Golfers Drop Class Action Lawsuit Against Fiddler's Creek Community Developer and Issue a Public Apology

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Five current and resigned members of The Golf Club at Fiddler’s Creek who had filed a class action lawsuit in U.S. District Court against developer Aubrey J. Ferrao have dismissed their lawsuit with prejudice, and have also issued a written public apology.

Fiddler's Creek - located in Naples, FL

"The litigation stretched on for over three years before it was dismissed, with prejudice by the Plaintiffs, and proves that while justice can be delayed, it cannot be denied," stated Joseph L. Parisi, attorney for Ferrao.

Five current and resigned members of The Golf Club at Fiddler’s Creek who had filed a class action lawsuit in U.S. District Court against developer Aubrey J. Ferrao have dismissed their lawsuit with prejudice (Case No. 2:10-CV-241-FtM-36DNF, as filed in the United States District Court, Middle District of Florida). Plaintiffs Matthew Suffoletto, Raymond David, Steven Taub and Stephen Shulman, together with their attorneys Glenn Vician and Robert Stochel of Indiana, and Eric Vasquez of Naples, Florida, have also issued a written public apology to Mr. Ferrao. In addition to the issuance of the public apology and payment for publication of the apology in the local Southwest Florida media, substantial monies are being paid by the Plaintiffs and their attorneys. The written apology was published on June 7, 2013 in the Naples Daily News (http://www.naplesnews.com)

According to court documents, the lawsuit, filed in U.S. District Court in Fort Myers in April 2010, accused Mr. Ferrao of converting more than $10 million in initiation fees paid by members of The Golf Club for his personal benefit. From the very inception of this lawsuit, Mr. Ferrao and his counsel have denied the claims, and have been committed to correcting the record and defending Mr. Ferrao’s reputation and good name. The apology letter confirms that “In separate litigation, a federal judge ruled based upon, among other things, a report from the well-respected Certified Public Accounting (CPA) firm of Larson Allen, LLP, that Mr. Ferrao did not receive or benefit from any of the initiation deposits paid by the members of The Golf Club.”

The Settlement Agreement and written apology letter provide that Plaintiffs Suffoletto, David, Taub and Shulman, and their attorneys Vician, Stochel and Vasquez, have agreed to make payment of specific funds to be used for the publication of the apology letter to correct any adverse impressions that the lawsuit has or may have caused Mr. Ferrao, and to repair the injury to Mr. Ferrao’s reputation and good name.

“This litigation stretched on for over three years before it was dismissed, with prejudice by the Plaintiffs, and proves that while justice can be delayed, it cannot be denied,” stated Joseph L. Parisi, attorney for Ferrao. "This has always been about restoring Mr. Ferrao's impeccable reputation," Parisi continued. "The letter was certainly more important than obtaining money in a settlement."

About Fiddler’s Creek

Located just off Collier Boulevard between Naples and Marco Island, Fiddler’s Creek is an award-winning community that has been selected by the readers of the Naples Daily News and Bonita Daily News as “Best Community” in the 2012 Southwest Florida Readers’ Choice Awards. It also is the recipient of three 2012 CBIA Sand Dollar Awards for “Community of the Year,” “Best Special Event for Residents – New Year’s Eve Party” and “Best Community Newsletter.”

Fiddler’s Creek comprises of nearly 4,000 acres and is zoned for 6,000 residences. With a very low density level of 1.6 homes per gross acre, Fiddler’s Creek will have about 100 distinct neighborhoods upon completion. Less than a third of the land will be developed, while the remainder is dedicated to nature reserves, lakes, parks, golf courses and recreational areas.

Amenities include the 54,000-square-foot Club & Spa, Fitness Center, Tropical Lagoon-Style Swimming Complex, Tennis Courts, Tot Lot, and Casual and Elegant Dining Restaurants. The Club offers a luxurious resort lifestyle and is the location of numerous community-wide parties and special events hosted throughout the year for residents of all ages at Fiddler’s Creek.

Residents also have an opportunity to join The Golf Club at Fiddler’s Creek, ranked in Golfweek’s 100 Best Residential Golf Courses in the U.S. for the eighth consecutive year, and The Tarpon Club, offering homeowners the opportunity to enjoy a beach and boating lifestyle.

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Lori Freiburg
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