Farmer Jaffe Weissing attorneys and Plaintiffs Norman Hirsch, Matthew Dwyer and Ralph Willard have been pursuing a lawsuit against RBF, LLC, (“Ritz”), the former owner of the the Ritz Carlton Golf Club and Spa – Jupiter, and Jupiter Golf Club, LLC. In December, 2012, Jupiter Golf Club, LLC (“Trump”) purchased the club from Ritz and allegedly terminated membership categories and the applicable membership plan. Defendants sought to dismiss the lawsuit. However, in May, 2014, the Court denied Defendants’ motions to dismiss, permitting Plaintiffs an opportunity to obtain discovery from Defendants. Following several months of active discovery, Plaintiffs have sought class action status for the deposit refund lawsuit. Club members claim that neither Defendant has honored the agreed-upon terms and conditions of the Club membership categories; Class Members’ rights to refunds; and their rights upon sale of the Club. Plaintiffs further claim that each Defendant has systematically refused to provide Plaintiffs and Class Members the refunds due them under the long-standing terms of their memberships both Defendants are and were bound to. Accordingly, Plaintiffs seek to maintain this case as a class action so that they may recover, for themselves and members of the proposed class, the refundable deposits paid to Ritz.
On January 20, 2015, Plaintiffs filed a motion asking the Court to certify the case as a class action. Plaintiffs offered evidence and written testimony supporting the motion and their contention that the action satisfies the requirements for class action cases under Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs have offered evidence that the proposed class is comprised of one hundred fifty individuals who paid refundable deposits to Ritz, did not sign Trump’s Legacy Addendum, and have not received a refund of any deposit monies. Defendants are expected to file written responses opposing the motion within the next few weeks. The Court is expected to decide the motion for class certification following the parties submission of written briefs. Discovery will continue in the case while the class certification motion is pending.
Farmer Jaffe Weissing is comprised of highly experienced class action attorneys who have successfully pursued class action cases and other complex civil cases involving contract disputes, insurance practices and financial institutions. Please click below if you would like more information about this lawsuit.