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      09-09-2019, 11:06 PM   #199
sjbender
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Here is the full docket list to date...

Doc.
No. Dates Description
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
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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      09-10-2019, 09:07 AM   #200
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Quote:
Originally Posted by sjbender View Post
My engine sounded like an old diesel engine before it failed. Lots of rattling around in there and a low speed acceleration really got worse over time. To the point that it would take 2-3 seconds before the engine would respond to the accelerator. My car failed at highway speed. Sputtered and turned off, left me to coast to the shoulder and that was it. It has been at the dealer since April. They want 18k to replace the engine. I told them it will sit here with the rest of the failed cars until the class action suit is resolved.

Speaking of that, if you register for a PACER account you can see everything that is going on in the case. Currently there is a telephone conference scheduled next up. BMW was supposed to answer the complaints against them a couple months ago. It has not been filed to date. Makes me wonder if they are going to settle.

Either way, here is the latest court entry for the BMW N20 class action suit...

Full docket text for document 53:
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 9/16/19 at 3:30pm. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 8/12/19. (tjg, )
I spoke with the Attorneys assistant that is involved in the case this past Friday. There may be a settlement soon...she said without saying However, It will take a few months to iron out all the particulars once a settlement is reached. My car is also sitting at the dealer. Did your dealer mention how many vehicles they have had with this issue? My dealer has been absolutely horrible to deal with. No help at all really. So much so...I filed a complaint with BMW NA. I have also contacted the Ohio Attorney Generals office to file a complaint. They are contacting BMW to see what can be done. Do we know exactly when BMW knew of this issue? I bought our car used in 2016. If someone at BMW knew this car was a ticking time bomb at that time and didn't disclose that to customers....I would think that could be considered FRAUD! I would really rather just have BMW wipe my loan and take the car back. I financed it through BMW...so that may be possible....
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      09-10-2019, 10:22 AM   #201
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I have also spoke to a couple of the class action lawyers and they said the same. They have a feeling it will come down to a warranty extension to 150,000 miles because that is the first mention in the maintenance manual for the chain. Not to sure how they will handle the people that have paid the money to have the engines replaced.

The dealer has been both a PIA and decent, it depends on the service advisor. The one is giving me a hard time for leaving my car there, while the other said it is one of nine cars currently sitting with a blown engine. I mentioned to them that you do realize this is a problem and he agreed. I do feel bad for the dealers though. Their hands are tied too. BMW NA is not giving them any information yet, they are the ones that have to deal with the customers. The one SA wants me to tow my car out of their lot while the other has told me they will let me know if it gets in the way. At lease they put the car manually into neutral for me, since you can only do it while the engine is running... ugh. There is a screw under the car that you need to engage to put the car into N.

I want more than a contract buyout or engine replacement! I had to buy another car while this one is disabled, I would not pay 18k for an engine replacement on a car that at the time was valued at 12k. There needs to be some type of compensation for loss of use as well IMO. I still owe 10k on the car through a local bank. I can't lower the insurance on it either since the lienholder will put the loan into default. So I am paying car payments and insurance on a vehicle that I have not seen in over 6 months. It has been disabled longer than I have driven it now.

I am going to call the court today to see if the public is allowed to call into the conference call next week. I will advise here. IMO, there will be a settlement before the end of the year.
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      09-10-2019, 10:29 AM   #202
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The call in is for PARTIES only, the only thing available to the public is court proceedings.
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      09-11-2019, 06:41 PM   #203
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'13 n26 with 85k miles checking-in. I got the dreaded high pitch whine and confirmed by my friend who works at mini/bmw. I started to build out the parts and tools list to do it myself but now wondering if I should wait and see how this class action lawsuit goes.
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      09-12-2019, 04:48 PM   #204
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Thankful I traded in my '12 n20 with 71k miles last week. I never had any timing issues but Lord knows, I had everything else. Turbo and ABS controller were the largest ticket items during the in-warranty period, but the fuel tank needing to be replaced was the last straw.

I must be a glutton for 4 cylinder punishment because I bought a '16 528i LOL. I'm trying to convince myself the n20 issues were worked out by the end of the f10/f30 production run.
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      09-12-2019, 05:28 PM   #205
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I have a 2015 320i with the N20 engine, it has a few bolt ons and I've been waiting for the warranty to expire to do anything with the tune. The warranty expires in the next month, what precautions should I take to avoid issues? I was going to install the JB4 and run a pretty mellow tune, I already have a charge pipe installed because I've heard of many cases where the stock cp blew once any boost was added. Anything I can do with the tune to prevent issues?
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      09-13-2019, 12:49 AM   #206
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Quote:
Originally Posted by 907f30 View Post
Anything I can do with the tune to prevent issues?
Take it off.
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      09-13-2019, 02:09 PM   #207
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Quote:
Originally Posted by jkwhar View Post
'13 n26 with 85k miles checking-in. I got the dreaded high pitch whine and confirmed by my friend who works at mini/bmw. I started to build out the parts and tools list to do it myself but now wondering if I should wait and see how this class action lawsuit goes.
If you are able to I would wait just a bit longer BUT if you must, keep all your receipts. Luckily I have a second car so I do not need this car, hence why it is sitting at the dealer. Frustrating that I have to keep paying a loan and insurance on a car I can not use. My 2001 E46 is still doing great!

BTW, The engine went at 102k miles. The sounds started around 80k. I should have done my homework then, and fixed it.

In regards to modifying the engine. I can 'almost' guarantee you that will void any warranty so good luck getting them to fix the engine if yours fails with add-ons.

All IMO of course.
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      09-13-2019, 04:02 PM   #208
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Quote:
Originally Posted by sjbender View Post
If you are able to I would wait just a bit longer BUT if you must, keep all your receipts. Luckily I have a second car so I do not need this car, hence why it is sitting at the dealer. Frustrating that I have to keep paying a loan and insurance on a car I can not use. My 2001 E46 is still doing great!

BTW, The engine went at 102k miles. The sounds started around 80k. I should have done my homework then, and fixed it.

In regards to modifying the engine. I can 'almost' guarantee you that will void any warranty so good luck getting them to fix the engine if yours fails with add-ons.

All IMO of course.
The date of the conference call is on Monday so I'm just crossing my fingers. But for now, I just ordered the timing tool but that has a 30 day return policy. Its going to take a few weeks for me to get all the parts and tools in so I'm playing it by ear.

What actually failed on your car? I know I'm on borrowed time.
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      09-13-2019, 11:10 PM   #209
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      09-16-2019, 07:12 PM   #210
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Any update?
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      09-16-2019, 09:18 PM   #211
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Full docket text for document 54:
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 11/1/19 at 9:45am. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/16/19. (tjg, )
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      09-17-2019, 09:03 AM   #212
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Quote:
Originally Posted by sjbender View Post
Full docket text for document 54:
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 11/1/19 at 9:45am. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/16/19. (tjg, )
I'm not holding my breath anymore. I don't see this getting resolved before the end of this year. I'm just going to go ahead and do it myself.
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      09-17-2019, 11:46 AM   #213
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I doubt we will hear anything by the end of the year. The lawsuit is two years old next week...
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      09-18-2019, 08:07 AM   #214
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Quote:
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I doubt we will hear anything by the end of the year. The lawsuit is two years old next week...
Sheesh.

Wish me luck with the diy timing chain haha.
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      09-18-2019, 08:37 AM   #215
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Does anyone know when BMW NA realized that this engine had a problem? I bought the 2013 328 in August of 2016. My thought is...if someone at BMW knew the engine was flawed at that point...then I could be considered fraud.
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      09-18-2019, 10:25 AM   #216
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Quote:
Originally Posted by jkwhar View Post
Any update?
Have you taken a video or audio recording and gone to a dealer? I'd certainly try that just for documentation in case you DIY and later they try to say it was unnecessary.
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      09-18-2019, 10:27 AM   #217
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In doing some quick research...it appears that BMW knew they had a problem back in 2012. Not sure when dealers and service departments may have become aware....
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      09-24-2019, 09:38 AM   #218
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has anyone had any luck getting BMW to replace their motor after the 70,000-mile warranty expired? I am looking for some cases to use against BMW as I believe they are turning people down due to the pending class action. They again offered 2500 bucks and said that was their final offer. They also refused to let me speak to anyone in management at BMWNA. I have never been treated so poorly by a company of this size ever! I only hope they get hammered in court!!!!
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      09-24-2019, 12:00 PM   #219
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I don't dislike BMW -- of course. I want them to succeed and continue making great cars.

But they handled this all wrong.

Not only do I hope they are forced to take care of their customers, like they should have, from the beginning -- but now I wish there were punitive damages to punish them for their stupidity and unethical behavior.
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      10-01-2019, 01:15 PM   #220
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Quote:
Originally Posted by Bmac850 View Post
has anyone had any luck getting BMW to replace their motor after the 70,000-mile warranty expired? I am looking for some cases to use against BMW as I believe they are turning people down due to the pending class action. They again offered 2500 bucks and said that was their final offer. They also refused to let me speak to anyone in management at BMWNA. I have never been treated so poorly by a company of this size ever! I only hope they get hammered in court!!!!
Apparently some people have had success with the local dealers replacing the engines at no cost. Others have had BMWNA pay a portion of the repairs. I would most certaintly 'assume' that they are not going to willingly pay for repairs while the suit is in the courts. That almost admits guilt. You can call BMWNA directly and ask for help but like you mentioned, I was only allowed to go up one level and it was just a waste of time. Part of the case has a complaint alleging that BMW knew of the defect and was using this to generate revenue (money) through service in repairs. That part I believe was dismissed but the engine failure was not. I would just like them to replace the engine, although I am now out of a usable car for 7 months. It would be nice if there was some time of compensation for this.

I totally agree with that they handled this wrong. I am sure there is a HUGE price tag to go along with this... They wanted 18k to replace my engine so using 15k assuming a moddest 50,000 cars... 750 million is a lot of money.

Probably cheaper for a buyback honestly. Give me a M6 and we can call it even!
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