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Discussion Starter #1
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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Hopefully the memorandum reflects a consensus settlement. And not just kicking the legal can down the road.
 

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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, let’s hope for a significant warranty extension. I’m 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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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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Discussion Starter #7

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Discussion Starter #8

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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!)
 

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Discussion Starter #11
Mercedes had a timing chain class action suit. The judge ruled that the Company didn***8217;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***8217;s too bad (said the judge, not me; don***8217;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-settlements/closed-settlements/86803-mercedes-engine-defect-class-action-settlement/
 

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Discussion Starter #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.:dunno:
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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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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mark to follow this thread.
 

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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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Discussion Starter #17 (Edited)
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.
 

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Discussion Starter #18
Judge Walls appears to be fair and square in Mini TC class action:

***8220;The proposed settlement does not provide merely a phantom benefit,***8221; Senior U.S. District Judge William H. Walls declared, ***8220;but rather a real benefit pegged to the amount of loss each [class] member has suffered or will suffer.***8221;

Unfortunately Judge Walls passed away this July ....
 

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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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Discussion Starter #20
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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