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Welcome

Welcome to the Herremans v. BMW of North America, LLC Settlement Website 

There is a proposed Settlement of a class action in the United States District Court for the
Central District of California titled
Herremans v. BMW of North America, LLC
Civil Number: 14-cv-02363-GW-PJW 

Settlement Update March 6, 2017
On January 13, 2017, the Settlement Administrator mailed checks to those claimants who submitted valid and timely claims. On or around March 14, 2017, the Settlement Administrator will be mailing a second group of checks to claimants who submitted valid and timely claims. Check reissues will also be mailed with this group. Please allow up to two weeks for the checks to arrive.

Please note: All checks are valid for 90 days from the issue date. If you need a check reissue for any reason, please contact the Settlement Administrator by mail at Herremans v BMW of North America LLC Settlement, C/O Rust Consulting, PO Box 2561, Faribault, MN 55021-9561. Your check reissue request must be received by the Settlement Administrator by April 19, 2017. 

The Court held the Final Fairness Hearing on November 28, 2016 and finally approved the Settlement on November 29, 2016. The court document has been uploaded to the Court Documents page. 

The Settlement Effective Date is: November 29, 2016.

Under the terms of the finally approved class action settlement, you may be entitled to receive benefits, if: 
(1) you currently own or lease, or previously owned or leased, a MINI R55, R56, R57, R58, R59, or R60 vehicle (production dates October 2006 through November 2012); and
(2) either incurred out-of-pocket costs to replace the vehicle’s water pump (MINI Part No. 11 51 7 550 484) (“Water Pump”) due to a water pump failure or may at some future date need to replace the vehicle’s Water Pump due to a Water Pump failure; and
(3) the Water Pump failed or fails in the 7 year/84,000 mile period (whichever occurs first) from the date the MINI was first placed in service as a new vehicle.


If you have a Settlement Class Vehicle, meet the above criteria  and your water pump, MINI Part No. 11 51 7 550 484, was replaced on or before July 22, 2016, your claim filing deadline has passed as of October 21, 2016.

If you have a Settlement Class Vehicle, meet the above criteria  and your water pump, MINI Part No. 11 51 7 550 484, was replaced on or after July 23, 2016, your claim filing deadline has passed as of December 29, 2016. 

If you have a Settlement Class Vehicle, meet the above criteria  and your water pump, MINI Part No. 11 51 7 550 484, needs to be replaced after the Settlement Effective Date of November 29, 2016, MINI will cover 100% of the costs to replace a failed Water Pump. This repair will be covered if you meet the above criteria and the vehicle is presented to an authorized MINI dealer in the United States or Puerto Rico during the Settlement Warranty Period for repair. Water Pump Repairs performed by third party repair facilities after the Effective Date, November 29, 2016, will not be paid or otherwise covered by MINI under this Settlement. A Claim Form is not required to receive this benefit. If you meet the qualifications set forth herein, simply take your vehicle to an authorized MINI dealership for the repair.

INITIAL DISTRIBUTION: Class members who submitted a valid and timely claim for water pump repairs prior to July 22, 2016 will be mailed a check on or before January 13, 2017.


Case Summary

Plaintiff Trish Herremans filed this lawsuit in March 2014. The operative complaint alleges that the original water pump in the Class Vehicles with thermo-plastic housing is defective because it is prone to leaking and failure. The lawsuit asserts claims against the authorized United States distributor of MINI vehicles, BMW of North America, LLC (“MINI”) for (1) violation of California Civil Code § 1750 et seq. (“CLRA”), (2) violation of California Business & Professions Code § 17200 et seq. (“UCL”), and (3) for fraud.

Class Member Definition

All current and former owners and lessees within the United States, the District of Columbia, and Puerto Rico of the following vehicles, MINI R55, R56, R57, R58, R59 or R60 manufactured at any time from start of production in October 2006 through November 2012 (“Class Vehicle”). 

Class Member Options

 

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

PARTICIPATE IN THE SETTLEMENT

If you agree with the proposed settlement, you do not need to do anything to remain in the class. If you incurred an Out-of-Pocket Cost for a Water Pump Repair on or after July 23, 2016, your Claim must be postmarked on or before December 29, 2016.

If your water pump repair occurred on or before July 22, 2016, you were required to submit a timely Claim, postmarked no later than October 21, 2016, to be eligible for reimbursement. The claim filing deadline for water pump repairs occurring on or before July 22, 2016 has now passed. If your claim was submitted after October 21, 2016, it may be ineligible for payment.

EXCLUDE YOURSELF

You will not be entitled to participate in the settlement if you choose this option. If you wish to exclude yourself, your written request must be postmarked no later than August 26, 2016. The deadline to exclude yourself has now passed.

OBJECT / COMMENT

You may write to the Court about why you do, or do not, like the settlement.  You must remain in the class to comment in support of, or in opposition to, the settlement. If you wish to object to the settlement or comment on the settlement your written request must be postmarked no later than August 26, 2016The deadline to object to the settlement or comment on the settlement has now passed.

ATTEND THE HEARING

You may ask to speak to the Court about the fairness of the settlement. If you wish to attend the hearing, you must inform the Court. Your written request must be postmarked no later than August 26, 2016The deadline to request to speak to the Court regarding this settlement has now passed.

 

Additional Information

Although the information in this website is intended to assist potential class members, it does not replace the information contained in the Class Notice and the Settlement Agreement, both of which can be found and downloaded from this website. We recommend that you read the Notice and other relevant case documents carefully.

  • To read the full Settlement Notice, please visit the Notice page.
  • For answers to common questions, please visit the Commonly Asked Questions page. 
  • For key dates and deadlines, please review the Important Dates page.
  • If you wish to download important case documents please visit the Court Documents page. 
  • To contact the Claims Administrator, refer to the Contact Us page.

 

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Disclaimer

This site is not operated by the Court, Class Counsel, Defendant’s Counsel, or Defendant. This class action settlement is supervised by the Court and is administered by a consulting firm that handles all aspects of settlement administration.

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