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



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  #1  
Old 12-12-2019, 08:24 PM
namelessman namelessman is offline
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BMWNA F30 N20/N26 timing chain class action lawsuit settlement 2/3/2020

An enthusiast on the other forum posted the latest docket text about today's conference call, hopefully it will be good news for all those affected.

"TEXT ORDER: The Court will hold an In-Person Settlement Conference on 2/3/20 at 11am in Courtroom 4D. All persons, including trial counsel and clients with settlement authority, must be present. Parties are also required to submit a five (5) page confidential settlement memorandum to chambers via email to [email protected] at least five (5) business days prior to conference. So Ordered by Magistrate Judge Cathy L. Waldor on 12/12/19. (tjg, )"
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  #2  
Old 12-12-2019, 08:54 PM
JoeyMcMahon666 JoeyMcMahon666 is offline
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Just recall these god damn chains lmao


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  #3  
Old 12-13-2019, 01:09 PM
John MS John MS is offline
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Hopefully the memorandum reflects a consensus settlement. And not just kicking the legal can down the road.
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Old 12-15-2019, 11:12 AM
namelessman namelessman is offline
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Quote:
Originally Posted by John MS View Post
Hopefully the memorandum reflects a consensus settlement. And not just kicking the legal can down the road.
My guess is the settlement needs to be agreed upon among all parties, so does that imply a consensus?

BTW, the original thread is this, post#263:
https://f30.bimmerpost.com/forums/sh...614899&page=12

Last edited by namelessman; 12-15-2019 at 11:13 AM.
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Old 12-15-2019, 03:53 PM
Autobahn Fritz Autobahn Fritz is offline
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If I were BMW, this not a case I would want to try. As I understand, one of the demands is that BMW undertake a recall for a retrofit. At a minimum, letís hope for a significant warranty extension. Iím still under my BMW 7/70 until June 2021. This is a full warranty which I purchased when I bought my 2014 X3.
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Old 12-15-2019, 08:39 PM
Elk Elk is offline
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No settlement has been reached. The Court has merely ordered the parties appear to discuss possible settlement. The Court will attempt to mediate a settlement when they meet.
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Old 12-15-2019, 09:10 PM
namelessman namelessman is offline
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No settlement has been reached. The Court has merely ordered the parties appear to discuss possible settlement. The Court will attempt to mediate a settlement when they meet.
Yes 2/3/2020 is (first) settlement conference. If both parties do not agree then it will go to trial, or the judge will attempt further settlement conference.

https://www.justia.com/trials-litiga...t-conferences/
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Old 12-15-2019, 09:15 PM
namelessman namelessman is offline
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Settlement of Mini N14 timing chain tensioner class action can be a template BMWNA will use. The N20 TC plaintiffs do ask for 10 years/150000 miles.

Since BMWNA is confident enough to provide 15 years//150000 miles PZEV warranty on 2016 N20/N26 TC, my hope is at least the PZEV cars (like mine) can get 15 years/150000 miles TC warranty too!

https://topclassactions.com/lawsuit-...on-settlement/
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Old 12-16-2019, 09:13 AM
Rebound Rebound is offline
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BMWNA F30 N20/N26 timing chain class action lawsuit settlement 2/3/2020

Mercedes had a timing chain class action suit. The judge ruled that the Company didnít need to do any more than meet its warranty obligations. If the warranty is 50,000 miles and they all fail at 51,000 miles, thatís too bad (said the judge, not me; donít shoot!)
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Old 12-16-2019, 10:01 AM
John MS John MS is offline
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Quote:
Originally Posted by namelessman View Post
My guess is the settlement needs to be agreed upon among all parties, so does that imply a consensus?

BTW, the original thread is this, post#263:
https://f30.bimmerpost.com/forums/sh...614899&page=12
Depends on what the judge asked for. Because everyone is submitting a 5 page settlement memo that makes me think the parties are not in agreement. Judge may be asking everyone to spell out what will it take to settle.
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Old 12-16-2019, 10:37 AM
namelessman namelessman is offline
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Originally Posted by Rebound View Post
Mercedes had a timing chain class action suit. The judge ruled that the Company didn't need to do any more than meet its warranty obligations. If the warranty is 50,000 miles and they all fail at 51,000 miles, that's too bad (said the judge, not me; don't shoot!)
Is there a reference to the mentioned MB timing chain class action?

Online search returns this other MB engine settlement. It seems these settlement won't go beyond 7 to 8 years of coverage though for full reimbursement.

https://topclassactions.com/lawsuit-...on-settlement/
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Old 12-16-2019, 10:42 AM
namelessman namelessman is offline
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Originally Posted by John MS View Post
Depends on what the judge asked for. Because everyone is submitting a 5 page settlement memo that makes me think the parties are not in agreement. Judge may be asking everyone to spell out what will it take to settle.
The judge supposedly cannot force the parties to agree, so if there is disagreement, the case will go to trial, or the judge will try to have additional settlement conferences.

Hopefully there will be a recall, like a customer care package, or else extending warranty is still deferring the issues.
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Old 12-16-2019, 10:53 AM
John MS John MS is offline
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Originally Posted by namelessman View Post
The judge supposedly cannot force the parties to agree, so if there is disagreement, the case will go to trial, or the judge will try to have additional settlement conferences.

Hopefully there will be a recall, like a customer care package, or else extending warranty is still deferring the issues.
There can be more than one settlement conference but at some point will head to trial if there is no agreement. With years and millions in legal costs added before resolution. I too hope that something comes out of this for BMW 3 Series owners. A recall and one-time parts replacement coupled with compensation for those few who paid to restore or replace a failed engine would be ideal.
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Old 12-16-2019, 11:07 AM
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Old 12-16-2019, 11:38 AM
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Old 12-16-2019, 01:56 PM
SteveinArizona SteveinArizona is offline
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Quote:
Originally Posted by John MS View Post
There can be more than one settlement conference but at some point will head to trial if there is no agreement. With years and millions in legal costs added before resolution. I too hope that something comes out of this for BMW 3 Series owners. A recall and one-time parts replacement coupled with compensation for those few who paid to restore or replace a failed engine would be ideal.
Most judges are very good at pushing the parties to settle. No one wants to tick off the guy/gal who is going to rule on all the issues.
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Old 12-16-2019, 02:39 PM
namelessman namelessman is offline
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Most judges are very good at pushing the parties to settle. No one wants to tick off the guy/gal who is going to rule on all the issues.
The case was first heard by Judge William Walls who kept most of the original N20/N26 TC lawsuit intact.

Judge Walls also approved the Mini N14 TC class action in 2016.

Now the case is on the bench of Judge Cathy Waldor, who appears to be a class action specialist.

Last edited by namelessman; 12-16-2019 at 02:45 PM.
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Old 12-16-2019, 07:55 PM
namelessman namelessman is offline
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Judge Walls appears to be fair and square in Mini TC class action:

"The proposed settlement does not provide merely a phantom benefit," Senior U.S. District Judge William H. Walls declared, "but rather a real benefit pegged to the amount of loss each [class] member has suffered or will suffer."

Unfortunately Judge Walls passed away this July ....
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Old 12-18-2019, 08:57 PM
Autobahn Fritz Autobahn Fritz is offline
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Judge Walls was the senior judge in that venue, having been appointed by Bill Clinton in 1994. He was involved in the contentious case involving Senator Menendez.

There is not much available on Judge Waldor. She was admitted to the bar in 1977. I noted a couple of comments by plaintiff attorneys, one positive, and one negative.
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Old 01-16-2020, 11:45 AM
namelessman namelessman is offline
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So the first settlement conference will be in 2.5 weeks, does anyone want to guess if BMWNA will issue a recall?
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Old 01-16-2020, 02:12 PM
Dovine Dovine is offline
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One can only hope.
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Old 01-16-2020, 08:53 PM
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My understanding is that these are just settings for the discussions to continue, with it being as likely to lead to a settlement as otherwise...I picture it as a mediation. It seems like the dockets reflected more than one of the changed, but could be wrong, I've been keeping up with the lead atty too, so I'm basing it on his feel as well. They obviously should've recalled it at the onset, but I doubt they'll offer that up unless required to by NHTSA, where the complaints are piling up. I bit the bullet and meet with my atty tomorrow to take it to my local dealer. BMW have painted themselves into a corner with this pitiful extended warranty....they're going to have a tough time getting around the manipulation of warranty provision allegation. It still shocks me when reading about the tremendous amount of people this has affected.
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Old 01-16-2020, 11:27 PM
namelessman namelessman is offline
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I bit the bullet and meet with my atty tomorrow to take it to my local dealer.
Did your N20/N26 have TC issue? Did the dealer offer any assistance after 7 years/70000 miles TC ELW warranty?
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Old 01-17-2020, 06:23 AM
12K 12K is offline
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It was the timing chain. I actually had a 'Drivetrain Malfunction' light come on in mid Feb 2019. I took my car into the dealership to check it, and also address a few complaints that happened to be in line with TC symptoms....shaking, loss of power when accelerating, etc. The dealership checked the codes, changed the oil, replaced a cylinder, then released it as good to go.

In late April, the same light came on and the car died....in 5pm traffic. I've read others who had serious collisions, but mine just stopped. The estimate was $12,500 to replace the engine. I had a service agreement dispute, so the car was there for months as I tried to fight that cause, but ultimately lost. It wasn't until October that I learned of the ELW. I had a conversation with the service mgr, who told that he'd submitted the claim to BMWNA in April, but it was denied. It was at 74k miles, so he told me that he appealed it, but BMWNA denied it again because I was over the mileage once when brought in for oil change.

BMWNA had nothing in their notes about the oil change, but they wouldn't budge on the 4k overage on miles. I called back several times just to try different Cust Relations Reps, requesting a Goodwill Repair, but still no luck. There are Regional Account Reps that work with the dealerships and have to authority to grant these requests, but you have to go through the dealer, so it's a circle of BS.

I've spent an obnoxious amount of time collecting info, so I can tell you that there are a tremendous amount of folks in our situation. The dealership sent a letter last month letting me know that, if I didn't pick up my car, it would be sold in Feb, as well as a storage bill for $2500. I'd been surprised they hadn't asked me to get it yet, but this being the first I'd heard about it was what pushed me to my attorney's office.

It may be that, if there are enough complaints, the NHTSA can force a recall, but not sure. Carcomplaints.com has a good bit of info, but this link was interesting to me. One of the complaints happened to be with my local dealer.

https://www.carcomplaints.com/BMW/52...e/engine.shtml
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Old 01-17-2020, 11:38 AM
PK2348 PK2348 is offline
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Originally Posted by namelessman View Post
So the first settlement conference will be in 2.5 weeks, does anyone want to guess if BMWNA will issue a recall?
That would be a surrender, not a settlement.
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