Homes and Golf Cours at Plantation Golf and Country Club

Plantation Golf and Country Club Equity Membership Lawsuits

Golf Club Faces Class Action Lawsuit

A subsidiary of Concert Golf Partners that controls the Plantation Golf and Country Club (PGCC) in Venice, FL faces a class-action lawsuit brought by former members who say they were denied millions of dollars in refunds. In a November 1, 2021 ruling, Judge Andrea McHugh, a Florida circuit court judge, granted class-action status to the suit by former members against the club and Concert Plantation, LLC. Between 500 and 700 resigned members may be part of this class action. Those eligible for the class action lawsuit include all individuals (or their guardians or estate representatives) who resigned their equity memberships before January 1, 2016, and have not received their full refund amount.

Refund Checks Fraction of Original Amounts Due

Plantation Golf and Country Club is governed through bylaws established when the club first opened. When resigning from a PGCC equity membership, members go on a waiting list to get refunds. However, it may take years before a resigned member actually gets their check. Refund amounts are based on the current Bylaws when the member’s resignation occurs. For many members, the refund amount was 80% of the equity membership fee in effect on the effective date of resignation. Recently paid refunds are NOWHERE NEAR the originally promised 80%. The change of bylaws without consent from resigned members is a self-serving business practice by PGCC.

Redacted Complaint First Page against Plantation Golf and Country Club
Click the image above to see mctlaw’s lead case against Plantation Golf and Country Club

PGCC Class Action Litigation Updates

DateActivity
11/01/2021 Ruling granting class certification. The Class is defined as: “All individuals (or their guardians or representatives) who had an effective resigned equity membership before April 1, 2016, and who have not received their full refund amount.”
12/06/2021 Written Order granting Class Certification issued
12/07/2021 Order approving forms for Class Action
12/07/2021The Class files their Motion for Partial Summary Judgment to have the Court decide their claim for breach of contract and other issues. Read the redacted motion here.
12/15/2021 Mediation/Settlement Conference
12/16/2021Notice of Appeal as to Class Certification filed by Concert
12/17/2021Notice of Appeal as to Class Certification filed by PGCC
12/20/2021Concert Plantation and PGCC file a Motion to freeze the lawsuit until the Appeals Court rules on Class Action Certification.
12/31/2021Mail Class Action Notices mailed to class members/former PGCC equity members
01/12/2022The Motion by Concert Plantation and PGCC is DENIED. Circuit Court Judge McHugh rules that the lawsuit can go forward while the appeal of the Class Action certification is pending. Read the Judge's Order Here.
01/20/2022Concert Plantation & PGCC file a Motion to Continue/Delay the hearing on the Motion for Partial Summary Judgment as well as the Trial.
01/24/2022The Class files its response opposing any continuation or delay
02/01/2022Hearing before Magistrate Bailey regarding numerous requests for documents
02/04/2022Deposition of Class Representative – A. Anderson
02/08/2022Hearing before Judge McHugh on motions to continue/delay hearing and trial.
02/08/2022The Class asks the court to help simplify discovery
02/09/2022Deposition of Class Representative – C. Holloway
02/09/2022Court issues Order setting expert report deadlines
02/10/2022Concert Plantation & PGCC file their Motion for Summary Judgment to have the Court decide the breach of contract issue as well as decide whether the Receipt & Release forms signed by certain class members is valid.
02/11/2022Agreed Order is entered by the Court to simplify the discovery process.
02/14/2022The Motion by Concert Plantation and PGCC to continue/delay the trial is DENIED. The hearing and the trial will move ahead as scheduled.
02/16/2022Deposition of Class Representative – P. McGowan
02/23/2022Deposition of former PGCC Club Manager J. Leinaweaver
03/02/2022Defendants file their response to The Class’ motion for a decision on its claims for breach of contract and other issues.
03/02/2022The Class files additional arguments explaining why the Receipt and Releases were never valid.
03/15/2022Defendants’ file a Motion for Summary Judgment requesting that the Court decide the entire case based on the evidence without the need for trial.
03/22/22Two days of hearings on the Motions for Partial Summary Judgment filed by both The Class and by PGCC and Concert Plantation, asking the Court to decide certain claims and defenses without the need for trial
03/30/2022Deposition of Peter Nanula
03/31/2022The Class serves the report of its expert Chris Foux regarding how much The Class is owed.
04/13/2022Deposition of Chris Foux.
04/14/2022Court issues its ruling saying that The Class did not present enough evidence to prove that PGCC breached its contract with the members of The Class.
04/28/2022Deposition of Corporate Representative for Concert Golf Partners, LLC
04/28/2022Deposition of Corporate Representative for Concert Plantation, LLC
04/28/2022Deposition of Corporate Representative for Concert Golf Partners Holdco, LLC
04/28/2022Deposition of Corporate Representative for Golf GP II, LLC
04/28/2022Deposition of Corporate Representative for PGCC
04/28/2022The Class files its Answer Brief to the brief filed by PGCC and Concert Plantation appealing Class Certification. Read the Answer Brief here.
05/05/2022The Class provides the Court with its arguments explaining that there are fact issues that need to go to a jury to decide. Read the redacted Motion here.
05/13/2022Hearing on PGCC’s motion that the Court decide the entire case (all claims by the The Class) without a trial.
05/13/2022The Judge immediately ruled in favor of PGCC and Concert on all counts and determined that The Class has no claims to present to a jury. [Written Order is pending]
05/13/2022Judge removes the case from the June 2022 trial docket.
05/20/2022Class Update. Read the latest update here.
09/13/2022Oral Arguments before the 2nd District Court of Appeals regarding the appeal by PGCC and Concert Plantation on Class Certification. Watch the video of the proceedings here.
Decision by the 2nd District Court of Appeals regarding the appeal by PGCC and Concert Plantation on Class Certification
Final Judgment in favor of PGCC and Concert Plantation cannot occur until after the appeal (noted above) is decided
Appeal of Summary Judgment decision by The Class.

Concert Golf Partners Buys Plantation Golf and Country Club

The Country Club sold to Concert Golf Partners, a company that “owns and operates 19 upscale private clubs.”  Along with the sale came a plan to recapitalize.  Tom Kubik, the president of Plantation Golf and Country Club, told the Venice Gondolier Sun that “in addition to the reinvestment program, CGP will immediately redeem all resigned member equity, exchanging current member equity redemption rights for those improvements.” The full article about the sale of PGCC is available here.

In other words, refund plans for resigned members are moving forward even with the sale of the country club.  However, the amounts of the refunds are not discussed in the article.

Plantation Golf and Country Club

Class Action Lawsuit: Are You on the PGCC Equity Membership Refund Waiting List? Did You Get the Wrong Refund Amount?

mctlaw Fights to Help You Receive the Amount You Deserve. Call Us Now or Fill Out a Form Below.

Self-Serving Business Practices and Harm to Resigned Members

According to the June 4th, 2013 PGCC legal committee meeting minutes, board and staff members question attorneys about the equity membership refunds.  A copy of the meeting notes is available by clicking on the document to the right.

At the time of the meeting, the country club listed over 500 pending resigned members awaiting redemptions.  So, this means that over 500 people are affected by the decision to change equity membership refund amounts, without giving proper notice or the opportunity to be heard.

To change redemption bylaws, 100% of the resigned members waiting for refunds must agree to any changes.  However, board members changed the redemption ‘formula’ in the bylaws against attorney advice.  The new amount is a fraction of the refund resigned members are entitled to at the time of resignation. Even more, this change came with no consent from resigned members waiting for their redemption.

Board members and staff made the decision to change the bylaws, knowing it would harm the resigned members.  However, the amount of money the club saves from lowering refund amounts greatly outweighs the amount they have to pay in a few lawsuits over the refunds.  So, the country club chose profit over people.  These are self-serving business practices in action at the expense of resigned members.

Consequently, the minutes of this meeting proves the board members and legal committee were aware of the Self Serving Business Practices in use when changing redemption bylaws without consent.

Mctlaw is Actively Litigating Resigned Equity Membership Cases on Behalf of Our Clients

Mctlaw fights for you to get the correct refund amount from Plantation Golf and Country Club. Talk to our attorneys about your refund even if you already received a redemption check for an incorrect amount, or you’re awaiting a redemption check,

Attorneys at mctlaw believe you deserve the amount originally and contractually promised when you purchased an equity membership. We have an experienced commercial litigation team ready to help you.  To get in contact, fill out the form below, or call 888.952.5242.

Contact Us Now



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