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IMS Class Action August 3rd Update. New Claim form Claims Posted

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Old 04-03-2013, 02:10 PM
  #256  
KrazyK
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Generally business records can be obtained by:
Consent
Subpoena
GJ Subpoena
Search Warrant
Other Court order

Admissions and/or Denials
Interrogotories can be objected to and forced to provide answer by Court.
Deposition questions can be objected to and forced to answer by Court.

This is from memory and prior experience. Im no lawyer.
Old 04-03-2013, 02:16 PM
  #257  
Cefalu
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Originally Posted by rpm's S2
Would you have to have suffered a failure to be a class member and gain access to discovery?
No failure is required. Your car still has time to fail and you will be covered.

You are an included class member until your car has been in service for 10 years.
Old 04-03-2013, 03:50 PM
  #258  
rpm's S2
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Originally Posted by Cefalu
No failure is required. Your car still has time to fail and you will be covered.

You are an included class member until your car has been in service for 10 years.
Well, me and my 2002 are out. We need to recruit someone with an 03-04.
Old 04-03-2013, 04:30 PM
  #259  
Sue Esponte
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Originally Posted by Cefalu
No failure is required. Your car still has time to fail and you will be covered.

You are an included class member until your car has been in service for 10 years.
And considering the 996 was manufactured through the 2004 MY, it's safe to assume that most 996 owners are excluded. This settlement is a winner for the lawyers and maybe a select few who: (1) scour the web for 996 information, suffered a failure and know the settlement even exists, (2) have a late delivery '03 or an '04 model with a VIN that falls within the select defined ranges included in the settlement, and (3) own a car that has suffered a failure. And, if you aren't the original owner you're coverage is diminished materially.

As wins go this is far from big. I'm certainly happy for anyone able to take advantage of it but you'll have to excuse me if I don't see this as a material victory.

-Eric
Old 04-03-2013, 04:43 PM
  #260  
alpine003
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Originally Posted by Sue Esponte
As wins go this is far from big. I'm certainly happy for anyone able to take advantage of it but you'll have to excuse me if I don't see this as a material victory.

-Eric
I agree. The only thing I was hoping to savage from this was to get some official word on the single row IMS identification from the official source.
Old 04-03-2013, 05:00 PM
  #261  
soverystout
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Originally Posted by Sue Esponte
And considering the 996 was manufactured through the 2004 MY, it's safe to assume that most 996 owners are excluded. This settlement is a winner for the lawyers and maybe a select few who: (1) scour the web for 996 information, suffered a failure and know the settlement even exists, (2) have a late delivery '03 or an '04 model with a VIN that falls within the select defined ranges included in the settlement, and (3) own a car that has suffered a failure. And, if you aren't the original owner you're coverage is diminished materially.

As wins go this is far from big. I'm certainly happy for anyone able to take advantage of it but you'll have to excuse me if I don't see this as a material victory.

-Eric
I'm only excluded due to the fact that I replaced my bearing... sigh.
Old 04-07-2013, 04:07 PM
  #262  
Wellardmac
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Well, an interesting thread. Glad to see my '99 is now more valuable and can be marketed as more reliable when the time comes.
Old 04-07-2013, 05:19 PM
  #263  
Tbred911
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The fact this is happening south of the border means people here in Canada can take Porsche to small claims court as the limit for claims is now $20k !!

What happened with IM'S will set precedent for any IMS claims on the m96 m97 line!!
Old 04-16-2013, 09:45 PM
  #264  
stealthn
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So why only to 2005? There are Boxsters, Caymans and 911's that supposedly had the same IMS failure after 2005 (or it's an urban myth).

What's the scoop?


Anyone have access to PACE that can download the actual numbers?

Thanks

Bob James
Old 04-16-2013, 10:09 PM
  #265  
2008porsche
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Does the 2008 have IMS bearing issues?
Old 04-16-2013, 10:59 PM
  #266  
Mike J
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Originally Posted by 2008porsche
Does the 2008 have IMS bearing issues?
Larger bearing but can still have issues, check out http://www.imsretrofit.com/ims-101/, lots of good info.

Cheers,

Mike
Old 04-18-2013, 01:33 PM
  #267  
Dan@SCB
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Originally Posted by pfbz
Wow... Lots of pages to plow through, both the legal documents and rennlist posts!

To me, looks like it falls out like this, assuming the proposed settlement is fully signed off:

Winners: These guys get worthwhile checks
1. Class action attorneys. $950,000 from PCNA. (dingdingding! We have the big winner!)
2. Current and previous owners of 01-05 Boxsters and 911's that had:
a. Purchased new or ACPO.
b. Meet the class definition by serial number (looks like most/all 01-05's)
c. Already experienced IMS related engine issues or failure.
d. Fixed the issues (as opposed to selling the vehicle with bad engine).
e. Repair costs were significant and unreimbursed by PCNA or insurance.
f. Have full and complete service documentation and receipts that clearly list the IMSB as a cause of the problem.
So-So: Something (25%) is better than nothing?
1. Current and previous 01-05 986/996 owners that:
a. Purchased used, non ACPO
b. - f. (as above)
2. Current owners of 2003-2004 986/996's that:
a. Might experience an IMS related failure in the near future (before 10 years in-service or 130,000 miles)
Losers: They get nada, bupkis, nyet (unless they opt-out and/or win a longshot separate settlement):
1. Owners that:
a. Had failures, but sold the car as-is at a reduced price.
b. Had failures, but have inadequate documentation per the settlement standard.
c. Installed preventative IMS bearings or warning devices.
d. Might have a failure in the future, but after 10 years in-service.
e. Have pre 2001 or post 2004 vehicles and experienced IMS failures
Thanks for the Summary.

Since this is Porsche NA i guess this includes Canada and Canadian Cars?
Old 04-18-2013, 05:06 PM
  #268  
Nedster
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Originally Posted by Zook@SCB
Thanks for the Summary.

Since this is Porsche NA i guess this includes Canada and Canadian Cars?
What about guys with cars with build dates in 03 or 04 who are withing the 10 year period, that haven't had the failure yet,and the car was bought used from a Porsche dealer? Do we get full or 25% reimbursement in case of a failure?
Old 04-18-2013, 06:20 PM
  #269  
Cefalu
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Originally Posted by Nedster
What about guys with cars with build dates in 03 or 04 who are withing the 10 year period, that haven't had the failure yet,and the car was bought used from a Porsche dealer? Do we get full or 25% reimbursement in case of a failure?
The 10 year limit is from date placed into service, which is after the build date so Yes, you're in.
Old 04-19-2013, 11:53 AM
  #270  
Nedster
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Originally Posted by Cefalu
The 10 year limit is from date placed into service, which is after the build date so Yes, you're in.
Ya don't know why i was mentioning build dates when i knew it was the in service date. Mine was in September of 2004. So i am in, does that mean 100% reimbursement in case of a failure?


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