Just figured I should update this thread a little bit.
I sent the gun back to winchester in November and received an email with a service number and a password so that I could check the status of the gun while in their possession.
I wasn't checking often figuring it would be a while before anything was done with it but last week I checked and it said they would be replacing my rifle.
I am surprised though that I have not at least received a call to inform me of this and maybe to tell me what was wrong with the original.
The status hasn't changed since last week but I'm not really in a rush, just glad to see they are making it right.