Here is the thread describing what has happened..
http://www.e90post.com/forums/showthread.php?t=816737
According to BMW NA Princeton did not return two phone calls and several emails on this issue. Granted, according to the rep, thats not why BMW NA declined this. So I am SOL. Filed complaint with BWM NA, the incident is well documented with the company. Bad rep and not going back there ever again is the only thing I can do now.
My rear started leaking at 103k, so had it resealed with indy shop.. Very please with experience, those guys will be doing my rear main seal as well.. Pictures of the job inlcuded as well..
http://www.e90post.com/forums/showthread.php?t=816728