[328iX]

Originally Posted by GreyF30

Haven't heard anything but if I have to guess, it would be another extension?
Since currently we already received (only) 7y/70k extension for the affected timing chain.

Oh my n20 isn't covered by that I don't think. They told me I missed the coverage by a few production months? Idk

[RMachuca3d]

Originally Posted by GreyF30

Haven't heard anything but if I have to guess, it would be another extension?
Since currently we already received (only) 7y/70k extension for the affected timing chain.

When I spoke to someone at bmw HQ NA, they stated that there is a chance it will be bumped up to 120k and 12 yrs, granted this was two years ago when I was trying to get to the bottom of all the sulev warranty stuff and what I could get repaired under it in Washington (only TC and thermostat and a few other small bits are covered here under sulev, since washington is not a 100% sulev compliant state).

[bucketfoot]

Originally Posted by RMachuca3d

When I spoke to someone at bmw HQ NA, they stated that there is a chance it will be bumped up to 120k and 12 yrs

Well I would certainly be happy with that...

But at the same time I'm researching cars in case nothing decent comes out of it. I love my X1, but don't want to drive a ticking time bomb (which is basically what my old service manager called it).

[natesi]

Did you guys see this? Kiess Mostorsports youtube video where he buys a 3 series, with 140k miles, for $1800 - knowing it at least needs a new engine, due to the timing chain issue?

He brings it to the dealership for a look over and they replaced the entire engine, the turbo, and radiator -- FOR FREE -- because it was a PZEV n26 in a state that complies with California's SULEV regulations.

[Slick_FThirty]

Does ULEV II have any kind of warranty?

[Pauloxxi]

Originally Posted by natesi

Did you guys see this? Kiess Mostorsports youtube video where he buys a 3 series, with 140k miles, for $1800 - knowing it at least needs a new engine, due to the timing chain issue?

He brings it to the dealership for a look over and they replaced the entire engine, the turbo, and radiator -- FOR FREE -- because it was a PZEV n26 in a state that complies with California's SULEV regulations.

Why only 15 states follow this SULEV rules, while others have a poor warranty in place?
Does people living on those 15 states with SULEV regulation pay more for the cars than people living in other 35 states?

[sjbender]

If you want to know what the class action suit includes please read the filed complaint, you can get the PDF here... www.sjbender.com/bmw.pdf (reference page 60)

Ill cut and paste it here;

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.

[sjbender]

19. The proposed class representatives brings this proposed action pursuant to Fed. R. Civ. P.23(b)(1), 23(b)(2) and 23(b)(3) on behalf of themselves and all members of the proposed Class and subclasses (or any other class authorized by the Court) defined as follows:

Case 2:17-cv-07386-SDW-CLW Document 1 Filed 09/22/17 Page 7 of 61 PageID: 7
8

Nationwide Class: All owners and former owners, lessees and former lessees of class
vehicles who purchased their vehicles in the United States and who sustained monetary
loss and/or diminution of class vehicle value resulting from the defendants’ conduct as
described in this complaint (hereinafter “proposed class members”). Excluded from the
proposed class are the defendants together with their officers, directors, employees,
assigns, and successors, the Court, Court staff, the defendants’ counsel and all respective immediate family members of the excluded persons and entities described above. Also excluded from the proposed class are any and all claims involving personal injury.

New Jersey Class: All owners and former owners, lessees and former lessees of class
vehicles who purchased their vehicles in the United States and who sustained monetary
loss and/or diminution of class vehicle value resulting from the defendants’ conduct as
described in this complaint (hereinafter “proposed New Jersey class members”).
Excluded from the proposed class are the defendants together with their officers,
directors, employees, assigns, and successors, the Court, Court staff, defendants’ counsel and all respective immediate family members of the excluded entities described above. Also excluded from the proposed class are any and all claims involving personal injury.

Illinois Class: All owners and former owners, lessees and former lessees of class
vehicles who purchased their vehicles in the United States and who sustained monetary
loss and/or diminution of class vehicle value resulting from the defendants’ conduct as
described in this complaint (hereinafter “proposed Illinois class members”). Excluded
from the proposed class are the defendants together with their officers, directors,
employees, assigns, and successors, the Court, Court staff, defendants’ counsel and all
respective immediate family members of the excluded entities described above. Also
excluded from the proposed class are any and all claims involving personal injury.

[eddymerckx3]

Originally Posted by natesi

Did you guys see this? Kiess Mostorsports youtube video where he buys a 3 series, with 140k miles, for $1800 - knowing it at least needs a new engine, due to the timing chain issue?

He brings it to the dealership for a look over and they replaced the entire engine, the turbo, and radiator -- FOR FREE -- because it was a PZEV n26 in a state that complies with California's SULEV regulations.

This video is misleading....my understanding is that timing chain is only covered on some 2016 and newer SULEV vehicles. He even makes it clear that his 2013 SULEV vehicle does not include timing chain as covered part under SULEV warranty. It is clear to me that his dealer just did him a solid when they advocated for him with BMW NA, perhaps becuz dealer knows KIES’ strong reputation promoting BMW products on the internet. So why not just say that ....?

[Slick_FThirty]

Originally Posted by eddymerckx3

This video is misleading....my understanding is that timing chain is only covered on some 2016 and newer SULEV vehicles. He even makes it clear that his 2013 SULEV vehicle does not including timing chain as covered part under SULEV warranty. It is clear to me that his dealer just did him a solid when they advocated for him with BMW NA, perhaps becuz dealer know KIES' strong reputation promoting BMW products on the internet. So why not just say that ....?

I would agree.
Isn't Sulev related to environmental regulations and requirements. If the timing chain causes emissions issues, then I would imagine that it would be covered, similar to other malfunctioning components that degrades it's emission performance.
But a completely destroyed engine, radiator, and turbo to be replaced by BMW under Sulev doesn't seem right.
A grenaded engine is no longer able to run, and cannot violate the Sulev requirements, which is what the warranty involves, if I am not mistaken.

[sjbender]

As of 6/25/2020 1000am there have been no new PACER entries.

Some links of information for you to use...

CLASS ACTION SUIT - http://www.sjbender.com/bmw.pdf
RELIEF DEMANDED - http://www.sjbender.com/relief.pdf

[bucketfoot]

I can't wait for this to get resolved and I've got a low mileage functioning car. I can only imagine how you guys with cars sitting awaiting a resolution feel!

[sjbender]

Originally Posted by bucketfoot

I can't wait for this to get resolved and I've got a low mileage functioning car. I can only imagine how you guys with cars sitting awaiting a resolution feel!

Its been 15 months since I have seen my car. It will be like getting a new car again!

[GreyF30]

Originally Posted by sjbender

Its been 15 months since I have seen my car. It will be like getting a new car again!

Is this the F10? Do you just park it in your garage?

[bucketfoot]

Originally Posted by GreyF30

Is this the F10? Do you just park it in your garage?

I think it's sitting at the dealership waiting for this to get resolved.

[sjbender]

Originally Posted by GreyF30

Is this the F10? Do you just park it in your garage?

Yes sir, the F10. The dealership has let me keep it there. I call every couple months to ask about the car and if it needs to be moved. They tell me they will call if it needs to be moved. They are aware of the lawsuit and have been good to deal with. They are not going to change the engine because they are not going to get paid, so we are both stuck in the middle until this is settled.

[bucketfoot]

Two weeks...

[sjbender]

Originally Posted by bucketfoot

Two weeks...

I have 1 day left for my quarterly PACER account and $13 left to spend... hmmmm, I have downloaded pretty much all of the case documents already. Anyone want me to grab anything from the mini case or others while I still have some credit left?

[sjbender]

Today would have been the 'final pretrial conference' but it was cancelled. No new PACER entries today so I am hoping 7/13/2020 is still on the docket!

[bucketfoot]

Hopefully by this time next week we will know what the outcome is!

[OUGrad05]

Originally Posted by bucketfoot

Hopefully by this time next week we will know what the outcome is!

Hope you're right but I'm not holding my breath.

[GreyF30]

Can't believe it's one week to go. Excited but nervous lol