Class action notice - Ducati.ms

drums4money · Nov 17th, 2011, 7:00 pm

Got mine in the mail today.

If I do nothing, then I'm in the class...but I forfeit my right to sue separately in the future. What to do, what to do?

janthonyrod · Nov 17th, 2011, 7:39 pm

Got mine today as well. ????

bpracer · Nov 17th, 2011, 7:43 pm

Quote:

Originally Posted by drums4money

Got mine in the mail today.

If I do nothing, then I'm in the class...but I forfeit my right to sue separately in the future. What to do, what to do?

Me too (two of them).

I already got my replacement Paul Smart tank coated. No problems with the 848 that I can tell. Do you really want to hire a lawyer to do try your case separately?

The new 1199 has an aluminum tank, so I think Ducati has decided how to resolve the entire ethanol/plastic tank issue for the future.

spyvito · Nov 18th, 2011, 8:37 am

If you have the settlement notice, please look at section 19. You have the opportunity to comment or object to the settlement while remaining in the setlement class. The court plans to hold a fairness hearing on January 6 2012.

Once the settlement is approved the clock starts ticking on Ducati's liability for providing you a mystery tank. The mystery is how long it will keep its shape and cosmetic finish. I have had 3 replacements. I can't be sure that the latest ones will not deform. Since my motorcycles are 2006 models, when the court approves the settlement there will be 18 months of "extended warranty" then it is over.

Do you have a special edition model that you plan to keep? Do you care about resale value when you decide to sell down the road? Do you think that there should have been some monetary settlement for your down time when your bike was waiting for a new tank? Do you have an autograph on your tank and want to not turn it in on replacement? Here is your chance to comment.

You may want to speak up by sending a letter. If not, when the gavel falls on this debacle, it's over.

Have a nice day.

Cerberus · Nov 18th, 2011, 8:47 am

Quote:

Originally Posted by bpracer

Me too (two of them).

I already got my replacement Paul Smart tank coated. No problems with the 848 that I can tell. Do you really want to hire a lawyer to do try your case separately?

The new 1199 has an aluminum tank, so I think Ducati has decided how to resolve the entire ethanol/plastic tank issue for the future.

According to the notice, if your tank swells it will be replaced with a same but shorter [plastic] tank.

WakeDude · Nov 18th, 2011, 8:53 am

I received mine in the mail yesterday as well. It seems to me when I briefly skimmed it last night that there was no mention of the situation where a tank has already been replaced and the new one is deforming. In my situation I guess my new tank falls under this settlement. Hmmmmmm...

flynbulldog · Nov 18th, 2011, 9:50 am

Quote:

Originally Posted by spyvito

If you have the settlement notice, please look at section 19. You have the opportunity to comment or object to the settlement while remaining in the setlement class. The court plans to hold a fairness hearing on January 6 2012.

Once the settlement is approved the clock starts ticking on Ducati's liability for providing you a mystery tank. The mystery is how long it will keep its shape and cosmetic finish. I have had 3 replacements. I can't be sure that the latest ones will not deform. Since my motorcycles are 2006 models, when the court approves the settlement there will be 18 months of "extended warranty" then it is over.

Do you have a special edition model that you plan to keep? Do you care about resale value when you decide to sell down the road? Do you think that there should have been some monetary settlement for your down time when your bike was waiting for a new tank? Do you have an autograph on your tank and want to not turn it in on replacement? Here is your chance to comment.

You may want to speak up by sending a letter. If not, when the gavel falls on this debacle, it's over.

Have a nice day.

You are absolutely right. I plan to object to this settlement. This lawsuit accomplishes nothing more than a limit to how Ducati can handle each customer and how they can help us.

I say it should be either build tanks that don't swell and offer them as replacements or nothing.

And to me the cost of settling with the Law firm is outrageous.
We see the true motivation of this case very clearly.

Boosted Josh · Nov 18th, 2011, 10:51 am

I got mine yesterday too. I'm not sure what to do, with the Hyper it's not a cosmetic issue so I'm not worried about it on that end but I'd hate for it to split or something.

dnldfte · Nov 18th, 2011, 2:24 pm

I recieved mine yesterday. My Multi is already more than 6 years old. The only people who will win here are the lawyers. They will laugh at us all the way to the bank. Litigation is the American Way after all. Thank you Jonas Sugarman and Quang Le for giving Ducati a way to limit their liability.

spyvito · Nov 18th, 2011, 2:32 pm

Quote:

Originally Posted by dnldfte

I recieved mine yesterday. My Multi is already more than 6 years old. The only people who will win here are the lawyers. They will laugh at us all the way to the bank. Litigation is the American Way after all. Thank you Jonas Sugarman and Quang Le for giving Ducati a way to limit their liability.

Send an objection letter. If nothing else it lets the court know that the silent majority doesn't like only the lawyers getting paid.