BMW of North America, LLC, Case No. 2:19-cv-12680 (ESK). Be sure to include: (1) your full name and current address;
(2) the model-year and VIN of your Class Vehicle(s) and the date(s) of purchase/lease; (3) specifically and clearly state
your desire to be excluded from the Settlement and from the Settlement Class; and (4) your signature. You cannot ask to
be excluded over the phone or via the internet. You must mail your request to be excluded, postmarked no later than
November 30, 2021, to the Settlement Administrator at the address below:
Isley Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Failure to comply with any of these requirements for excluding yourself may result in you being bound by this Settlement.
15.

Do I have a lawyer in the case?

The Plaintiffs and you have been represented by lawyers and a law firm that has prosecuted this case. Judge Kiel has
appointed the following lawyers to represent you and other Class Members as “Class Counsel”:
Frederick J. Klorczyk, III, Esq.
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
fklorczyk@bursor.com

Joel D. Smith, Esq.
Bursor & Fisher, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94696
jsmith@bursor.com

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear
in Court for you at your own expense.
16.

How will the lawyers be paid?

As part of the resolution of the Action, Class Counsel and Defendants have agreed that Class Counsel may apply for an
award of attorneys’ fees, costs, and expenses not to exceed $1,900,000.00, inclusive of service awards to the nine Plaintiffs
in the amount of $3,000.00 ($27,000.00 in total). Defendant has agreed not to oppose this request. The Parties have also
agreed that Class Counsel will not seek payment of any amount in excess of $1,900,000.00 for attorneys’ fees, costs, and
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PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO WEBSITE
8

expenses inclusive of service awards to the nine Plaintiffs in the amount of $3,000.00 ($27,000.00 in total) if awarded by
Judge Kiel. The Class Counsel fees and expenses, inclusive of the service awards to the class representatives, will be
paid separate and apart from any relief provided to the Class and will not reduce the value of the benefits distributed to
Class Members. Defendant will also separately pay the costs to administer the Settlement. Judge Kiel will determine the
amount of attorneys’ fees, costs, and expenses and service awards after evaluating Plaintiffs’ submission.
17.

How do I tell the Court if I don’t like the Settlement?

You can object to the Settlement if you don’t like some part of it. You can give reasons why you think Judge Kiel should
not approve it. To object, send a letter saying that you object to the Settlement in Isley v. BMW of North America, LLC,
Case No. 2:19-cv-12680 (ESK).You must include: (1) your full name, current address, current telephone number, and the
name of your lawyer and your lawyer’s address if you are represented by a lawyer other than Class Counsel; (2) the model
year and VIN of your Class Vehicle(s) and the date(s) of purchase or lease; (3) whether the objection applies only to the
objecting Class Member, to a specific subset of the Class, or to the entire Class; (4) the reasons why you object and the
factual and legal reasons for your objection (including all relevant documents that pertain to your objection); (5) copies of
relevant repair history or other proof that the objector has owned or leased the Class Vehicle (i.e., a true copy of a vehicle
title, registration, or license receipt); (6) a statement that you have reviewed the Settlement Class definition and understand
that you are a Settlement Class Member, and you have not opted out of the Settlement Class; (7) a detailed list of any
other objections to any class action settlements you submitted to any court, whether state, federal, or otherwise, in the
United States in the previous five (5) years; (8) a Notice of Intention to Appear at the Final Approval Hearing if you intend
to appear in person at the hearing; and (9) your signature.
The objection must be mailed to the Court, the Claims Administrator, Class Counsel, and Defendant’s Counsel
at the below addresses. The mailed copies must be postmarked on or before November 30, 2021:
COURT

CLAIMS
ADMINISTRATOR
CLASS COUNSEL

DEEFENDANTS’
COUNSEL

18.

Clerk of Court
United States District Court for the District of New Jersey
Rev. Dr. Martin Luther King, Jr. Federal Building & U.S. Courthouse
50 Walnut Street
Newark, New Jersey 07102
Isley Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Frederick J. Klorczyk, III, Esq.
Joel D. Smith, Esq.
Bursor & Fisher, P.A.
Bursor & Fisher, P.A.
888 Seventh Avenue
1990 North California Boulevard, Suite 940
New York, NY 10019
Walnut Creek, CA 94696
Christopher J. Dalton, Esq.
Daniel Z. Rivlin, Esq.
Buchanan Ingersoll & Rooney PC
550 Broad Street, Suite 810
Newark, New Jersey 07102-4582

What’s the difference between objecting and excluding?

Objecting is simply telling Judge Kiel that you don’t like something about the Settlement. You can object only if you stay
in the Settlement. Excluding yourself is telling Judge Kiel that you don’t want to be part of the Settlement. If you exclude
yourself, you have no basis to object because the Settlement no longer affects you.
19.

When and where will Judge Kiel decide whether to approve the Settlement?

Judge Kiel will hold a “Final Approval Hearing” to decide whether to approve the Settlement on January 10, 2022, at 10
a.m., at Courtroom 8 in the United States District Court for the District of New Jersey, Newark Division, Frank R. Lautenberg
U.S. Post Office & Courthouse Building, 2 Federal Square, Newark NJ 07102. At this hearing, Judge Kiel will determine
QUESTIONS? CALL TOLL-FREE 1-888-208-0032 OR VISIT WWW.ISLEYSETTLEMENT.COM
PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO WEBSITE
9

whether the Settlement is fair, adequate, and reasonable and whether the objections by Class Members, if any, have merit.
If you have filed an objection on time, you may attend and ask to speak, but you don’t have to. However, Judge Kiel will
only listen to people who have asked to speak at the hearing (See Question 21 below). At this hearing, Judge Kiel will
also decide the service awards for the Class Representatives, as well as the attorney’s fees for the lawyers representing
the Class Members. We do not know how long the Court’s decision will take, and the hearing date may change due to
other court business. You should monitor www.IsleySettlement.com to find out if any dates have changed and to learn if
Judge Kiel has approved the Settlement.
20.

Do I need to go to the hearing?

No. Class Counsel will answer any questions Judge Kiel may have, but you are welcome to come at your own expense.
If you send an objection, you don’t have to come to Court to talk about it. As long as you mail your valid written objection
on time, Judge Kiel will consider it. You may also pay another lawyer to attend, but that is not required.
21.

May I speak at the hearing?

You may ask Judge Kiel for permission to speak at the Final Approval Hearing. To do so, you must file a “Notice of Intent
to Appear” in Isley v. BMW of North America, LLC, Case No. 2:19-cv-12680 (ESK). Be sure to include your name, address,
telephone number, signature, and other requirements outlined in Answer 17. Your Notice of Intent to Appear must be
postmarked no later than November 30, 2021 and mailed to the addresses listed in Answer 17. You cannot speak at the
hearing if you have excluded yourself from the Settlement.
22.

What if I do nothing?

If you do nothing, you will give up the right to be part of any other lawsuit against Defendant about the legal claims released
by the Settlement. You will still be entitled to take your Class Vehicle to a BMW Center for the Service Campaign benefits
described in Answer 6, above. However, you will not receive any of the benefits described in Answer 6 offered by this
Settlement unless you timely submit a Claim Form.
23.

Are there more details about the Settlement?

This notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get copies of
the Settlement Agreement and related documents at www.IsleySettlement.com. You may also write with questions to Isley
Settlement, c/o Atticus Administration, PO Box 64053, Saint Paul, MN 55164. You can also call the toll-free number, 1888-208-0032.

QUESTIONS? CALL TOLL-FREE 1-888-208-0032 OR VISIT WWW.ISLEYSETTLEMENT.COM
PARA UNA NOTIFICACION EN ESPANOL, LLAMAR O VISITAR NUESTRO WEBSITE
10

Attachment to B01 01 22

May 2023

Part One
Set up for the oil consumption test 1, 2, or 3 as applicable (Close the RO after completion and submit)
Defect Code:

1100902400

F0x F1x US N63TU1 Set up engine oil consumption measurement
test

Labor Operation Description
Test/preparation 1: Perform vehicle test, measure, and correct oil
level (includes providing support voltage of the vehicle electrical
00 71 393
system / recharge vehicle electrical system battery, performing the
ISTA/D Motor Oil Quantity Test Plan, marking the oil pan drain plug
and the filter cap) (Main work)
Or:
Test/preparation 1: Perform vehicle test, measure, and correct oil
level (includes providing support voltage of the vehicle electrical
00 71 965
system / recharge vehicle electrical system battery, performing the
ISTA/D Motor Oil Quantity Test Plan, marking the oil pan drain plug
and the filter cap) (Plus work)

Labor Allowance
Refer to AIR

Refer to AIR

And, as specified while performing the above:
Sublet – Bulk Materials (RO and Claim Comments Required)
Sublet Code
4

See sublet
reimbursement
calculation below

Reimbursement for the quantity of engine oil (BMW part number) that
was required correct the engine oil level

Sublet reimbursement calculation for claiming the engine oil (BMW part number) is at the dealer net price
amount for the quantity of engine oil required plus your center’s handling.
Enter this material cost in sublet and itemize the amount on the repair order and in claim comment section.

Then, perform:
Part Two
Measured Engine Oil Consumption Test (Part One) is in Process/Vehicle Returns to Workshop for
Part Two
Measure and analyzed engine’s oil consumption, proceed to pages 2 through 4 for the corresponding
Information.

1

Attachment to B01 01 22

May 2023

Part Two (1 of 3): Measure engine oil consumption (New Repair Order) - Passes the first time (Submit
claim)
After the first set up for the oil consumption test (Prior repair order/claim for DC 1100902400 and labor
operation 00 71 393 or 00 71 965).
F0x F1x US N63TU1 Measured engine oil consumption within
specification (1st completed test)

Defect Code:

1100902500

Labor Operation

Description
Vehicle returns - Measurement 1: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Main work)

00 71 394
Or:

Vehicle returns - Measurement 1: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Plus work)

00 71 966

Labor Allowance
Refer to AIR

Refer to AIR

And, as needed (engine oil consumption is within specification):
Labor Operation
00 71 989

Description
Top-off the engine oil level after performing the measurement
procedure, no further engine diagnosis/repair is necessary
(Associated work)

Labor Allowance
Refer to AIR

And:
Sublet – Bulk Materials (RO and Claim Comments Required)
Sublet Code
4

See sublet
reimbursement
calculation below

Reimbursement for the quantity of engine oil (BMW part number) that
was required for crankcase top-off

Sublet reimbursement calculation for claiming the engine oil (BMW part number) is at the dealer net price
amount for the quantity of engine oil required plus your center’s handling.
Enter this material cost in sublet and itemize the amount on the repair order and in claim comment section.

Or, when the:
Measured Engine Oil Consumption is Not Within Specification - Does not Pass/Fails (1 of 3)
In this situation, do no submit separate a claim for Part Two as outlined above, proceed to Page 5 for the
corresponding initial diagnosis/inspection procedure information

2

Attachment to B01 01 22

May 2023

Part Two (2 of 3): Measure engine oil consumption (New Repair Order) - Passes the second time
(Submit claim)
After the second set up for the oil consumption test (Prior repair order/claim for DC 1100902400 and labor
operation 00 71 393 or 00 71 965).
F0x F1x US N63TU1 Measured engine oil consumption within
specification (2nd completed test)

Defect Code:

1100902600

Labor Operation

Description
Vehicle returns - Measurement 2: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Main work)

00 71 395
Or:

Vehicle returns - Measurement 2: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Plus work)

00 71 967

Labor Allowance
Refer to AIR

Refer to AIR

And, as needed (engine oil consumption is within specification):
Labor Operation
00 71 989

Description
Top-off the engine oil level after performing the measurement
procedure, no further engine diagnosis/repair is necessary
(Associated work)

Labor Allowance
Refer to AIR

And:
Sublet – Bulk Materials (RO and Claim Comments Required)
Sublet Code
4

See sublet
reimbursement
calculation below

Reimbursement for the quantity of engine oil (BMW part number) that
was required for crankcase top-off

Sublet reimbursement calculation for claiming the engine oil (BMW part number) is at the dealer net price
amount for the quantity of engine oil required plus your center’s handling.
Enter this material cost in sublet and itemize the amount on the repair order and in claim comment section.

Or, when the:
Measured Engine Oil Consumption is Not Within Specification - Does not Pass/Fails (2 of 3)
In this situation, do no submit separate a claim for Part Two as outlined above, proceed to Page 5 for the
corresponding initial diagnosis/inspection procedure information.

3

Attachment to B01 01 22

May 2023

Part Two (3 of 3): Measure engine oil consumption (New Repair Order) - Passes the third time (Submit
claim)
After the third set up for the oil consumption test (DC 1100902400 with labor operation 00 71 393 or 00 71
965 above on a prior separate repair order).
F0x F1x US N63TU1 Measured engine oil consumption within
specification (3rd completed test)

Defect Code:

1100902700

Labor Operation

Description
Vehicle returns - Measurement 3: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Main work)

00 71 396
Or:

Vehicle returns - Measurement 3: Perform vehicle test,
determine current oil level/oil consumption with ISTA (includes
providing support voltage of the vehicle electrical system /
recharge vehicle electrical system battery and performing the
ISTA/D Motor Oil Quantity Test Plan (Plus work)

00 71 968

Labor Allowance
Refer to AIR

Refer to AIR

And, as needed (engine oil consumption is within specification):
Labor Operation
00 71 989

Description
Top-off the engine oil level after performing the measurement
procedure, no further engine diagnosis/repair is necessary
(Associated work)

Labor Allowance
Refer to AIR

And:
Sublet – Bulk Materials (RO and Claim Comments Required)
Sublet Code
4

See sublet
reimbursement
calculation below

Reimbursement for the quantity of engine oil (BMW part number) that
was required for crankcase top-off

Sublet reimbursement calculation for claiming the engine oil (BMW part number) is at the dealer net price
amount for the quantity of engine oil required plus your center’s handling.
Enter this material cost in sublet and itemize the amount on the repair order and in claim comment section.

Or, when the:
Measured Engine Oil Consumption is Not Within Specification - Does not Pass/Fails (3 of 3)
In this situation, do no submit separate a claim for Part Two as outlined above, proceed to Page 5 for the
corresponding initial diagnosis/inspection procedure information.

4

Attachment to B01 01 22

May 2023

Claim, and submit for the applicable initial diagnosis/inspection flat rate labor operations below that apply.
Defect Code:

1100902800

F0x F1x US N63TU1 Engine oil consumption exceeds
specification, initial engine diagnosis

New Repair Order for Part Two (1, 2 or 3 as applicable)
Labor Operation
1. 00 71 394;
2. 00 71 395; or
3. 00 71 396
Or:
1. 00 71 966;
2. 00 71 967; or
3. 00 71 968

Description:
Vehicle returns - Measurement (1, 2 or 3): Perform vehicle
test, determine current oil level/oil consumption with ISTA
(includes providing support voltage of the vehicle electrical
system / recharge vehicle electrical system battery and
performing the ISTA/D Motor Oil Quantity Test Plan (Main
work)
Vehicle returns - Measurement (1, 2 or 3): Perform vehicle
test, determine current oil level/oil consumption with ISTA
(includes providing support voltage of the vehicle electrical
system / recharge vehicle electrical system battery and
performing the ISTA/D Motor Oil Quantity Test Plan (Plus
work)

Labor Allowance

Refer to AIR

Refer to AIR

After performing the above, work through the following initial diagnosis as needed:
Labor Operation

00 71 990

Or:

00 71 991

Or:

00 71 992

And:
00 58 677

Description
Remove and install clean air pipes, underbody paneling/visual
inspection of the:
• exhaust turbochargers and both turbochargers/oil return
lines and return line cover;
• front cover, upper oil pan;
• engine backside (Transmission) for oil leakage; and
• borescope inspect the engine valley as necessary

Labor Allowance

Refer to AIR

Remove and install clean air pipes, underbody paneling/ visual
inspection of the:
• exhaust turbochargers and both turbochargers/oil return
lines and return line cover;
• front cover, upper oil pan;
• engine backside (Transmission) for oil leakage; and
• borescope inspect the engine valley as necessary

Refer to AIR

Remove and install clean air pipes, underbody paneling/ visual
inspection of:
• exhaust turbocharger both turbochargers/oil return lines
and return line cover;
• front cover, upper oil pan;
• engine backside (Transmission) for oil leakage;
• cylinder compression test;
• borescope inspect the engine valley as necessary

Refer to AIR

TeileClearing, lump-sum fee (SI B01 01 07)

1 FRU