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



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The sixth generation BMW 3 Series Sedan F30/F31/F34 and the first first generation 4 Series Coupe F32/F33/F36. Get the latest 3 and 4 series pricing from our ordering and pricing guide sticky thread.

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  #51  
Old 02-03-2020, 11:09 AM
Billy_Jack Billy_Jack is offline
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What interval are they suggesting? Is it still every 10k miles?
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  #52  
Old 02-03-2020, 11:13 AM
N20Problem N20Problem is offline
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It was a brand new engine. They provided paperwork to prove it.
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  #53  
Old 02-03-2020, 12:23 PM
Billy_Jack Billy_Jack is offline
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It was a brand new engine. They provided paperwork to prove it.
I meant the intervals in the documentation they asked you to provide.
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  #54  
Old 02-03-2020, 01:24 PM
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Originally Posted by N20Problem View Post
It was a brand new engine. They provided paperwork to prove it.
That is good to know. For my N26 there is an "exchange short engine" part#11002420108, which should be a refurbished engine.

N20 also has an "exchange short engine" part#11002420342.
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  #55  
Old 02-03-2020, 01:25 PM
namelessman namelessman is offline
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Originally Posted by Billy_Jack View Post
What interval are they suggesting? Is it still every 10k miles?
Model year 2012 to 2013 should be 2 years/15000 miles, and 2014 and beyond 1 year/10000 miles per iDrive.
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  #56  
Old 02-03-2020, 02:06 PM
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DBU DBU is offline
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The latest theory of the "root cause" of these timing chains failing is Fuel.
According to Bimmertechnician, failures are much more common in USA and the speculation is that the Methanol blend we see in many areas is degrading the plastic. Certainly food for thought as it explains why only USA got the extended Limited Warranty.
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  #57  
Old 02-03-2020, 02:11 PM
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Doug Huffman Doug Huffman is offline
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Quote:
Originally Posted by DBU View Post
The latest theory of the "root cause" of these timing chains failing is Fuel.
According to Bimmertechnician, failures are much more common in USA and the speculation is that the Methanol blend we see in many areas is degrading the plastic. Certainly food for thought as it explains why only USA got the extended Limited Warranty.
Rank speculation. How is the ďmethanolĒ[sic] vapor escaping combustion to be particularly leaked past the rings into the crankcase.

Actually the US fuel supplement alcohol is ethanol.
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  #58  
Old 02-03-2020, 03:54 PM
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Not my words:

QUOTE
bmwtechnician says:
February 4, 2020 at 12:36 am

This could be a fuel issue,,,but BMW is not saying anything about the problem.
UNQUOTE

But one difference between Europe and the USA is indeed the fuel. As I understand it, Europe sees relatively few TC failures on the N20 and N26 motors.

Sorry about the "Methanol v. Ethanol" error. My interest in, and knowledge about, alcohol pretty much only goes as far as Malbec wine...
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  #59  
Old 02-03-2020, 07:08 PM
namelessman namelessman is offline
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Originally Posted by DBU View Post
But one difference between Europe and the USA is indeed the fuel. As I understand it, Europe sees relatively few TC failures on the N20 and N26 motors.
Fuel can be another factor, specifically the high(er) sulfur content of US gasoline does strip out anti-corrosive additives of engine oil faster than Euro gasoline.

If fuel is the issue, then frequent OCI to replace worn out oil will help, however, there are reported(albeit anecdotal) failures even with 5k-7k OCIs.

Also BMW LL01 supposedly addresses the high(er) sulfur issue, compared to LL04 used in Europe.
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  #60  
Old 02-03-2020, 07:54 PM
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So we will add fuel type to the questions for TC failure:
- Oil Change Interval (OCI)
- Start stop in use daily (ASS)
- Driving style
- Vehicle (heavy or light)
- Fuel type - specifically if you used E85 fuel.
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  #61  
Old 02-04-2020, 03:42 AM
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Why not learn what plastic precisely is used and if that particular elastomer formulation has chemical fragilities.
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  #62  
Old 02-04-2020, 09:29 AM
namelessman namelessman is offline
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Quote:
Originally Posted by Doug Huffman View Post
Why not learn what plastic precisely is used and if that particular elastomer formulation has chemical fragilities.
This comment is from another N20/N26 TC thread:

https://bmwtechnician.com/2016/08/07.../#comment-5930

"On the other hand, coming from polymer industry, Ive seen a lot challenge that the old rail were white once and turn orange over time, plastics do turn yellowish overtime due to degredation, it is a result of polymer chains breaking down which is what we will see in aged plastics, yellowing headlights or in our case the timing chain rail. However, it will not turn orange even it is summerged in oil. I do believe BMW revised part to uncolored for a reason. Adding pigments into any plastics reduce the melt flow of the material which results in decreasing the mechanical properties of the materials. The revised uncolored rail suppose to last better. Adding pigments into plastics causes the pigment to break down polymer chains during the injection molding of the part or extrusion which is a 2 step process(color compounding), when I say 2 steps it means 2 heat history applied to the material to further degredates the materials.

P/S: The "white color" of the rail is the virgin color of material, I haven't touch them in person but I strongly believe it is made of unfilled Polyamide."

Another reference is to a X3 thread about N20/N26 TC issue. And post#25 is the first time a poster confirmed a CEL and a camshaft timing fault code, 130E20 "Intake Camshaft offset angle to crankcase outside tolerance", for this TC issue.

https://x3.xbimmers.com/forums/showt...1482736&page=2

Last edited by namelessman; 02-04-2020 at 09:37 AM.
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  #63  
Old 02-11-2020, 01:24 PM
namelessman namelessman is offline
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Poster sjbender posted this on the other forum:

"The PACER system is not working too reliably to check on case status over the last couple days however, the 2/14 date is still listed as the settlement day. The two sides had to submit their settlement offers 5 days prior. So BMW would have had to submit something to the court last Friday."

The moment of truth will arrive in 3 days, fingers crossed.
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  #64  
Old 02-14-2020, 02:17 PM
namelessman namelessman is offline
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Poster sjbender posted this on the other forum:

Full docket text for document 60:
TEXT ORDER: Parties having failed to settle the remainder of the case will engage in an accelerated discovery schedule. The parties are to submit individual letters addressing remaining outstanding discovery including any foreseeable discovery problems by Monday February 24, 2020. The Court will hold a telephone conference, to be initiated by plaintiff, on 3/16/20 at 4pm. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 2/14/20. (tjg, )
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  #65  
Old 02-14-2020, 05:25 PM
John MS John MS is offline
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As I thought, still kicking the can down the road.
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  #66  
Old 02-14-2020, 05:50 PM
namelessman namelessman is offline
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As I thought, still kicking the can down the road.
The docket text does not elaborate " the remainder of the case", maybe certain documents(e.g. warranty info) were not submitted during original discoveries, so the judge mandated both sides to finalize by Feb 24.
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  #67  
Old 02-15-2020, 12:04 PM
Autobahn Fritz Autobahn Fritz is offline
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Having been involved in litigation mediations and settlement conferences for many years, itís not unusual for complex cases to not resolve during the initial negotiations. I do believe that there is a strong incentive for BMW to settle this matter. Once you hand the case off to a jury, you can no longer control the outcome. At that point, the risk is open ended.
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  #68  
Old 02-15-2020, 08:02 PM
namelessman namelessman is offline
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Originally Posted by Autobahn Fritz View Post
Having been involved in litigation mediations and settlement conferences for many years, itís not unusual for complex cases to not resolve during the initial negotiations. I do believe that there is a strong incentive for BMW to settle this matter. Once you hand the case off to a jury, you can no longer control the outcome. At that point, the risk is open ended.
At least docket text said "failed to settle the remainder of the case", that implies they did agree on something.
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  #69  
Old 02-16-2020, 09:59 AM
Autobahn Fritz Autobahn Fritz is offline
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Originally Posted by namelessman View Post
At least docket text said "failed to settle the remainder of the case", that implies they did agree on something.
The phrase in question is a bit of a mystery, but Iím hoping as well that some progress was made on Friday. Hopefully, there will be a substantive docket entry after the March 16 conference call.
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  #70  
Old 02-16-2020, 12:59 PM
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Originally Posted by Autobahn Fritz View Post
The phrase in question is a bit of a mystery, but Iím hoping as well that some progress was made on Friday. Hopefully, there will be a substantive docket entry after the March 16 conference call.
Thanks for perspective from trained eyes!

Would (informal) inquiry to lead attorneys be allowed at this stage of litigation?
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  #71  
Old 02-17-2020, 07:19 PM
Autobahn Fritz Autobahn Fritz is offline
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Originally Posted by namelessman View Post
Thanks for perspective from trained eyes!

Would (informal) inquiry to lead attorneys be allowed at this stage of litigation?
I was involved in a major class action matter a few years ago. Those participating were advised not to discuss specifics of settlement negotiations. This, of course, makes sense, and would apply to any type of case. I believe the attorneys may be able to comment on whether or not there has been progress toward settlement.
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  #72  
Old 02-18-2020, 09:54 AM
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Originally Posted by Autobahn Fritz View Post
I was involved in a major class action matter a few years ago. Those participating were advised not to discuss specifics of settlement negotiations. This, of course, makes sense, and would apply to any type of case. I believe the attorneys may be able to comment on whether or not there has been progress toward settlement.
An attorney's gut feeling on the progress of settlement isn't always accurate. In addition, they usually don't make public comment. Unfortunately, the general public will just have to sit and wait. (the general public can subscribe to PACER and see the documents submitted to the court. To do so, go to the federal court for that district website. For example, Southern District of New York)
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  #73  
Old 02-19-2020, 10:49 AM
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Good day. I found this thread with a Google search...

I'll update this thread as well as the Bimmerpost.com thread with court proceedings as they happen. I check the PACER system at the end of every day.

As far as the restitution requested, these are from the filed case;

COUNT XIII
INJUNCTIVE AND DECLARATORY RELIEF
222. The proposed class representative and proposed class members hereby incorporate by
reference all allegations in the preceding paragraphs as if set forth fully in this count.
223. There is a justiciable dispute as to whether the primary and secondary chain assemblies
incorporated in class engines should be covered under the Limited Powertrain Warranty and/or New
Vehicle Limited Warranty accompanying class vehicles.
224. The proposed class representative and proposed class members request a declaratory
judgment declaring that, going forward, the remedial work necessary to correct the defective chain
assemblies incorporated in class engines together with all resulting damages are covered warranty
claims.
225. This remedy is requested for all class members who still possess their vehicles. This
remedy is authorized under the consumer fraud statutes of New Jersey together with all other states
that grant each respective proposed class representative and proposed class member the right to seek
injunctive or declaratory relief for violations of such consumer fraud statutes.

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.
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  #74  
Old 02-19-2020, 10:52 AM
sjbender sjbender is offline
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This is the where a lot of people are saying 150,000 miles...

(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;

My car failed at 101,000 miles. If they extend the chains to 100,000... ummmm, yeah...
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  #75  
Old 02-19-2020, 10:57 AM
namelessman namelessman is offline
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Originally Posted by sjbender View Post
Good day. I found this thread with a Google search...

I'll update this thread as well as the Bimmerpost.com thread with court proceedings as they happen. I check the PACER system at the end of every day.
Thanks!
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