BMWNA F30 N20/N26 timing chain class action lawsuit settlement 2/3/2020 - Page 5 - Bimmerfest - BMW Forums



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  #101  
Old 03-17-2020, 09:37 AM
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Originally Posted by ubviswanath View Post
Can you please elaborate?
”Minute entry,” as in taking minutes.
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  #102  
Old 03-18-2020, 02:49 PM
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What do festers think of the possibility of a recall on N20/N26 TC?

Last edited by namelessman; 03-18-2020 at 11:31 PM.
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  #103  
Old 03-20-2020, 11:58 AM
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Originally Posted by namelessman View Post
What do festers think of the possibility of a recall on N20/N26 TC?
Me personally thing that they will extend the warranty to somewhere near 150k since this is the first mention of maintenance in the owners manual.

There will likely be some recoup of cost that owners paid out to repair their vehicles from a result of this failure. I do not see there being a recall or punitive award for the general class action people.

Just my thoughts, hope that I am wrong to the better and I have zero training in the legal field.
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  #104  
Old 03-20-2020, 12:03 PM
namelessman namelessman is offline
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Me personally thing that they will extend the warranty to somewhere near 150k since this is the first mention of maintenance in the owners manual.
My owner's manual(2013) does not mention 150k maintenance schedule for timing chain, is there a screenshot/link for this?
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  #105  
Old 03-23-2020, 04:37 AM
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Originally Posted by namelessman View Post
My owner's manual(2013) does not mention 150k maintenance schedule for timing chain, is there a screenshot/link for this?
I do not have one, my car has been sitting at the dealer since last April. I believe I had read this in the court complaint. I will take a look again when I get a moment.
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  #106  
Old 03-23-2020, 08:44 PM
namelessman namelessman is offline
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Originally Posted by sjbender View Post
I do not have one, my car has been sitting at the dealer since last April. I believe I had read this in the court complaint. I will take a look again when I get a moment.
My post in another thread is that BMW starts to use LL17FE 0w20 on N20/N26. The engine does perform quieter and smoother than even LL01FE 0w30(and more so than LL01).

Maybe oil does have something to do with this N20/N26 TC issue.
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  #107  
Old 03-24-2020, 05:32 AM
sjbender sjbender is offline
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Full docket text for document 64:
Letter from Christopher Dalton. (Attachments: # (1) Consent to Magistrate Judge Jurisdiction)(DALTON, CHRISTOPHER)
Christopher J. Dalton
973-424-5614
[email protected]
550 Broad Street, Suite 810
Newark, New Jersey 07102
T 973-273-9800
F 973-273-9430
www.bipc.com
INCORPORATED IN PENNSYLVANIA :: CHRISTOPHER DALTON, NEWARK, NEW JERSEY OFFICE MANAGING SHAREHOLDER
March 20, 2020
VIA CM/ECF
William T. Walsh, Clerk
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 Mr. Walsh:
We represent Defendant BMW of North America, LLC (BMW NA) in this matter. Enclosed please find the parties’ executed “NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE” (Form AO 85).
Thank you for your courtesies.
Very truly yours,
/s/ Christopher J. Dalton
Christopher J. Dalton
CJD/ Case 2:17-cv-07386-SDW-CLW Document 64 Filed 03/23/20 Page 1 of 1 PageID: 2309


Full docket text for document 64-1:
UNITED STATES DISTRICT COURT
for the District of New Jersey
Civil Action No. 2:17-cv-7386-SDW-CLW
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names Signatures of parties or attorneys Dates
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.
Date:
District Judge’s signature
Printed name and title
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.
District of New Jersey
Artem V. Gelis, et als.
Bayerische Motoren Werke Aktiengesellschaft, et al
2:17-cv-7386-SDW-CLW
BMW of North America, LLC s/Christopher J. Dalton 03/18/2020
Artem V. Gelis, et als. s/Gary S. Graifman 03/18/2020
s/Bruce H. Nagel 03/18/2020
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  #108  
Old 03-24-2020, 09:14 AM
namelessman namelessman is offline
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Originally Posted by sjbender View Post
[B]
Full docket text for document 64-1:
UNITED STATES DISTRICT COURT
for the District of New Jersey
Civil Action No. 2:17-cv-7386-SDW-CLW
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent
.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names Signatures of parties or attorneys Dates
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.
Date:
District Judge’s signature
Printed name and title
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.
District of New Jersey
Artem V. Gelis, et als.
Bayerische Motoren Werke Aktiengesellschaft, et al
2:17-cv-7386-SDW-CLW
BMW of North America, LLC s/Christopher J. Dalton 03/18/2020
Artem V. Gelis, et als. s/Gary S. Graifman 03/18/2020
s/Bruce H. Nagel 03/18/2020
Does this mean BMWNA consent to judge's final judgement as binding?
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  #109  
Old 03-24-2020, 12:52 PM
sjbender sjbender is offline
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Quote:
Originally Posted by namelessman View Post
Does this mean BMWNA consent to judge's final judgement as binding?
Looks to be more of a procedure item from what I read here...

https://www.law.cornell.edu/rules/frcp/rule_73
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  #110  
Old 03-24-2020, 01:05 PM
sjbender sjbender is offline
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Full docket text for document 65:
CONSENT ORDER to Jurisdiction by US Magistrate Judge by BMW OF NORTH AMERICA, LLC, ARTEM V. GELIS re [64] Letter with Proposed Consent Form. Case reassigned to Magistrate Judge Cathy L. Waldor. (dam, )

Full docket text for document 65-1:
AO 85 (Rev. 01/09) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge
UNITED STATES DISTRICT COURT
for the
Artem V. Gelis, et als. )
Plaintiff )
v. )
Bayerische Motoren Werke Aktiengesellschaft, et al )
Defendant )
Civil Action No. 2:17-cv-7386-SDW-CLW
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE
Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all
proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may
exercise this authority only if all parties voluntarily consent.
You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse
substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise
be involved with your case.
Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge
conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings.
Parties’ printed names Signatures of parties or attorneys Dates
BMW of North America, LLC s/Christopher J. Dalton 03/18/2020
Artem V. Gelis, et als. s/Gary S. Graifman 03/18/2020
s/Bruce H. Nagel 03/18/2020
Reference Order
IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and
order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73.
Date: March 24, 2020 s/ Susan D. Wigenton
District Judge’s signature
HON. SUSAN D. WIGENTON, U.S.D.J.
Printed name and title
Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States
magistrate judge. Do not return this form to a judge.
District of New Jersey
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  #111  
Old 03-24-2020, 01:27 PM
namelessman namelessman is offline
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Quote:
Originally Posted by sjbender View Post
Looks to be more of a procedure item from what I read here...

https://www.law.cornell.edu/rules/frcp/rule_73
So this is setting the stage for trial then.
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  #112  
Old 03-24-2020, 07:57 PM
sjbender sjbender is offline
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Originally Posted by namelessman View Post
So this is setting the stage for trial then.
That is what I am thinking as well... If this goes to trial, I will be there every day! (if the public is allowed)
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  #113  
Old 03-27-2020, 01:51 PM
sjbender sjbender is offline
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Other than being in July, this sounds promising... Makes sense why the consent for magistrate judgement was filed earlier this week.

Full docket text for document 66:
TEXT ORDER: The Court will hold an in person conference to approve the settlement on 7/13/20 at 11:30am in Courtroom 4D.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/27/20. (tjg, )
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  #114  
Old 03-27-2020, 02:52 PM
namelessman namelessman is offline
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Originally Posted by sjbender View Post
Other than being in July, this sounds promising... Makes sense why the consent for magistrate judgement was filed earlier this week.

Full docket text for document 66:
TEXT ORDER: The Court will hold an in person conference to approve the settlement on 7/13/20 at 11:30am in Courtroom 4D.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/27/20. (tjg, )
Wow this is promising indeed.

Given work-from-home and shelter mandates(and car not accumulating miles), July probably will be A-OK.
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  #115  
Old 03-27-2020, 07:20 PM
namelessman namelessman is offline
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My wishful thinking is that BMWNA may settle for a recall, and needs time till July to prep dealers for the jobs.
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  #116  
Old 03-28-2020, 08:36 PM
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I doubt very much they would go for a full recall. Best case scenario for me looks like 10/150,000 warranty and/or some stupid credit towards purchasing a new Bimmer.
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  #117  
Old 03-29-2020, 10:51 AM
namelessman namelessman is offline
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I doubt very much they would go for a full recall. Best case scenario for me looks like 10/150,000 warranty and/or some stupid credit towards purchasing a new Bimmer.
Hopefully N26 in PZEV states can get 15 years/150000 miles warranty on TC.

Ideally a recall can be a great way to extend good will and build brand loyalty.
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  #118  
Old 03-29-2020, 08:21 PM
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Originally Posted by namelessman View Post
Hopefully N26 in PZEV states can get 15 years/150000 miles warranty on TC.

Ideally a recall can be a great way to extend good will and build brand loyalty.
I doubt they will do a full recall. Remember many, probably the vast majority, of owners of the affected motors have no clue that they own a "ticking time bomb." Imagine what a letter out of the blue would do for those folks. THAT would cause a big black eye on BMW. No, they would want to keep this as low key as possible and deal with the issue through an extended warranty.

The good-will you are talking about would only work for us educated Bimmer-heads. And we are a minority of BMW owners.

Correction to my earlier post: Hoping for a 15y/150k warranty.
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  #119  
Old 03-30-2020, 05:43 AM
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A 15yr/150k warranty would/should be both reasonable and acceptable (to BMW as well as most owners; me included). I hope that is what they do.
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  #120  
Old 03-31-2020, 03:35 PM
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So I had this happen to me Friday

In Canada we got two lawsuits

https://www.siskinds.com/class-action/bmw-engine/
https://www.strosbergco.com/class-actions/bmw/

1) Timing chain and oil pump drive chain (Now)
2) Fuel tank leak diagnostic Module (NVLD) (2019)
3) Coolant thermostat (2016)
4) Engine oil feed line to the turbocharger (2018)

I had an extended 7yr/120k miles warranty
My car is a year over 8th yr/94,448 miles

BMW Case manager said we don't have to do a recall, issue an advisory or notice to owners.

I think they might be waiting for someone to stall their car on a left turn due to one of the 3 issues here and get T-boned by the oncoming car.

Don't think it will help but willing to do an inspection on my car and provide paperwork supporting your cases.

Lead the way!
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  #121  
Old 04-01-2020, 06:26 AM
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I haven't been able to read up and limited now, but if not included, curious to know if the minutes from the teleconference have been revealed.

Case Developments
March 27, 2020
GELIS et al v. BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT et al
Order
TEXT ORDER: The Court will hold an in person conference to approve the settlement on 7/13/20 at 11:30am in Courtroom 4D.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/27/20. (tjg, )
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  #122  
Old 04-01-2020, 11:39 AM
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Originally Posted by 12K View Post
I haven't been able to read up and limited now, but if not included, curious to know if the minutes from the teleconference have been revealed.

Case Developments
March 27, 2020
GELIS et al v. BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT et al
Order
TEXT ORDER: The Court will hold an in person conference to approve the settlement on 7/13/20 at 11:30am in Courtroom 4D.. So Ordered by Magistrate Judge Cathy L. Waldor on 3/27/20. (tjg, )
The telephone conference details are not available on any of them.
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  #123  
Old 04-02-2020, 04:12 PM
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makes sense.

I read your previous post that your car has been at the dealer since April....mine was as well, but they sent me a certified letter in January telling me that I had to pick it up within 30 days or it would be sold at auction, and that I had a storage fee of $2500. It has 74K miles. I had it towed to my home.

Concerning the present situation, it will be interesting to see the timeline on this playing out, particularly with the potential impact of COVID 19 presenting an opportunity for Waldor to get a grip on her docket, or simply delay everything.
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  #124  
Old 04-03-2020, 09:52 AM
sjbender sjbender is offline
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Originally Posted by 12K View Post
makes sense.

I read your previous post that your car has been at the dealer since April....mine was as well, but they sent me a certified letter in January telling me that I had to pick it up within 30 days or it would be sold at auction, and that I had a storage fee of $2500. It has 74K miles. I had it towed to my home.

Concerning the present situation, it will be interesting to see the timeline on this playing out, particularly with the potential impact of COVID 19 presenting an opportunity for Waldor to get a grip on her docket, or simply delay everything.
I ask them every month if they want me to have it removed and they tell me every time that they will let me know if they do, it is ok right now.

I called the courthouse about the July hearing, it is open to the public, however they are not certain if the date will stay the same based on the COVID delays.
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  #125  
Old 04-08-2020, 08:12 AM
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I have an attorney soon to approach my local dealership, so I'll update with any movement.
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