When I left the dealership everything was running fine, how did I know 45mins down the road that it would start up again I was supposed to go back into them on the 19th to get it looked at again and then I was going to ask for my refund, in person but I think I will now just go down today and use to money for the new batteries.
The K&N thing was helpful advice from one of the service guys, that I have gotten to know very well lately, unwillingly of course. He mentioned that there has been a few in there shop, in the last 4 weeks, that were refused warranty service on their engines cause of the K&N letting in dust. He mentioned cause they were not staying on top of the cleaning schedule for the filters. Either way I changed mine out for my sanity.