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Hirsch v. Jupiter Golf Club LLC

United States District Court for the Southern District of Florida

May 12, 2015, Decided; May 13, 2015, Filed

CASE NO. 13-80456-CIV-MARRA/MATTHEWMAN

Opinion

OPINION AND ORDER

This cause is before the Court upon Plaintiffs' Motion for Class Certification (DE 100). The Court has carefully considered the Motion and is otherwise fully advised in the premises.

I. Background

On August 8, 2013, Plaintiffs Norman Hirsch, Matthew Dwyer and Ralph Willard filed a three-count class action Amended Complaint (DE 23) for declaratory judgment (count one), breach of contract (count two) and injunctive relief (count three). In their amended complaint, Plaintiffs allege that they signed agreements to be members of the Ritz-Carlton Golf Club & Spa, Jupiter (the "Club") which Defendants RBF, LLC d/b/a the Ritz-Carlton Golf Club & Spa Jupiter ("RBF") and Jupiter Golf Club, LLC ("JGC") owned either previously (RBF) or currently (JGC). When JGC bought the club from RBF, Plaintiffs allege that the new owner changed the club membership terms set forth in the membership agreements, which triggered Defendants' obligation under the contract to refund Plaintiffs' membership deposits. JGC breached the membership agreements by attempting to alter the membership refund policy and RBF failed to convey title to [*3]  the club facilities subject to the terms of the existing membership plan. Plaintiffs allege these claims on behalf of themselves and similarly situated individuals. Defendants moved to dismiss the Complaint (DE 30 and 31), which the Court denied (DE 50).

Plaintiffs now seek to certify a class pursuant to Federal Rule of Civil Procedure 23. They propose a class defined as:

All persons who purchased a Full Golf, Fractional Golf or Social and Spa membership from RBF to The Ritz-Carlton Golf Club & Spa, paid a Membership Deposit, have not received a full refund of their Membership Deposit, and have not executed the Trump Legacy Addendum.

(DE 100 at 5.)

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2015 U.S. Dist. LEXIS 62719 *; 2015 WL 2254471

NORMAN HIRSCH, MATTHEW DWYER, and RALPH WILLARD, individually and on behalf of all others similarly situated, Plaintiffs, vs. JUPITER GOLF CLUB LLC, a Delaware LLC TRUMP NATIONAL GOLF CLUB JUPITER and RBF, LLC d/b/a THE RITZ CARLTON GOLF CLUB & SPA JUPITER, Defendants.

Prior History: Hirsch v. Jupiter Golf Club LLC, 2014 U.S. Dist. LEXIS 69086 (S.D. Fla., May 19, 2014)

CORE TERMS

Membership, certification, Deposit, predominate, refund, numerosity