[Pauloxxi]

Originally Posted by sjbender

From the telephone conference today, 2/3/20 will be the settlement date. Should be interesting to see. I am going to call the court to see if this is a public hearing. Knew it wouldn't make it to a Jury trial!

Full docket text for document 58:
TEXT ORDER: The Court will hold an In-Person Settlement Conference on 2/3/20 at 11am in Courtroom 4D. All persons, including trial counsel and clients with settlement authority, must be present. Parties are also required to submit a five (5) page confidential settlement memorandum to chambers via email to CLW_Orders@njd.uscourts.gov at least five (5) business days prior to conference. So Ordered by Magistrate Judge Cathy L. Waldor on 12/12/19. (tjg, )

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.

[Slick_FThirty]

Originally Posted by pauloxxi

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.

Due legal process and good lawyers. Mostly legal process. Any class action usually takes at least this long, if not longer unfortunately.

[sjbender]

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

[bimmer456]

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.

[F30lolz]

Originally Posted by bimmer456

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.

I’ve always thought that using Eco Pro in stop and go driving wasn’t good for the engine but I’ll use it on the highway at times if the speed limit is around 55 so I’ll cruise near 65. IDK, I could be wrong.

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.

[5mall5nail5]

I don't think eco pro is an issue at all - ASS is not ideal - I have mine coded off

[PK2348]

Originally Posted by 5mall5nail5

I don't think eco pro is an issue at all - ASS is not ideal - I have mine coded off

Car runs hotter in eco pro

[CalCarNut]

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.....

[GreenF30N26]

Originally Posted by CalCarNut

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.....

Warranty replacement? Curious what went on it

[sjbender]

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, )

[sjbender]

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.

[sjbender]

If anyone wants to see the originally filed complaint, I added it here...

www.sjbender.com/BMW.pdf

[jkwhar]

Do you/anyone think the oil pump chain/sprocket will be covered under the class action lawsuit?

[sjbender]

It is listed in the original complaint.

[jkwhar]

Originally Posted by sjbender

It is listed in the original complaint.

Ah, must've missed it. Thanks!

[Pauloxxi]

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.

[dave480]

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.

[OUGrad05]

Originally Posted by dave480

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.

This could take months longer to resolve. You should keep any and all receipts.

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.

[Pauloxxi]

Originally Posted by dave480

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.

This is infuriating ridiculous...

[natesi]

Originally Posted by dave480

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.

One thought: Call another BMW dealer and see if they will advocate for getting your car fixed. I mean, you're 2K over the 70K extended warranty. It seems crazy no one is doing anything for you on this. Even if you had to have the car towed an hour or two to the next closest dealership, it might be worth it.

[mike_MAN]

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.

[obert]

Originally Posted by mike_MAN

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.

I have done this with my dealer and I have one last time before the warranty will run out to take it in on the 21st of this month. I have not been charged for any diagnostic fee and they have provided a loaner while they keep my car over night.

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.