Picked car up Columbus Day and they diagnosed the issue to the guibo rubber driveline isolation damper. Car drives with no vibration at 20 and 60 as before, but I thought I detected something in the 40mph range, but was in a rush to get home. Called the dealer on the ride home and mentioned the vibration and he thought I was kidding. I had a long converstion with him when picking up the car and he mentioned the next step was to involve BMW.
Emailed the BMW consumer site and they sent an automated email back telling me they will respond soon. 2 days later I contact them and go through the entire ordeal and the person I'm talking to says he feels that my request for an additional 2 years on the Certified warranty is reasonable, but he cannot approved since it's outside his authority level, but he gets someome on the line that can. I go through the entire ordeal a second time and the response is rather cold and mentions that the warranty ends in two months and BMW is pretty much washing their hands of the car. I repeatedly plead my case, but he stands fast and tells me to go back to the dealer and work with them. At this point I laughed at his response and mentioned that the dealer told me to handle it with BMW. Call ended.
I have not made any additional calls or email and I'm discussing this with my brother-in-law who is an attorney and he's dealt with this type of issue before. We'll see where it goes from here.