01-03-2021, 10:40 PM | #947 | |||||
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01-03-2021, 10:45 PM | #948 | ||||||
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01-04-2021, 11:09 AM | #950 |
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Full docket text for document 95:
NOTICE of Change of Address by GARY S. GRAIFMAN (GRAIFMAN, GARY) Full docket text for document 96: BRIEF in Opposition filed by BMW OF NORTH AMERICA, LLC re [89] MOTION for Attorney Fees , Reimbursement of Expenses and Service Awards to Class Rep. (DALTON, CHRISTOPHER) http://www.sjbender.com/96.pdf Last edited by sjbender; 01-04-2021 at 11:12 AM.. Reason: added url |
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01-06-2021, 12:10 PM | #951 |
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There are 10 more letters submitted to the court, dockets 98-107. I am not going to download every letter at this point seeing as this would cost at least $50. If there is a reference to a specific letter, I will grab those.
Full docket text for document 97: TEXT ORDER: The Court has reviewed the objections of Ronald Seth Zarowitz [D.E. 90] and Muthuvenkatesh Hosurnarayanan [D.E. 91]. The parties are directed to submit responses, if any, to Mr. Zarowitzs and Mr. Hosurnarayanans objections by January 18, 2021.. So Ordered by Magistrate Judge Cathy L. Waldor on 1/4/21. (tjg, ) |
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01-08-2021, 07:47 AM | #952 |
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Full docket text for document 108:
TEXT ORDER: Order clarifying D.E. 97: Per D.E. 75, the parties may respond to any objections to the class settlement by February 1, 2021. So Ordered by Magistrate Judge Cathy L. Waldor on 1/6/21. (tjg, ) And the letters keep rolling in... |
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01-11-2021, 11:52 AM | #953 |
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Thank you! Just sifted through docket 96. Its a tough battle for sure.
Hard to say what will result from the battle but I feel like I should oppose just to keep myself in the settlement should they issue a recall or extend the warranty. I don't think there's an option to accept the 1-year extension from 7 to 8? Options are to exclude yourself, do nothing and get excluded, or oppose. |
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01-11-2021, 12:56 PM | #954 |
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Camshaft sensor error is a good indication that it is 5 to 12.
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01-15-2021, 07:13 PM | #955 |
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What is 5 to 12?
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01-15-2021, 08:03 PM | #956 |
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I am not certain what the writer meant in this particular example, but 5 to 12 is often used as a reference to impending doom. The doomsday clock, meaning that at 12 something very bad is going to happen. This reference is often used to indicate how close we are to a nuclear Armageddon based on what is happening in world events.
In this case it could refer to the risk of failure to this engine. Last edited by frazervalley; 01-15-2021 at 10:54 PM.. Reason: Clarification |
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01-15-2021, 08:31 PM | #957 |
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Camshaft error could indicate that the chain has jumped some sprockets and is therefore not timed correctly. It can indicate that damage is imminent or could also indicate that damage has occurred.
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01-16-2021, 07:27 AM | #958 |
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It's a German thing meaning There is no more time to waste
The chain has to be replaced and with is the tentioner and the guides.
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01-16-2021, 03:23 PM | #959 |
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Anyone that has slack on their timing chain or hears the whine or loud timing chain, please go to www.nhtsa.gov and file a complaint.. timing chains failing at 50k to 80K miles is unacceptable especially from a pricey brand like bmw. There needs to be a recall.
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01-18-2021, 09:41 PM | #960 |
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I opted out of the class action suit last week- I will sue them on my own because I did the full diagnosis and engine replacement myself.
I took lots of photos and documented plenty. My engine blew in the summer, 2 days after 8 years since the in-service date, at 73k miles. I would have NO compensation through this lawsuit even even had I gone to the dealer, unless I waited until two weeks from NOW due to the 1 year 'sub 100k clause'. Sorry but I can't not have a car for 6 months due to legal matters, this result is complete and utter trash. I opted out because I believe that a multi-year lawsuit that reached settlement would not be amended even if many people write opposition letters. I'd rather not remove my legal rights to sue for this as a private party than HOPE that the judge changes things because I believe she probably won't. Had i paid for this out of pocket at BMW (i.e. they did the repairs) I would likely stay in the class action and write an opposition letter depending on the coverage (or lack of). I hope that when I sue them on my own I'll be able to reference much of the literature already used in these proceedings to further my argument. I also hope that maybe BMW cuts their losses and just pays up. I just want reimbursement for the engine I bought, the fluids (of which the total cost is pretty substantial), and components related to the replacement. I'd like labor too, but I think the parts costs would be fair. I mean, front diff fluid was like 30 bucks, coolant was another 50 or so, oil another 30 with filter, 10 bucks for grease and related consumables, 50 bucks for one-time-use bolts that need to be replaced during replacement, another 10 for the RTV silicone related to removing the water cowl/wipers. 100 for fuel injector crush washers and teflon seals, 50 for plugs. Engine cost me like 4500 bucks (made sure it was a new production timing chain after the revisions). If I asked for labor I'd probably charge for 16 hours or whatever the book says to charge, but it took me FAR longer than that, and costs associated with extra equipment I needed to buy like a hoist. The total costs are VERY substantial, but I think I will make more headway suing them on my own, at the mercy of a judge, rather than arguing with some dipshit at BMW NA over my repairs being DIY therefore they aren't covered, and my right to sue has been removed due to the class action. Regardless, my cost estimate is still below what an indie would charge for the same engine I installed and install fees. Also screw BMW for removing our favorite repair instruction site in the middle of this fiasco. Last edited by Volkom; 01-19-2021 at 12:20 AM.. |
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01-21-2021, 09:59 AM | #961 |
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Good decision, I would have done the same. Off-topic but which site do you refer to?
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01-30-2021, 12:52 PM | #963 |
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Full docket text for document 142:
DECLARATION of Christopher J. Dalton Regarding Mailing of CAFA Notice re [75] Order on Motion for Settlement by BMW OF NORTH AMERICA, LLC. (DALTON, CHRISTOPHER) http://www.sjbender.com/142.pdf |
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01-30-2021, 12:57 PM | #964 |
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Full docket text for document 145:
TEXT ORDER: Plaintiffs shall submit a response, if any, to Defendants 1/23/21 letter [D.E. 128] by 2/5/21. So Ordered by Magistrate Judge Cathy L. Waldor on 1/29/21. (tjg, ) Full docket text for document 128: Letter from Christopher Dalton re [113] Reply Brief to Opposition to Motion,,. (DALTON, CHRISTOPHER) http://www.sjbender.com/128.pdf |
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02-01-2021, 02:47 AM | #965 |
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Thanks for the continued updates- it's very much appreciated.
Do you know if a letter asking to be excluded from the class action would show up on these dockets? I would assume no, since it goes to the claims admin and not the court, but I'd appreciate some clarification. |
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02-01-2021, 04:22 PM | #966 |
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This morning I took my 2015 (build date 7/14) 328xi to the dealer and they are going warranty the entire timing chain and oil chain module. I have 69,8XX miles so I've been hand wringing about what to do with the extended warranty and 100% class action coverage about to end. I watched numerous TC videos and wasn't sure if I had the chain whine or not but I thought it would be worth risking the $180 diagnostic fee to try to get it warrantied. In the end they said it needed to be replaced and covered under the extended warranty. If you are under 7 years/70k miles it might be worth rolling the dice with the diagnostic fee at the dealership to get it checked out and hopefully warrantied.
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02-01-2021, 05:10 PM | #967 | |
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...could you please share a recording of your TC whine? I realize there are many others posted, but thot it would be helpful to keep loading on this thread. Thanks
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02-02-2021, 08:52 AM | #968 | |
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