Erie Islands Resort & Marina class action information

The information contained on this page was last updated on October 13, 2017.

Current status of the case: STAYED pending Bankruptcy. Due to the pending Bankruptcy and handling by the trustee, our office is no longer collecting information on prospective class action members.

On April 9, 2010, a lawsuit was filed through this office against Erie Islands Resort & Marina; Erie Islands Resort & Marina, Inc.; and Erie Islands Holding Company in the Ottawa County Common Pleas Court located in Port Clinton, Ohio: Carl R. Gordon, et al., v. Erie Islands Resort & Marina, et al. Case No. 2010-CV-271H.  This lawsuit sought to certify a class action against the defendants for violations of the Ohio Consumer Sales Practices Act in various dealings with members of Erie Islands Resort & Marina.  Click here to review a pdf copy of the Complaint.

On August 4, 2015, after considerable discovery and motion practice and one prior appeal, Ottawa County judge Bruce Winters signed a judgment entry certifying the class.  In that order, Judge Winters defined several levels of class membership.  Click here to review a pdf copy of the trial court’s full order certifying the class action.

Erie Islands Resort & Marina appealed the issue of class certification to the Ohio Sixth District Court of Appeals in Toledo, Ohio.  The Appellate Court heard oral arguments on this appeal on March 23, 2016 in the McQuade Auditorium at the University of Toledo, College of Law.  On September 30, 2016, the Sixth District determined that the Ottawa County decision of August 4, 2015 was proper and that this matter may proceed forward as a class action lawsuit.  Click here to review a pdf copy of the Sixth District’s decision affirming the class certification.

It was brought to our attention during the 2016 season that the Erie Islands Resort & Marina properties were not being adequately maintained by management and had fallen into various states of disrepair. For these reasons, the class plaintiffs filed a motion with the trial court on October 6, 2016 requesting that a Receiver be appointed to take on the responsibility and authority to manage and preserve the property and facilities.  Judge Winters set this motion for a hearing on December 2, 2016 at 9:00 a.m.  Many members were in attendance at this hearing and several were permitted to testify at the hearing regarding the state of disrepair. At the close of the hearing and after listening to a considerable amount of testimony from various aggrieved members, Judge Winters indicated from the bench that he was going to grant the motion and appoint Mark Abood as Receiver over the property.  The judge signed a written decision appointing the Receiver and outlining his duties on January 17, 2017. A copy of that decision can be found here.

On February 16, 2017, Erie Islands Resort & Marina filed for Chapter 7 bankruptcy protection in the U.S. Bankruptcy Court, Northern District of Ohio.  This bankruptcy matter is filed under Case No. 17-40243 and is assigned to Judge Kay Wood in the U.S. Courthouse in Youngstown, Ohio.  A copy of the notice of this bankruptcy filing is linked here.  Due to this bankruptcy filing, all action on the present class action litigation will be stayed pending the resolution of the bankruptcy.  The bankruptcy trustee assigned to this case is Michael D. Buzulencia.  Click here for a copy of the document notifying the Ottawa County Common Pleas Court of this development.

On October 5, 2017, the U.S. Bankruptcy Court entered an order authorizing the sale of the resort property and approved the bid procedures as proposed by the bankruptcy trustee. A copy of that court order can be viewed here.

Due to the present status of the case and bankruptcy procedures, attorneys at the Rengel Law Office are unable to provide any additional information other than what is already made available above.  We do not represent individual members but represent the class as a whole, therefore, we are unfortunately unable to provide personalized individual advice.  Therefore, we ask that you please not contact our office directly regarding this matter.

Additional updates will be posted on this page.  Please feel free to bookmark it and return periodically to keep up with any case updates.

 

PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE CONCERNING THIS CASE.

If you are an Erie Islands Resort & Marina member and you believe you fall under one of the above described class categories, please fill out the form below to be added to our potential class member database.  Completing this initial online form does not officially make you a class member or entitle you to any recovery should this matter proceed to a judgment or result in a settlement between the parties.  Should a judgment or settlement occur, additional official notification with detailed instructions will be provided. This is simply a tool to assist in assembling a list of potential class members.

 

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DISCLAIMER

This web page is designed to provide general information about the pending class action litigation with Erie Islands Resort & Marina and only to gather contact information from potential class members. Your use of this form to communicate with this law firm or any individual members of this firm does not establish an attorney-client relationship. Therefore, confidential or time sensitive information should not be submitted through this web site unless specifically requested by one of our attorneys.

By checking the box below, you indicate that you have read and understand the above disclaimer and verify that you are not sending any confidential or time sensitive information.