BMWNA F30 N20/N26 timing chain class action lawsuit settlement 2/3/2020 - Page 4 - Bimmerfest - BMW Forums



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  #76  
Old 02-24-2020, 07:32 PM
sjbender sjbender is offline
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Full docket text for document 61:
Letter from Gary S. Graifman. (Attachments: # (1) Exhibit to Letter to Judge Cathy L. Waldor)(GRAIFMAN, GARY)

Full docket text for document 62:

February 24, 2020
VIA CM/ECF
Hon. Cathy L. Waldor U.S.M.J.
United States District Court
For the District of New Jersey
Rev. Dr. Martin Luther King Building
& United States Courthouse
50 Walnut Street
Newark, New Jersey 07102

Re: Gelis, et al v. Bayerische Motoren Werke Aktiengesellschaft, et al,
Civil Action No. 2:17-cv-7386 (SDW)(CLW)

Dear Judge Waldor:

We represent Defendant BMW of North America, LLC (BMW NA) in this matter.
Pursuant to the Court's February 14, 2020 Order, we submit this letter to identify BMW NA's
view of outstanding discovery that remains to be completed.
The parties had exchanged written discovery before going to mediation. Plaintiffs'
responses are deficient, both in the content of Plaintiffs' interrogatory answers and the dearth of
documents produced. We will meet and confer with Plaintiffs' counsel regarding these
deficiencies.

Additionally, we will have to conduct Plaintiffs' depositions and arrange for inspections
of their vehicles. Because there are twenty Plaintiffs in this case, from fourteen different states,
the time to complete such depositions and inspections will take significantly longer than the
thirty days the Court proposed.

Finally, since this is a product-defect class action, the parties will necessarily be
conducting expert discovery once fact discovery is concluded.

Thank you for your courtesies.

Very truly yours,
/s/ Christopher J. Dalton
Christopher J. Dalton
CJD/ajd
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  #77  
Old 02-24-2020, 07:32 PM
sjbender sjbender is offline
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Full docket text for document 61:
Letter from Gary S. Graifman. (Attachments: # (1) Exhibit to Letter to Judge Cathy L. Waldor)(GRAIFMAN, GARY)

Full docket text for document 62:

February 24, 2020
VIA CM/ECF
Hon. Cathy L. Waldor U.S.M.J.
United States District Court
For the District of New Jersey
Rev. Dr. Martin Luther King Building
& United States Courthouse
50 Walnut Street
Newark, New Jersey 07102

Re: Gelis, et al v. Bayerische Motoren Werke Aktiengesellschaft, et al,
Civil Action No. 2:17-cv-7386 (SDW)(CLW)

Dear Judge Waldor:

We represent Defendant BMW of North America, LLC (BMW NA) in this matter.
Pursuant to the Court’s February 14, 2020 Order, we submit this letter to identify BMW NA’s
view of outstanding discovery that remains to be completed.
The parties had exchanged written discovery before going to mediation. Plaintiffs’
responses are deficient, both in the content of Plaintiffs’ interrogatory answers and the dearth of
documents produced. We will meet and confer with Plaintiffs’ counsel regarding these
deficiencies.

Additionally, we will have to conduct Plaintiffs’ depositions and arrange for inspections
of their vehicles. Because there are twenty Plaintiffs in this case, from fourteen different states,
the time to complete such depositions and inspections will take significantly longer than the
thirty days the Court proposed.

Finally, since this is a product-defect class action, the parties will necessarily be
conducting expert discovery once fact discovery is concluded.

Thank you for your courtesies.

Very truly yours,
/s/ Christopher J. Dalton
Christopher J. Dalton
CJD/ajd
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  #78  
Old 02-24-2020, 11:41 PM
namelessman namelessman is online now
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It looks like BMWNA wants to dig in and drag out, the judge can still enforce 30 days to complete accelerated discovery, right?
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  #79  
Old 02-25-2020, 05:44 AM
sjbender sjbender is offline
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That is exactly how i read that as well. They will just drag it out until the class action lawyers/people run out of money. I am hoping that is why the judge placed this in an accelerated discovery.
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  #80  
Old 02-25-2020, 08:12 AM
namelessman namelessman is online now
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It will be of interest to compare BMWNA's current tactics to the Mini case in PACER, e.g. did BMWNA also attempt to drag out at that time, and did Judge William Walls call out BMWNA for that tactic?
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  #81  
Old 02-25-2020, 09:11 AM
sjbender sjbender is offline
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Originally Posted by namelessman View Post
It will be of interest to compare BMWNA's current tactics to the Mini case in PACER, e.g. did BMWNA also attempt to drag out at that time, and did Judge William Walls call out BMWNA for that tactic?
Found the case (SKEEN et al v. BMW OF NORTH AMERICA, LLC et al) and looking through it now... It took almost 18 months to finish after the first settlement hearing.

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  #82  
Old 02-25-2020, 10:17 AM
namelessman namelessman is online now
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Originally Posted by sjbender View Post
Found the case (SKEEN et al v. BMW OF NORTH AMERICA, LLC et al) and looking through it now... It took almost 18 months to finish after the first settlement hearing.
Wow that is good info. My thinking is that Judge Waldor requested accelerated discovery in anticipation of BMWNA's stall tactics. And honestly the plaintiffs might have fixed or sold their cars, what BMWNA asked for(inspection of each of 20 plaintiffs) does not seem reasonable.

BMWNA should just perform fact discovery on its own PUMAs and dealer repairs of N20 timing chains and blown engines.

Last edited by namelessman; 02-25-2020 at 10:19 AM.
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  #83  
Old 02-25-2020, 01:31 PM
sjbender sjbender is offline
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The MINI case was filed on 3/12/2013 and settled on 7/26/2016.

The N20 case was filed on 9/22/2017.

MINI case took 3 years, 4 months and 25 days to settle.

As of 2/25/2020 the N20 case has lasted 2 years, 5 months, 24 days.

There would still be 11 months and 11 days left if the case lasted the same duration.
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  #84  
Old 02-25-2020, 10:55 PM
namelessman namelessman is online now
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Quote:
Originally Posted by sjbender View Post
The MINI case was filed on 3/12/2013 and settled on 7/26/2016.

The N20 case was filed on 9/22/2017.

MINI case took 3 years, 4 months and 25 days to settle.

As of 2/25/2020 the N20 case has lasted 2 years, 5 months, 24 days.

There would still be 11 months and 11 days left if the case lasted the same duration.
Another 11-12 months seem OK assuming the outcome is favorable for plaintiffs.

So did BMWNA also attempt to dig in and drag out around the first settlement conference?

The next conference call may provide some hints if this N20 case follows a similar path as the Mini case.
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  #85  
Old 02-26-2020, 10:29 AM
Autobahn Fritz Autobahn Fritz is offline
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I’m inclined to believe that Judge Waldor will not buy the defendant’s laundry list of discovery. She appears to be a judge that wants to aggressively work her docket. One thing to remember is that Judge Walls was in his mid-80’s, and spending a good deal of time with the contentious case regarding Senator Menendez.
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  #86  
Old 02-26-2020, 11:14 AM
namelessman namelessman is online now
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Originally Posted by Autobahn Fritz View Post
I’m inclined to believe that Judge Waldor will not buy the defendant’s laundry list of discovery. She appears to be a judge that wants to aggressively work her docket. One thing to remember is that Judge Walls was in his mid-80’s, and spending a good deal of time with the contentious case regarding Senator Menendez.
Yes BMWNA lawyers seem insincere to suggest inspection of cars from the 20 plaintiffs, while there are probably reams of N20/N26 timing chain repair records in their BMWNA's own dealer service departments, with expert analysis(discovery?) from dealer foremen and BMWNA's own field engineers. BMWNA has never been open about disclosing their own findings(including failure rate).
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  #87  
Old 02-28-2020, 12:35 PM
sjbender sjbender is offline
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Full docket text for document 63:
TEXT ORDER: The Court has reviewed the submission regarding remaining discovery, The parties will meet and confer and establish a schedule for conducting discovery with the following dates in mind:A final pretrial conference will be held on June 30, 2020 at 10 am before the undersigned, at which time ALL discovery shall have been completed. Parties shall immediately attempt to resolve all discovery disputes and be prepared to present any open issues to the Court by the end of March 2020. There will be no adjournments. The parties shall submit to the Court their joint final pretrial order via email to [email protected] no later than five (5) business days before the conference. The Court expects to engage in meaningful settlement discussions at the Final Pretrial Conference. Therefore, trial counsel, clients, and/or other persons with full settlement authority must attend the conference. This does not relieve the parties of their obligation to submit their joint final pretrial order no later than five (5) business before the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 2/27/20. (tjg, )
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  #88  
Old 02-28-2020, 01:29 PM
namelessman namelessman is online now
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So the judge gave BMWNA extra 3.5 months to do further fact/expert discoveries, and set a deadline of June 30 to decide trial/no trial for both parties.

As a side note, does blown engine(versus diagnosed as going bad from metal in oil and such) from TC failure always result in a CEL? My assertion is yes, but there is no definitive answer from forum posts.
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  #89  
Old 02-28-2020, 03:45 PM
John MS John MS is offline
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Still kicking the can down the road. Those of us who are concerned about failure may want to go ahead and and have.those components changed at personal expense.
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  #90  
Old 02-28-2020, 07:16 PM
namelessman namelessman is online now
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From now to June 30 will be 4 months, it is not too long for a clear indication of settlement or not.

My leaning is to just wait out till final pre-trial conference, and see if BMWNA is adamant enough to go on trial.
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  #91  
Old 02-29-2020, 09:23 AM
12K 12K is offline
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The latest I've seen:

Case Developments
February 27, 2020
GELIS et al v. BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT et al
Order
TEXT ORDER: The Court has reviewed the submission regarding remaining discovery, The parties will meet and confer and establish a schedule for conducting discovery with the following dates in mind:A final pretrial conference will be held on June 30, 2020 at 10 am before the undersigned, at which time ALL discovery shall have been completed. Parties shall immediately attempt to resolve all discovery disputes and be prepared to present any open issues to the Court by the end of March 2020. There will be no adjournments. The parties shall submit to the Court their joint final pretrial order via email to [email protected] no later than five (5) business days before the conference. The Court expects to engage in meaningful settlement discussions at the Final Pretrial Conference. Therefore, trial counsel, clients, and/or other persons with full settlement authority must attend the conference. This does not relieve the parties of their obligation to submit their joint final pretrial order no later than five (5) business before the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 2/27/20. (tjg, )
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  #92  
Old 02-29-2020, 01:52 PM
sjbender sjbender is offline
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Quote:
Originally Posted by 12K View Post
The latest I've seen:

Case Developments
February 27, 2020
GELIS et al v. BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT et al
Order
TEXT ORDER: The Court has reviewed the submission regarding remaining discovery, The parties will meet and confer and establish a schedule for conducting discovery with the following dates in mind:A final pretrial conference will be held on June 30, 2020 at 10 am before the undersigned, at which time ALL discovery shall have been completed. Parties shall immediately attempt to resolve all discovery disputes and be prepared to present any open issues to the Court by the end of March 2020. There will be no adjournments. The parties shall submit to the Court their joint final pretrial order via email to [email protected] no later than five (5) business days before the conference. The Court expects to engage in meaningful settlement discussions at the Final Pretrial Conference. Therefore, trial counsel, clients, and/or other persons with full settlement authority must attend the conference. This does not relieve the parties of their obligation to submit their joint final pretrial order no later than five (5) business before the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 2/27/20. (tjg, )
Yes sir, this is entry 63...
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  #93  
Old 03-04-2020, 09:17 AM
sjbender sjbender is offline
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There is a class action suit in Canada as well. Not certain if this is the same as the US case...

https://www.newswire.ca/news-release...653043233.html
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  #94  
Old 03-04-2020, 10:28 AM
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Doug Huffman Doug Huffman is offline
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Originally Posted by sjbender View Post
There is a class action suit in Canada as well. Not certain if this is the same as the US case...
It is not possible for it to be the same case, the same case captioned (the heading of a pleading or other document that identifies the parties, court, term, and number of the action).
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  #95  
Old 03-04-2020, 01:08 PM
John MS John MS is offline
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But the same subject matter?
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  #96  
Old 03-04-2020, 02:42 PM
namelessman namelessman is online now
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Originally Posted by Doug Huffman View Post
It is not possible for it to be the same case, the same case captioned (the heading of a pleading or other document that identifies the parties, court, term, and number of the action).
Those are two different class action in two different jurisdictions, but the plaintiff complaints are the same N20 timing chain issues(looks like Canada has no N26).
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  #97  
Old 03-05-2020, 05:59 AM
sjbender sjbender is offline
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Originally Posted by namelessman View Post
Those are two different class action in two different jurisdictions, but the plaintiff complaints are the same N20 timing chain issues(looks like Canada has no N26).
Quote:
Originally Posted by Doug Huffman View Post
It is not possible for it to be the same case, the same case captioned (the heading of a pleading or other document that identifies the parties, court, term, and number of the action).
Thanks Doug and namelessman. I assumed that they were not truly the same court case being that they are from different countries. I probably should have said that 'I was not sure if it was the same grounds'. I didn't have my coffee yet...
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  #98  
Old 03-16-2020, 07:19 PM
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Full docket text:
Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 3/16/2020. (tjg, )
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Old 03-16-2020, 07:50 PM
ubviswanath ubviswanath is offline
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Can you please elaborate?
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  #100  
Old 03-17-2020, 07:09 AM
sjbender sjbender is offline
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Can you please elaborate?
They rarely disclose what was discussed at telephone conferences. This is just a minute entry.
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