How do I get the benefits of the Settlement?
9.
What if my claim for benefits is denied?
10.
When will I get the Settlement benefits?
EXCLUDING YOURSELF FROM THE SETTLEMENT ......................................................PAGE 5
11.
Can I exclude myself from this Settlement?
12.
If I exclude myself, can I get anything from this Settlement?
13.
If I don’t exclude myself, can I sue later?
14.
How do I exclude myself from the Settlement?
THE LAWYERS REPRESENTING YOU ................................................................................PAGE 5
15.
Do I have a lawyer in the case?
16.
How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT ....................................................................................PAGE 6
17.
How do I tell the Court if I don’t like the Settlement?
18.
What’s the difference between objecting and excluding?
THE COURT’S FINAL APPROVAL HEARING ....................................................................PAGE 7
19.
When and where will the Court decide whether to approve the Settlement?
20.
Do I need to go to the hearing?
21.
May I speak at the hearing?
WHAT HAPPENS IF I DO NOTHING? ...................................................................................PAGE 8
22.
What if I do nothing?
GETTING MORE INFORMATION .........................................................................................PAGE 8
23.
Can I get more details about the Settlement?
QUESTIONS? CALL TOLL-FREE 1-888-208-8099 OR VISITwww.fuelpumpsettlement.com
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1.

Why have I received this notice?

A Court has authorized this notice because you have a right to know about the proposed settlement of this classaction lawsuit, and your options, before the Court decides whether to give “final approval” to the Settlement.
This notice explains the lawsuit, the proposed Settlement, and your legal rights. You have received this notice
because BMW of North America’s records indicate that you are a current or former owner or lessee of a U.S.
specification model-year 2010, 2011, or 2012 MINI Cooper S or John Cooper Works Clubman (R55), MINI
Cooper S or John Cooper Works (R56), or MINI Cooper S or John Cooper Works Convertible (R57), or a
model-year 2012 MINI Cooper S or John Cooper Works Coupe (R58) or MINI Cooper S or John Cooper Works
Roadster (R59) vehicle with an “N14” engine (“Class Vehicles”).
Judge Madeline Cox Arleo of the United States District Court for the District of New Jersey is overseeing this
class-action lawsuit, known as Boehm v. BMW of North America, LLC, Civil Action No. 2:17-cv-12827 (the
“Action”). Steve Boehm, Raul Silva, and Shannon Overland, the people who sued, are called the “Plaintiffs,”
and the company that was sued, BMW of North America, LLC, is called the “Defendant.”
2.

What is the lawsuit about?

This lawsuit alleges that the Class Vehicles’ high pressure fuel pump, part number 13517588879, is allegedly
defective which could lead to sudden engine failure and loss of power to the vehicles. BMW of North America,
which distributes and warrants MINI vehicles in the U.S., denies these allegations and stands behind and
supports its products.
3.

Why is this a class action?

In a class action, one or more people called “Class Representatives” assert claims on behalf of people who have
similar claims. All of these people are the “Class” or “Class Members.” One court resolves the issues for all
Class Members, except for those who timely exclude themselves from (or “opt out” of) the Class. The Class
Representatives in the Action are the Plaintiffs identified above. You have received this notice because you
have been identified as potentially being a Class Member.
4.

Why is there a Settlement?

All parties have agreed to a Settlement to avoid further cost and risk of a trial, and so that the people affected
can begin getting benefits in exchange for releasing the Defendant from liability for the claims that were raised
or could have been raised in the Action involving the Class Vehicles’ alleged issues with the high pressure fuel
pump. The Settlement does not mean that BMW of North America broke any laws, or otherwise did anything
wrong, because Judge Arleo did not decide which side was right. The Class Representatives and the lawyers
representing them think the Settlement is fair and reasonable for the Class.
5.

How do I know if I am part of the Settlement? What vehicles are included in the Settlement?

The Settlement Class includes all persons or entities in the United States and Puerto Rico who currently own or
lease, or previously owned or leased, certain U.S. specification model-year 2010, 2011, and 2012 MINI Cooper
vehicles equipped with an “N14” engine purchased or leased in the United States or Puerto Rico, which include
the following vehicles:

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2

Model Year Designation
2010, 2011, and 2012
2010, 2011, and 2012
2010, 2011, and 2012
2012
2012

Model Designation
MINI Cooper S or John Cooper Works Clubman (R55)
MINI Cooper S or John Cooper Works (R56)
MINI Cooper S or John Cooper Works Convertible (R57)
MINI Cooper S or John Cooper Works Coupe (R58)
MINI Cooper S or John Cooper Works Roadster (R59)

Please note that not all vehicles in the model years identified above contained the N14 engine at issue in the
Action. You have received this notice because BMW of North America’s records indicate that you have or had
a MINI vehicle with an N14 engine.
6.

What are the benefits of the Settlement?

If Judge Arleo grants final approval of the Settlement and the Settlement becomes effective (the “Effective
Date”), you may be entitled to reimbursement for some or all of your past out-of-pocket expenses incurred for
the replacement of up to two (2) failed high pressure fuel pumps as follows:
1.

Class Members may be eligible for reimbursement of the full cost of replacement of up to two (2) failed
high pressure fuel pumps, part number 13517588879, per vehicle per owner/lessee if:
a.
b.

2.

Class Members may be eligible for reimbursement of up to $1,300 per replacement of up to two (2) failed
high pressure fuel pumps, part number 13517588879, per vehicle per owner/lessee if:
a.
b.

*

The replacement was made at a MINI Dealer; and
The replacement occurred prior to the earlier of 10 years/120,000 miles from the Class
Vehicle’s in-service date.*

The replacement was made at a third-party repair shop; and
The replacement occurred prior to the earlier of 10 years/120,000 miles from the Class
Vehicle’s in-service date.*

If you are unsure of your Vehicle’s in-service date, please check with your local MINI Dealership, which
can look up the date based on your Vehicle Identification Number (VIN).

Additionally, the limited warranty period for the high pressure fuel pump in all Class Vehicles will be extended
from the 4-year/50,000-mile New Passenger Vehicle Limited Warranty period to 10 years/120,000 miles,
whichever comes first. If your original high pressure fuel pump or a MINI-approved replacement high pressure
fuel pump installed at a MINI Dealership fails during this extended-warranty period, it will be replaced under
the extended warranty, subject to the terms and conditions of BMW of North America’s New Passenger Vehicle
Limited Warranty.
*
*
*
Limitations: BMW of North America does not warrant or guarantee any repairs performed at third-party (nonMINI) repair shops and, should any such repairs fail after a Settlement Class Member has made a reimbursement
claim under the Settlement, the Settlement Class Member will not be entitled to submit an additional claim or
seek replacement under the extended warranty. BMW of North America does not warrant replacement parts that
were not certified by the original equipment manufacturer. The warranty extension will not apply to vehicles
whose owners or lessees opt out of the Settlement, vehicles declared a total loss, sold for salvage purposes, or
branded with a “salvage” title. There are additional limitations and exclusions from coverage set forth in Section
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3

III of the Settlement Agreement, which can be viewed at www.fuelpumpsettlement.com.
In order to obtain reimbursement for eligible past out-of-pocket expenses, you must submit a Claim Form and
include all of the documentation described on the Claim Form.
7.

What am I giving up in exchange for the Settlement benefits?

If the Settlement becomes final, Class Members will be releasing Defendant and related people and entities from
all of the claims described and identified in Section VII.A of the Settlement Agreement. In essence, Class
Members are releasing all claims (except for personal injury or damage to property other than the Class Vehicle)
that could arise based on alleged defect in the high pressure fuel pump in the Class Vehicles. The Settlement
Agreement is available at www.fuelpumpsettlement.com. The Settlement Agreement describes the released
claims with specific descriptions, in necessarily accurate legal terminology, so read it carefully.
Judge Arleo has approved specific lawyers to represent you in this lawsuit and Settlement. You can talk to one
of the lawyers listed in Question 15 below, free of charge, if you have questions about the released claims or
what they mean. You can also speak with your own lawyer, should you have one, about this Settlement.
8.

How do I get the benefits of the Settlement?

If you are a Class Member and would like to obtain the reimbursement benefits (described in Question 6 above),
you need to complete the Claim Form that accompanies this Notice and mail with all the required proofs, to the
address provided on the Claim Form. Additional Claim Forms are available at www.fuelpumpsettlement.com.
Claim Forms may also be completed and submitted online, along with all required documentation, at
www.fuelpumpsettlement.com. The current deadline for submitting Claim Forms is November 26, 2019.
These benefits are also subject to limitations, which are discussed in Question 6.
If you have any questions on how to complete the Claim Form or what information is needed, you can call the
following toll-free number: 1-888-208-8099.
9.

What if my claim for benefits is denied?

There is a process in the Settlement Agreement to resolve disagreements between you and Defendant over your
claim. During this process, the court-appointed lawyers listed in Question 15 below will represent you in any
dispute regarding relief under the terms of the Settlement, and the dispute will be handled in accordance with the
procedures set forth in the Settlement Agreement. You may have the right to appeal any denied claim to the
court. If you have questions regarding this process, visit www.fuelpumpsettlement.com to see a copy of the
Settlement Agreement, or contact Class Counsel below.
10.

When will I get the Settlement benefits?

If you have submitted a claim, your Claim Form will be processed and payments will be issued on a continuing,
rolling basis after the Effective Date, which will be after the Court’s Final Approval hearing, scheduled for
December 2, 2019, and all appeals, if any, are resolved.
Please be patient, and feel free to check the website for current status.
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11.

Can I exclude myself from this Settlement?

Yes. If you want to keep the right to sue or if you are already suing Defendant in another action over the legal
issues in this case, then you must take steps to do so. This is called asking to be excluded from – sometimes
called “opting out” of – the Settlement.
12.

If I exclude myself, can I get anything from this Settlement?

No. If you ask to be excluded, you will not receive any of the reimbursement benefits of the Settlement or the
warranty extension and you cannot object to the Settlement. But you may sue, continue to sue, or be part of a
different lawsuit against Defendant in the future, including for claims that this Settlement resolves. You will not
be bound by anything that happens in this lawsuit.
13.

If I don’t exclude myself, can I sue later?

No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement
resolves.
14.

How do I exclude myself from the Settlement?

To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded
from Boehm v. BMW of North America, LLC, Civil Action No. 2:17-cv-12827. 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 October 28, 2019, to Settlement Class Counsel and Defendant’s
Counsel at the addresses listed in Question 17.
Failure to comply with any of these requirements for excluding yourself will 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 the law firm Ahdoot & Wolfson, PC. Judge Arleo has approved
as “Class Counsel” the following lawyers to represent you and other Class Members:
Tina Wolfson, Esq.
Bradley K. King, Esq.
Ahdoot & Wolfson, PC
8424 Santa Monica Blvd. Ste 575
West Hollywood, CA 90069
[email protected]
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.

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16.

How will the lawyers be paid?

As part of the resolution of the Action, Class Counsel and Defendant have agreed that Class Counsel may apply
for an award of attorneys’ fees, costs, and expenses not to exceed $490,000.00, as well as service payments to
the three Plaintiffs in the amount of $2,000.00 each ($6,000.00 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
$490,000.00 for attorneys’ fees, costs, and expenses as well as service payments to the three Plaintiffs in the
amount of $2,000.00 each ($6,000.00 in total) if awarded by Judge Arleo. The Class Counsel fees and expenses,
as well as the service payments 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 Arleo will determine the amount of attorneys’
fees, costs, and expenses and service payments after evaluating Plaintiffs’ submission.
17.

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

If you don’t like some part of the Settlement, you can object to it. You can give reasons why you think Judge
Arleo should not approve it. To object, send a letter saying that you object to the Settlement in Boehm v. BMW
of North America, LLC, Civil Action No. 2:17-cv-12827. 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) the reasons why you object and the factual and legal reasons for your objection (including all relevant
documents that pertain to your objection) and a statement as to whether the objection applies only to you, a
specific subset of the class, or the entire class; (4) copies of relevant repair history or other proof that you have
owned or leased the Class Vehicle (i.e., a true copy of a vehicle title, registration, or license receipt); (5) 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; (6) a detailed list of any other objections to any
class action settlements you have submitted in the previous five (5) years to any court, whether state, federal, or
otherwise, in the United States; (7) a Notice of Intention to Appear at the Final Approval Hearing, if you intend
to appear in person at the hearing; and (8) your signature. The objection must be mailed to the Court, the
Settlement Administrator, Settlement Class Counsel, and Defendant’s Counsel at the addresses below.
The mailed copies must be postmarked on or before October 28, 2019:

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COURT

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
SETTLEMENT
Boehm Fuel Pump Settlement
ADMINISTRATOR c/o Atticus Administration
P.O. Box 64053
Saint Paul, Minnesota 55164
CLASS COUNSEL Tina Wolfson, Esq.
Bradley K. King, Esq.
Ahdoot & Wolfson, PC
8424 Santa Monica Blvd. Ste 575
West Hollywood, CA 90069
[email protected]
DEEFENDANT’S
Christopher J. Dalton, Esq.
COUNSEL
Argia J. DiMarco, Esq.
Buchanan Ingersoll & Rooney PC
550 Broad Street, Suite 810
Newark, New Jersey 07102-4582
18.

What’s the difference between objecting and excluding?

Objecting is simply telling Judge Arleo that you don’t like something about the Settlement. You can object only
if you stay in the Settlement. Excluding yourself is telling Judge Arleo 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 Arleo decide whether to approve the Settlement?

Judge Arleo will hold a “Final Approval Hearing” to decide whether to approve the Settlement on December 2,
2019 at 2:00 p.m., at the 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. At this hearing,
Judge Arleo will determine 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 Arleo will only listen to people who have asked to speak at the hearing
(see Question 21 below). At this hearing, Judge Arleo will also decide the service payments 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.fuelpumpsettlement.com to find out if any dates have changed and to learn if Judge Arleo
has approved the Settlement.

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7

20.

Do I need to go to the hearing?

No. Class Counsel will answer any questions Judge Arleo 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 Arleo will consider it. You may also pay another lawyer to attend, but
it’s not required.
21.

May I speak at the hearing?

You may ask Judge Arleo for permission to speak at the Final Approval Hearing. To do so, you must file a
“Notice of Intent to Appear” in Boehm v. BMW of North America, LLC, Civil Action No. 2:17-cv-12827. Be
sure to include your name, address, telephone number, signature, and other requirements outlined in Question
17. Your Notice of Intent to Appear must be postmarked no later than October 28, 2019, and mailed to the
addresses listed in Question 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 not receive any of the reimbursement benefits described in Answer
6 offered by this Settlement unless you timely submit a Claim Form. Your vehicle will, however, still get the
benefit of the extended warranty, if applicable.
23.

Can I get 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.fuelpumpsettlement.com.

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