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[16HD117]

Got this email yesterday.  Kind of ironic since my bike is in the shop now with a engine noise!

Even if you haven't had any out of pocket expenses for engine repairs, looks like Harley will extend the warranty two years.

I'll have to post 2nd part of email on second post due to size.

From:   Grumbo, Lindsey [lgrumbo@lchb.com]
Sent:   Thursday, June 10, 2010 6:54 PM
To:   Grumbo, Lindsey
Subject:   Privileged and Confidential Settlement Communication -- Harley-Davidson
Screamin' Eagle CVO 110" Engine
Attachments:   LCHB_iManage_881636_1.nrl; LCHB_iManage_881636_1.DOC

> PRIVILEGED AND CONFIDENTIAL SETTLEMENT COMMUNICATION
> Re:  Harley-Davidson Screamin' Eagle CVO 110" Engine As you will
> recall, you visited my law firm's website
(http://www.lieffcabraser.com/defects/screamin-eagle.htm) and provided
information about your experience with the Screamin' Eagle CVO 110" engine
("Screamin' Eagle Engine").  You also requested that we keep you posted about
our investigation.
> We are writing today about an important development.  Our efforts have
resulted in a proposed settlement on your behalf with Harley.  However, before
we move forward to finalize the settlement, we need to hear back from you as
soon as possible as to whether or not you want to participate.
> Our investigation has focused on problems that customers like you have
experienced with the Screamin' Eagle Engine, including oil leaks at the rear
cylinder, rear cylinder head gasket failure, burning oil, engine stalls, and
overheating.  For months, our firm and co-counsel have worked with our experts
to understand the defect causing the problems.  That work has included buying,
testing, tearing down, and rebuilding a bike equipped with the Screamin' Eagle
Engine.  We then discussed our findings with Harley's management, engineers,
and lawyers, and have reached a tentative proposal for settling individual
claims for customers like you.
> The basic terms of the Settlement are set out below.
>
> 1.  Scope of Settlement:  The Settlement covers only individual claims
arising out of or relating to the Screamin' Eagle Engine.  These problems
include:  engine overheating, oil leaks, head gasket failures, excessive
engine noise, excessive engine heat, engine stalls, stumbling or hesitation,
engine failures, reduced engine life, excessive oil consumption, and other
alleged problems related to or resulting from the Screamin' Eagle Engine
("Alleged Engine Problems").  The Settlement does not affect or release any
claims you may have (or may later have) based on personal injury, wrongful
death, or emotional distress.
>
> 2.  Payment Of Documented Out-Of-Pocket Costs:  Harley will pay you your
documented out-of-pocket costs incurred in attempting to repair or address the
Alleged Engine Problems, including money paid by the customer to independent
third-party repair shops and mechanics to remedy the Alleged Engine Problems.  
The customer must provide documentation identifying the amount of out-of-
pocket costs he/she has incurred.
>
> 3.  Two Years Of Extended Service Plan Coverage:  Harley will provide you
with a new two-year Harley's Extended Service Plan ("ESP") to cover your
motorcycle, subject to the terms, conditions, and exclusions of Harley's ESP.  
If you previously purchased ESP coverage and are still under it, Harley
instead will provide you a cash payment equal to Harley's cost of purchasing
two years of ESP coverage for that particular motorcycle.  The cash payment
will vary depending on whether the motorcycle's warranty has expired, but will
not exceed $700.
>
> 4.  Existing Warranties / Service Contracts And Future Product Programs /
Warranty Upgrades: You will be allowed to exercise any existing rights to
repairs or claims under a Harley basic, engine, or powertrain warranty or
service contract.  You also will be allowed to participate in future product-
wide programs or warranty upgrades issued by Harley that otherwise would apply
to your motorcycle and that are not already provided under the Settlement.
>
> 5.  Participation In The 0905 And 0906 Programs:  To be eligible for the
Settlement, you must be both subject to and have participated in, or agree to
participate in, Harley's 0905 or 0906 Programs for the Screamin' Eagle
motorcycles, as applicable your motorcycle.  The customer must also have
reported the Alleged Engine Problems to our firm or co-counsel's firms.
>

[16HD117]

Page two:

> 6.  Release Of All Claims Relating To Or Arising Out Of The Alleged Engine
Problems, Except Personal Injury / Wrongful Death / Emotional Distress
Claims:>   You will release Harley and related parties from your claims
arising out of the Alleged Engine Problems, except for claims based on
personal injury, wrongful death, or emotional distress.
>
> 7.  Confidentiality/Non-Disparagement:  You will agree to keep the terms of
the Settlement confidential.  You also will agree not to make any statements,
or cause others to make any statements, that defame, disparage, or in any way
criticize Harley or related parties, with respect to the Alleged Engine
Problems.  Failure to comply with the confidentiality and non-disparagement
provisions may make you ineligible to participate in the Settlement.
>
> 8.  Attorneys' Fees & Costs:  You will not be required to pay us anything
for our costs and work in investigating this case and negotiating this
settlement.  Harley has agreed to pay those separately.
> We believe that the Settlement Harley is offering you is a very good deal,
especially in light of all the risks, costs, and delay of litigating the case. 
While we strongly recommend that you accept the Settlement, that decision is
up to you.  If you believe it is appropriate, you should consult with your own
lawyer.  However, if you do want to accept the Settlement, we need you to let
us know as soon as possible.  Please let us know by responding to this email,
or calling us at (415) 956-1000 and asking for Lindsey Grumbo.  Also, if you
have any questions or want additional information, please also ask for
Lindsey.
> One last point.  It is critical that you not disclose these terms to anyone
other than immediate family members.  If you know someone who has one of these
bikes who is experiencing these problems, please just direct them to our
firm's case investigation website,
http://www.lieffcabraser.com/defects/screamin-eagle.htm, where they can submit
their information and receive the update themselves.  A failure to keep this
confidential could result in the settlement falling apart.
> Very truly yours,
> Lindsey Grumbo
> >  <<LCHB_iManage_881636_1.nrl>> > >  <<LCHB_iManage_881636_1.DOC>>
> Lindsey Grumbo, Paralegal
> Lieff Cabraser Heimann & Bernstein LLP
> 275 Battery Street, 30th Floor
> San Francisco, CA 94111
> Email: lgrumbo@lchb.com
> Tel: (415) 956-1000 x 2317
> Fax: (415) 956-1008
> www.lchb.com <http://www.lchb.com/>
>
>

[FR8TRN]

One last point.  It is critical that you not disclose these terms to anyone other than immediate family members.  If you know someone who has one of these bikes who is experiencing these problems, please just direct them to our firm's case investigation website, http://www.lieffcabraser.com/defects/screamin-eagle.htm, where they can submit their information and receive the update themselves.  A failure to keep this confidential could result in the settlement falling apart.

So you felt it was a good idea to post the whole thing on an open forum.....

[16HD117]

So you felt it was a good idea to post the whole thing on an open forum.....

Yep!

I consider all site members family!
 

[deaf1]

Anyone ever hear of this???

--------------------
PRIVILEGED AND CONFIDENTIAL SETTLEMENT COMMUNICATION
> Re:  Harley-Davidson Screamin' Eagle CVO 110" Engine As you will
> recall, you visited my law firm's website (http://www.lieffcabraser.com/defects/screamin-eagle.htm) and provided information about your experience with the Screamin' Eagle CVO 110" engine ("Screamin' Eagle Engine").  You also requested that we keep you posted about our investigation.
> We are writing today about an important development.  Our efforts have resulted in a proposed settlement on your behalf with Harley.  However, before we move forward to finalize the settlement, we need to hear back from you as soon as possible as to whether or not you want to participate.
> Our investigation has focused on problems that customers like you have experienced with the Screamin' Eagle Engine, including oil leaks at the rear cylinder, rear cylinder head gasket failure, burning oil, engine stalls, and overheating.  For months, our firm and co-counsel have worked with our experts to understand the defect causing the problems.  That work has included buying, testing, tearing down, and rebuilding a bike equipped with the Screamin' Eagle Engine.  We then discussed our findings with Harley's management, engineers, and lawyers, and have reached a tentative proposal for settling individual claims for customers like you.
> The basic terms of the Settlement are set out below.
>
> 1.  Scope of Settlement:  The Settlement covers only individual claims arising out of or relating to the Screamin' Eagle Engine.  These problems include:  engine overheating, oil leaks, head gasket failures, excessive engine noise, excessive engine heat, engine stalls, stumbling or hesitation, engine failures, reduced engine life, excessive oil consumption, and other alleged problems related to or resulting from the Screamin' Eagle Engine ("Alleged Engine Problems").  The Settlement does not affect or release any claims you may have (or may later have) based on personal injury, wrongful death, or emotional distress.
>
> 2.  Payment Of Documented Out-Of-Pocket Costs:  Harley will pay you your documented out-of-pocket costs incurred in attempting to repair or address the Alleged Engine Problems, including money paid by the customer to independent third-party repair shops and mechanics to remedy the Alleged Engine Problems.  The customer must provide documentation identifying the amount of out-of-pocket costs he/she has incurred.
>
> 3.  Two Years Of Extended Service Plan Coverage:  Harley will provide you with a new two-year Harley's Extended Service Plan ("ESP") to cover your motorcycle, subject to the terms, conditions, and exclusions of Harley's ESP.  If you previously purchased ESP coverage and are still under it, Harley instead will provide you a cash payment equal to Harley's cost of purchasing two years of ESP coverage for that particular motorcycle.  The cash payment will vary depending on whether the motorcycle's warranty has expired, but will not exceed $700.
>
> 4.  Existing Warranties / Service Contracts And Future Product Programs / Warranty Upgrades: You will be allowed to exercise any existing rights to repairs or claims under a Harley basic, engine, or powertrain warranty or service contract.  You also will be allowed to participate in future product-wide programs or warranty upgrades issued by Harley that otherwise would apply to your motorcycle and that are not already provided under the Settlement.
>

[grc]

7.  Confidentiality/Non-Disparagement:  You will agree to keep the terms of
the Settlement confidential.  You also will agree not to make any statements,
or cause others to make any statements, that defame, disparage, or in any way
criticize Harley or related parties, with respect to the Alleged Engine
Problems.  Failure to comply with the confidentiality and non-disparagement
provisions may make you ineligible to participate in the Settlement.
------------------------------------------------------------------------------

Good thing I'm not involved in this little fiasco.  They'd have to break all my fingers and sew my mouth shut before I'd be able to comply with that little gem.  Gotta love the MoCo's chutzpa, however.  "Yeah, we screwed you and thousands of others, but unless you promise not to tell anyone just what a bunch of incompetent cheap bastards we are, we plan to screw you over at least one more time."

Since many of the problems, like overheating and stalling, were "fixed" by the owners with tuning devices and dyno tunes, I'm wondering how that plays out in this little proposed settlement.  I cannot believe that H-D is going to start cutting checks to pay for illegal modifications, even with their obvious "good buddy" relationship with the EPA.  So I assume the only folks getting a reimbursement will be those who spent money to keep repairing gasket leaks after the warranty expired.  Pretty small number I would guess, so the out-of-pocket to H-D isn't going to amount to much.  It looks like the real settlement involves two years of ESP coverage.  That in itself seems a little strange, why not just extend the factory warranty on the engine like they did on the '99-'00 cam bearings? 

If nothing else, the extra two years of coverage should at least provide a little peace of mind.  Oh, and don't forget, keep all this stuff under your hat.


Jerry

[9 1/2 Beers]

I can't believe my eye's , I lost a lot of money on my pos 07

 this hurts

 Marty

[Mr. Wizard]

More that one letter was sent out...

http://www.cvoharley.com/smf/index.php?topic=50529.0;topicseen

[Twolanerider]

Wonder if Howie has all his engine repair receipts?  If he does there goes the CEO's bonus for this year....

[JDOFLHRIDER]

I  think a 2yr warentty for troubles isn't worth being quiet about.When bike was in shop wore out shoes,cars and emptied out refrigerator ,bloodpressure meds.  LOL    Looks like same ol same ol   Lawyers got paid.

[StrokedRider]

"SO FAR" the recall repairs have been sufficient on my '07 so i don't feel i have a viable claim since i have no real out of pocket expenses to amount to anything unlike some unfortunate others have had. That said, that only leaves me with the Heating issue. I can't even get the Stealer to recognize the problem. Without them i will have no resolve for that one. SIGH!

[Wild Card]

Having not experienced any of these problems (yet; knock on wood) with my 2009 Springer CVO, I'm wondering how many owners of the 2009 CVO's were affected by this.  Anyone out there?  Just curious.

[Twolanerider]

"SO FAR" the recall repairs have been sufficient on my '07 so i don't feel i have a viable claim since i have no real out of pocket expenses to amount to anything unlike some unfortunate others have had. That said, that only leaves me with the Heating issue. I can't even get the Stealer to recognize the problem. Without them i will have no resolve for that one. SIGH!

May not have suffered the expense for towing or other non-warranted repairs.  Still looks like anyone that qualifies for either of the repair programs can still get the two year ESP or some amount of cash refund for its expense if they already have it.

As the in-house bean counters assess the costs for such things as these can't help but wonder how in-house sanctions are levied.  You know CVO had some unexpected expense and hassle for the bad paint fiasco a few years ago.  Even more so with the 110 engines.  Both issues being (apparently) specific to the CVO programs.

Given the small number of bikes that make up CVO relative to the fleet it wouldn't be surprising to learn that a single large hit kills CVO program profits.  We already know they've been tossed as a separated assembly entity.  Now just a small design shop to pick what's part of another specialty model.  Can't help but wonder how many such SNAFUs it takes before Mother Harley says enough is enough.

[Mr. Wizard]

Having not experienced any of these problems (yet; knock on wood) with my 2009 Springer CVO, I'm wondering how many owners of the 2009 CVO's were affected by this.  Anyone out there?  Just curious.

According to their website...

The affected models include:

2007 - FLHRSE3 Screamin' Eagle Road King
2007 - FLHTCUSE2 Screamin' Eagle Ultra Classic Electra Glide
2007 - FXDSE Screamin' Eagle Dyna
2007 - FXSTSSE Screamin' Eagle Softail Spring
2008 - FLHRSE4 Screamin' Eagle Road Glide
2008 - FLHTCUSE3 Screamin' Eagle Ultra Classic Electra Glide
2008 - FXDSE2 Screamin' Eagle Dyna
2008 - FXSTSSE2 Screamin' Eagle Softail Spring

[JCZ]

The way I read it, it's not going to apply to anybody except the person that got the attorney to file the claim.

We just settled a lemon law suit with BMW of America and it didn't have that hush, hush clause in there.  And, walked away with the loan paid in full, attorney paid and a full refund on all payments made for two and a half years.  We had to pay them back a "use" fee but that was very minamal in comparrison to the payments made.  We were very happy with our settlement.

In comparison, I don't see the MoCo offering up much here except to get the attorney off their backs.  For instance, it shouldn't be a 2 year ESP.......it should be an additional two years of "factory" warranty.   It appears the attorneys want their money and run.  I don't think they've done their job.  I'd line through and initial each clause that I don't agree with, send it back to them and tell them to get on it, they haven't won the battle just yet.