Wayne Jones, Individually and on behalf of all other similarly situated individuals,
v.
Redding Golf and Country Club, LLC, as successor in interest to OLD CLUB, INC. formerly known as REDDING COUNTRY CLUB, INC.
PENDING IN
COMPLEX LITIGATION DOCKET - JUDICIAL DISTRICT OF WATERBURY
DOCKET NO. UWY-CV-22-6072520S
This matter is pending in the Superior Court of the State of Connecticut, on the Complex Litigation Docket, Judicial District of Waterbury. The case caption is Wayne Jones, Individually and on behalf of all other similarly situated individuals, v. Redding Golf and Country Club, LLC, as successor in interest to OLD CLUB, INC. formerly known as REDDING COUNTRY CLUB, INC., Docket No. UWY-CV-22-6072520-S. Public judicial filings are available electronically on the State of Connecticut Judicial Branch website: www.jud.ct.gov.
In a class action lawsuit, one or more people called “Class Representatives” (in this case, Wayne Jones) sues on behalf of himself and other people who allegedly have similar claims. The people together are called a “Class” or “Class Members.” The Class Representatives who sued are called the Plaintiffs. The people or entities that the Class Representatives sued, in this case, Redding Golf and Country Club, LLC, as successor in interest to Old Club, Inc. and formerly known as Redding Country Club, Inc. (“RCC”), is called the Defendant. One trial will resolve the common issues (as defined by the Court) for everyone in the Class - except the people who choose to exclude themselves from the Class.
Plaintiff was a member of RCC. Plaintiff alleges that, on about September 25, 1998, RCC’s Board of Managers approved a resolution whereby each member of RCC was issued a Capital Certificate For Special Assessment (“Capital Certificate”) in the face amount of $6,000 in exchange for the payment of this sum to RCC. Plaintiff further alleges that, on or about March 22, 2001, RCC increased the amount of the Capital Certificates in exchange for additional payments from all members of RCC and new Capital Certificates in the face amount of $8,500 were issued and the previously issued Capital Certificates were deemed to be canceled. Plaintiff maintains that he resigned from RCC in 2008, was entitled to repayment on his Capital Certificate and RCC failed to do so.
The Plaintiff has initiated this action on behalf of himself and other similarly affected individuals, seeking monetary damages for breach of contract, breach of the covenant of fair dealing, fraudulent misrepresentation, and fraudulent concealment.
RCC denies all of these claims. RCC has asserted a number of defenses to Plaintiff’s claims including that it had and has no contractual or statutory duty to repay the Capital Certificates and Plaintiff and other class members’ claims are barred due to a lapse in time. In particular, RCC filed an Answer to the Plaintiffs’ Amended Complaint specifically denying each of the Plaintiff’s allegations as to breach of contract, breach of the covenant of fair dealing, fraudulent misrepresentation, and fraudulent concealment. RCC intends to present evidence to refute the Plaintiff’s allegations as noted above as well as evidence refuting the Plaintiff’s claimed damages. In addition, RCC has asserted legal defenses to the Plaintiff’s claims known as “Special Defenses.”
The Plaintiffs' First Amended Complaint dated October 19, 2022 (Docket Entry 106.00) and RCC’s Answer and Special Defenses dated August 18, 2023 (Docket Entry 116.00) are available on the Connecticut Judicial Branch website (www.jud.ct.gov) or from the Clerk of the Court.
The Court has decided that this lawsuit can proceed as a class action pursuant to Connecticut law. 1n particular, the Court concluded that this case meets certain legal requirements governing class actions in Connecticut courts. By certifying this matter to proceed as a Class Action, the Court defined who is in the Class and will decide what factual and legal issues will be decided on a class wide basis.
The Court's entire Memorandum of Decision on the Plaintiff’s Motion for Class Certification, dated January 10, 2025 (Docket Entry 133.20) is on the Connecticut Judicial Branch website (www.jud.ct.gov) or from the Clerk of the Court.
The Court has allowed the lawsuit to proceed as a class action on behalf of all individuals who purchased and hold Capital Certificates from RCC, in the amount of $8,500, who resigned from RCC, who made a request for payment to RCC under the Capital Certificate, the principal amount of which has not been repaid, and whose Capital Certificate number appears on a certain list designated by the Court, and whose claim falls within the applicable statute of limitations. If you fall within this definition, you are a Class Member.
You received this notice because it has been determined that you may qualify as a Class Member. You have legal rights and must decide how you want to proceed before the Court conducts further proceedings.
The Court has not decided who is right. By establishing the Class and issuing this Notice, the Court is not suggesting that the Plaintiff or Defendant will win or lose this case. The Plaintiff and the Defendant each have claims and defenses that they must prove. Future court proceedings will decide whether the claims being made against RCC are valid under the applicable law and based on the evidence in the case.
The Plaintiff is asking for money damages to be awarded himself and the Class Members for repayment of the Capital Certificates and other damages that may be available as a matter of law.
No money is available now. Neither the Court nor a jury has yet determined whether RCC owes any money, and the two sides have not settled the case. There is no guarantee that money will be obtained. If there is any monetary award or settlement, Class Members will be notified.
If you do not ask to be excluded and remain a member of the Class, The parties have agreed to a confidentiality agreement that would prevent the filing of certain personal records or identifying information, such as social security numbers, on the public docket and limit disclosure only to the attorneys for Class Members and attorneys for the Defendant (and staff members of their law firms). However, if you do not ask to be excluded from the Class, the contents of your membership file with RCC as well as all other documents and information relating to your membership and resignation at RCC will be used in this lawsuit. In addition, should this matter proceed to trial, these documents may be marked as exhibits, with certain personal identifying information, redacted (or blacked out) to ensure confidentiality. In addition, you may be required to testify at a deposition and/or trial.
It is possible that you may be asked or required to disclose additional information relevant to the Class claims, including information sufficient to determine whether you are a member of the Class. You may also have to testify about this information at a deposition or trial. This is not unusual in cases such as this. If you have additional questions as to how your personal information may be used in this matter, please contact Class Counsel, or consult with your own personal attorney.
If you do not exc1ude yourself and remain part of the Class, you will be bound by the Court’s Order regarding certified class questions as well as any judgment rendered (by the Court or through a jury verdict) in this matter. If you stay in the Class and there is a jury verdict, whether in favor of the Class or the Defendant, you will be bound by that verdict. If there is a verdict in favor of the Class and the Plaintiffs obtain money, you will only be eligible for monetary compensation as a result of that verdict if you remain in the Class. However, if you remain in the Class and there is a verdict in favor of the Defendant, you will be bound by that verdict as well and you will not be able to bring other claims against the Defendant having to do with their alleged failure to redeem the Capital Certificates.
The lawyer for the Plaintiffs and the Class is:
Anthony J. LaBella, Esq.
Anthony J. LaBella, Esq. P.C.
1100 Kings Highway East
Suite 2B
Fairfield, CT 06825
Tel. 203-515-1870
The Court has appointed this lawyer to represent the Class Members. The lawyer is called Class Counsel. More information about Class Counsel can be found at https://ajlesq.com. You can also contact Class Counsel via e-mail at: ReddingClassaction@ajlesq.com or anthony@ajlesq.com
The lawyer for RCC is:
Kimberly A. Sanford, Esq.
Harriton & Furrer, LLP
83 Wooster Heights Road, Suite 125
Danbury, Connecticut 06810
(914) 730-3400
You should not contact counsel for RCC unless you exclude yourself from the class and are not otherwise represented by an attorney.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you may hire one at your own expense and he or she may appear in the case on your behalf. You will have to pay for that lawyer. You can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
If Class Counsel obtains money or benefits for the Class, they may ask the Court to award their fees and expenses. You do not have to pay these fees and expenses directly. If the Court awards Class Counsel their fees and expenses, they would be deducted from any money obtained for the Class or paid separately by RCC (if ordered by the Court).
The Court will likely consider a legal motion from RCC for summary judgment. If the Court grants that motion, the case will be dismissed and there will be no trial. If the case is resolved by settlement or otherwise, there will also be no trial. If the case is not resolved by settlement or otherwise, there will be a trial. The trial date is currently scheduled for August 12, 2025. During that trial, a jury or a judge will hear all of the evidence to reach a decision about whether the Plaintiff or RCC is right about the claims in this lawsuit. There is no guarantee that Plaintiff will win, or that they will get any money for the Class.
Yes, but only if you are called as a witness to testify at trial. If not, Class Counsel will present the case for the Plaintiff and the Class and you do not have to come to the trial. You or your own personal attorney (if you choose to retain a personal attorney) are welcome to attend the trial even if you are not called to testify, at our own expense. If you wish to find out when the trial is being held, you may contact Class Counsel, check the docket on the Connecticut Judicial Branch website (www.jud.ct.gov), or contact the Clerk of the Court.
If the Plaintiff wins a judgment at trial, or if the parties agree to settle this matter, you will be notified about what happens next, including whether you are entitled to money and, if so, how much. It is difficult to predict how long this will take at the present stage of the litigation.
Yes, you can obtain additional information by contacting Class Counsel. Please do not contact the Court.
SEE PAGE 2 FOR MORE INFORMATION
CAN YOU BE EXCLUDED FROM THE CLASS? Yes. If you choose to exclude yourself from this lawsuit, you must complete the Request for Exclusion From Class (“Opt-Out Form”) (click the link at bottom of this page) and print, sign and return the completed form via U.S. Mail to Class Counsel on or before June 30, 2025:
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