts Drives: 2015 BMW 328i M Sport Join Date: Feb 2019 Location: Los Angeles iTrader: (0)	Oh man. Why don't they just do a recall and call it a day. Quick and simple. I wish.
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07-31-2020, 10:08 AM	#655
sjbender Private First Class 141 Rep 145 Posts Drives: '01 E46, '13 F10 (TC failed) Join Date: Dec 2015 Location: Delaware iTrader: (0)	Full docket text for document 71: TEXT ORDER: At the parties request, the hearing scheduled for August 3, 2020 is adjourned to 9/2/20 at 11:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 7/31/20. (tjg, )
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07-31-2020, 10:15 AM	#656
5mall5nail5 Not stock 474 Rep 614 Posts Drives: E34 525i Turbo Join Date: Oct 2008 Location: PA iTrader: (0)	So a month, now. It won't end. __________________ 2015 BSM 328i Sport Line - BSM 2015 BSM X1 M Sport - BSM 1992 525i 1987 325e
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07-31-2020, 10:22 AM	#657
GreyF30 Private 23 Rep 88 Posts Drives: 2015 BMW 328i M Sport Join Date: Feb 2019 Location: Los Angeles iTrader: (0)	Wonder if there is a limit to the date deferrals at some point? Or is it always as long as it's at both parties' discretion?
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08-01-2020, 04:22 PM	#659
Gen13 F36 Brigadier General 1599 Rep 3,748 Posts Drives: 428i Gran Coupe Join Date: Nov 2017 Location: Los Angeles, CA iTrader: (1)	I don't know .... it look like the law firm going to be rich than any of so called BMW owners.
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08-01-2020, 05:11 PM	#660
Slick_FThirty First Lieutenant 125 Rep 326 Posts Drives: 13' BMW 328i Xdrive Join Date: Oct 2019 Location: Canada iTrader: (0)	Every time I think it will finally be resolved...nope! But we would still have a ways to go if you consider the time it took to settle the MINI case. __________________ If you can imagine it, you can achieve it. If you can dream it, you can become it.
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