Erie Islands Resort & Marina class action information

The information contained on this page was last updated on November 27, 2018.

Due to Bankruptcy procedures and the appointment of a trustee by the Bankruptcy judge, all future management of the Erie Islands Resort & Marina bankruptcy case and resolution and settlement of the class action claims against Erie Islands Resort & Marina (including the processing and payment of individual members’ class action claims) is being handled by the Akron office of the Brouse McDowell law firm. Any questions regarding the status of your claim should be directed to that office at 330-434-6682.

Attorneys at the Rengel Law Office are unable to provide any additional information other than what is already made available below.  Therefore, we ask that you please not contact our office regarding this matter and direct any questions to the above number.

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 was filed under Case No. 17-40243 and 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 class action litigation was 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 Bankruptcy procedures and the appointment of the above trustee, all future management of the Erie Islands Resort & Marina bankruptcy case and resolution and settlement of the class action claims against Erie Islands Resort & Marina (including the processing and payment of individual members’ class action claims) is being handled by the Akron office of the Brouse McDowell law firm. Any questions regarding the status of your claim should be directed to that office at 330-434-6682.

Attorneys at the Rengel Law Office are unable to provide any additional information other than what is already made available above.  Therefore, we ask that you please not contact our office regarding this matter and direct any questions to the above number.

 

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